HB4137 Engrossed LRB099 07987 AMC 28127 b
1		AN ACT to revise the law by combining multiple enactments
2		and making technical corrections.
3		Be it enacted by the People of the State of Illinois,
4		represented in the General Assembly:
5		Section 1. Nature of this Act.
6		(a) This Act may be cited as the First 2015 General
7		Revisory Act.
8		(b) This Act is not intended to make any substantive change
9		in the law. It reconciles conflicts that have arisen from
10		multiple amendments and enactments and makes technical
11		corrections and revisions in the law.
12		This Act revises and, where appropriate, renumbers certain
13		Sections that have been added or amended by more than one
14		Public Act. In certain cases in which a repealed Act or Section
15		has been replaced with a successor law, this Act may
16		incorporate amendments to the repealed Act or Section into the
17		successor law. This Act also corrects errors, revises
18		cross-references, and deletes obsolete text.
19		(c) In this Act, the reference at the end of each amended
20		Section indicates the sources in the Session Laws of Illinois
21		that were used in the preparation of the text of that Section.
22		The text of the Section included in this Act is intended to
23		include the different versions of the Section found in the
24		Public Acts included in the list of sources, but may not

HB4137 Engrossed - 2 - LRB099 07987 AMC 28127 b
1		include other versions of the Section to be found in Public
2		Acts not included in the list of sources. The list of sources
3		is not a part of the text of the Section.
4		(d) Public Acts 98-590 through 98-1173 were considered in
5		the preparation of the combining revisories included in this
6		Act. Many of those combining revisories contain no striking or
7		underscoring because no additional changes are being made in
8		the material that is being combined.
9		Section 5. The Effective Date of Laws Act is amended by
10		changing Section 6 as follows:
11		(5 ILCS 75/6) (from Ch. 1, par. 1206)
12		Sec. 6. As used in this Act, "Constitution" means the
13		Constitution of the State of Illinois of 1970.
14		(Source: P.A. 78-85; revised 11-25-14.)
15		Section 10. The Regulatory Sunset Act is amended by
16		changing Section 4.27 as follows:
17		(5 ILCS 80/4.27)
18		Sec. 4.27. Acts repealed on January 1, 2017. The following
19		are repealed on January 1, 2017:
20		The Illinois Optometric Practice Act of 1987.
21		The Clinical Psychologist Licensing Act.
22		The Boiler and Pressure Vessel Repairer Regulation Act.

HB4137 Engrossed - 3 - LRB099 07987 AMC 28127 b
1		Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, VIIC, XVII,
2		XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
3		(Source: P.A. 94-787, eff. 5-19-06; 94-870, eff. 6-16-06;
4		94-956, eff. 6-27-06; 94-1076, eff. 12-29-06; 95-331, eff.
5		8-21-07; 95-876, eff. 8-21-08; revised 11-25-14.)
6		Section 15. The Illinois Administrative Procedure Act is
7		amended by changing Section 10-40 as follows:
8		(5 ILCS 100/10-40) (from Ch. 127, par. 1010-40)
9		Sec. 10-40. Rules of evidence; official notice. In
10		contested cases:
11		(a) Irrelevant, immaterial, or unduly repetitious evidence
12		shall be excluded. The rules of evidence and privilege as
13		applied in civil cases in the circuit courts of this State
14		shall be followed. Evidence not admissible under those rules of
15		evidence may be admitted, however, (except where precluded by
16		statute) if it is of a type commonly relied upon by reasonably
17		prudent men in the conduct of their affairs. Objections to
18		evidentiary offers may be made and shall be noted in the
19		record. Subject to these requirements, when a hearing will be
20		expedited and the interests of the parties will not be
21		prejudiced, any part of the evidence may be received in written
22		form.
23		(b) Subject to the evidentiary requirements of subsection
24		(a) of this Section, a party may conduct cross-examination

HB4137 Engrossed - 4 - LRB099 07987 AMC 28127 b
1		required for a full and fair disclosure of the facts.
2		(c) Notice may be taken of matters of which the circuit
3		courts of this State may take judicial notice. In addition,
4		notice may be taken of generally recognized technical or
5		scientific facts within the agency's specialized knowledge.
6		Parties shall be notified either before or during the hearing,
7		or by reference in preliminary reports or otherwise, of the
8		material noticed, including any staff memoranda or data, and
9		they shall be afforded an opportunity to contest the material
10		so noticed. The agency's experience, technical competence, and
11		specialized knowledge may be utilized in the evaluation of the
12		evidence.
13		(Source: P.A. 87-823; revised 11-25-14.)
14		Section 20. The Open Meetings Act is amended by changing
15		Section 2 as follows:
16		(5 ILCS 120/2) (from Ch. 102, par. 42)
17		Sec. 2. Open meetings.
18		(a) Openness required. All meetings of public bodies shall
19		be open to the public unless excepted in subsection (c) and
20		closed in accordance with Section 2a.
21		(b) Construction of exceptions. The exceptions contained
22		in subsection (c) are in derogation of the requirement that
23		public bodies meet in the open, and therefore, the exceptions
24		are to be strictly construed, extending only to subjects

HB4137 Engrossed - 5 - LRB099 07987 AMC 28127 b
1		clearly within their scope. The exceptions authorize but do not
2		require the holding of a closed meeting to discuss a subject
3		included within an enumerated exception.
4		(c) Exceptions. A public body may hold closed meetings to
5		consider the following subjects:
6		(1) The appointment, employment, compensation,
7		discipline, performance, or dismissal of specific
8		employees of the public body or legal counsel for the
9		public body, including hearing testimony on a complaint
10		lodged against an employee of the public body or against
11		legal counsel for the public body to determine its
12		validity.
13		(2) Collective negotiating matters between the public
14		body and its employees or their representatives, or
15		deliberations concerning salary schedules for one or more
16		classes of employees.
17		(3) The selection of a person to fill a public office,
18		as defined in this Act, including a vacancy in a public
19		office, when the public body is given power to appoint
20		under law or ordinance, or the discipline, performance or
21		removal of the occupant of a public office, when the public
22		body is given power to remove the occupant under law or
23		ordinance.
24		(4) Evidence or testimony presented in open hearing, or
25		in closed hearing where specifically authorized by law, to
26		a quasi-adjudicative body, as defined in this Act, provided

HB4137 Engrossed - 6 - LRB099 07987 AMC 28127 b
1		that the body prepares and makes available for public
2		inspection a written decision setting forth its
3		determinative reasoning.
4		(5) The purchase or lease of real property for the use
5		of the public body, including meetings held for the purpose
6		of discussing whether a particular parcel should be
7		acquired.
8		(6) The setting of a price for sale or lease of
9		property owned by the public body.
10		(7) The sale or purchase of securities, investments, or
11		investment contracts. This exception shall not apply to the
12		investment of assets or income of funds deposited into the
13		Illinois Prepaid Tuition Trust Fund.
14		(8) Security procedures and the use of personnel and
15		equipment to respond to an actual, a threatened, or a
16		reasonably potential danger to the safety of employees,
17		students, staff, the public, or public property.
18		(9) Student disciplinary cases.
19		(10) The placement of individual students in special
20		education programs and other matters relating to
21		individual students.
22		(11) Litigation, when an action against, affecting or
23		on behalf of the particular public body has been filed and
24		is pending before a court or administrative tribunal, or
25		when the public body finds that an action is probable or
26		imminent, in which case the basis for the finding shall be

HB4137 Engrossed - 7 - LRB099 07987 AMC 28127 b
1		recorded and entered into the minutes of the closed
2		meeting.
3		(12) The establishment of reserves or settlement of
4		claims as provided in the Local Governmental and
5		Governmental Employees Tort Immunity Act, if otherwise the
6		disposition of a claim or potential claim might be
7		prejudiced, or the review or discussion of claims, loss or
8		risk management information, records, data, advice or
9		communications from or with respect to any insurer of the
10		public body or any intergovernmental risk management
11		association or self insurance pool of which the public body
12		is a member.
13		(13) Conciliation of complaints of discrimination in
14		the sale or rental of housing, when closed meetings are
15		authorized by the law or ordinance prescribing fair housing
16		practices and creating a commission or administrative
17		agency for their enforcement.
18		(14) Informant sources, the hiring or assignment of
19		undercover personnel or equipment, or ongoing, prior or
20		future criminal investigations, when discussed by a public
21		body with criminal investigatory responsibilities.
22		(15) Professional ethics or performance when
23		considered by an advisory body appointed to advise a
24		licensing or regulatory agency on matters germane to the
25		advisory body's field of competence.
26		(16) Self evaluation, practices and procedures or

HB4137 Engrossed - 8 - LRB099 07987 AMC 28127 b
1		professional ethics, when meeting with a representative of
2		a statewide association of which the public body is a
3		member.
4		(17) The recruitment, credentialing, discipline or
5		formal peer review of physicians or other health care
6		professionals for a hospital, or other institution
7		providing medical care, that is operated by the public
8		body.
9		(18) Deliberations for decisions of the Prisoner
10		Review Board.
11		(19) Review or discussion of applications received
12		under the Experimental Organ Transplantation Procedures
13		Act.
14		(20) The classification and discussion of matters
15		classified as confidential or continued confidential by
16		the State Government Suggestion Award Board.
17		(21) Discussion of minutes of meetings lawfully closed
18		under this Act, whether for purposes of approval by the
19		body of the minutes or semi-annual review of the minutes as
20		mandated by Section 2.06.
21		(22) Deliberations for decisions of the State
22		Emergency Medical Services Disciplinary Review Board.
23		(23) The operation by a municipality of a municipal
24		utility or the operation of a municipal power agency or
25		municipal natural gas agency when the discussion involves
26		(i) contracts relating to the purchase, sale, or delivery

HB4137 Engrossed - 9 - LRB099 07987 AMC 28127 b
1		of electricity or natural gas or (ii) the results or
2		conclusions of load forecast studies.
3		(24) Meetings of a residential health care facility
4		resident sexual assault and death review team or the
5		Executive Council under the Abuse Prevention Review Team
6		Act.
7		(25) Meetings of an independent team of experts under
8		Brian's Law.
9		(26) Meetings of a mortality review team appointed
10		under the Department of Juvenile Justice Mortality Review
11		Team Act.
12		(27) (Blank).
13		(28) Correspondence and records (i) that may not be
14		disclosed under Section 11-9 of the Public Aid Code or (ii)
15		that pertain to appeals under Section 11-8 of the Public
16		Aid Code.
17		(29) Meetings between internal or external auditors
18		and governmental audit committees, finance committees, and
19		their equivalents, when the discussion involves internal
20		control weaknesses, identification of potential fraud risk
21		areas, known or suspected frauds, and fraud interviews
22		conducted in accordance with generally accepted auditing
23		standards of the United States of America.
24		(30) Those meetings or portions of meetings of a
25		fatality review team or the Illinois Fatality Review Team
26		Advisory Council during which a review of the death of an

HB4137 Engrossed - 10 - LRB099 07987 AMC 28127 b
1		eligible adult in which abuse or neglect is suspected,
2		alleged, or substantiated is conducted pursuant to Section
3		15 of the Adult Protective Services Act.
4		(31) Meetings and deliberations for decisions of the
5		Concealed Carry Licensing Review Board under the Firearm
6		Concealed Carry Act.
7		(32) Meetings between the Regional Transportation
8		Authority Board and its Service Boards when the discussion
9		involves review by the Regional Transportation Authority
10		Board of employment contracts under Section 28d of the
11		Metropolitan Transit Authority Act and Sections 3A.18 and
12		3B.26 of the Regional Transportation Authority Act.
13		(d) Definitions. For purposes of this Section:
14		"Employee" means a person employed by a public body whose
15		relationship with the public body constitutes an
16		employer-employee relationship under the usual common law
17		rules, and who is not an independent contractor.
18		"Public office" means a position created by or under the
19		Constitution or laws of this State, the occupant of which is
20		charged with the exercise of some portion of the sovereign
21		power of this State. The term "public office" shall include
22		members of the public body, but it shall not include
23		organizational positions filled by members thereof, whether
24		established by law or by a public body itself, that exist to
25		assist the body in the conduct of its business.
26		"Quasi-adjudicative body" means an administrative body

HB4137 Engrossed - 11 - LRB099 07987 AMC 28127 b
1		charged by law or ordinance with the responsibility to conduct
2		hearings, receive evidence or testimony and make
3		determinations based thereon, but does not include local
4		electoral boards when such bodies are considering petition
5		challenges.
6		(e) Final action. No final action may be taken at a closed
7		meeting. Final action shall be preceded by a public recital of
8		the nature of the matter being considered and other information
9		that will inform the public of the business being conducted.
10		(Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11;
11		97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff.
12		8-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff.
13		7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14; revised
14		10-1-14.)
15		Section 25. The Freedom of Information Act is amended by
16		changing Sections 2 and 7.5 as follows:
17		(5 ILCS 140/2) (from Ch. 116, par. 202)
18		Sec. 2. Definitions. As used in this Act:
19		(a) "Public body" means all legislative, executive,
20		administrative, or advisory bodies of the State, state
21		universities and colleges, counties, townships, cities,
22		villages, incorporated towns, school districts and all other
23		municipal corporations, boards, bureaus, committees, or
24		commissions of this State, any subsidiary bodies of any of the

HB4137 Engrossed - 12 - LRB099 07987 AMC 28127 b
1		foregoing including but not limited to committees and
2		subcommittees thereof, and a School Finance Authority created
3		under Article 1E of the School Code. "Public body" does not
4		include a child death review team or the Illinois Child Death
5		Review Teams Executive Council established under the Child
6		Death Review Team Act, or a regional youth advisory board or
7		the Statewide Youth Advisory Board established under the
8		Department of Children and Family Services Statewide Youth
9		Advisory Board Act.
10		(b) "Person" means any individual, corporation,
11		partnership, firm, organization or association, acting
12		individually or as a group.
13		(c) "Public records" means all records, reports, forms,
14		writings, letters, memoranda, books, papers, maps,
15		photographs, microfilms, cards, tapes, recordings, electronic
16		data processing records, electronic communications, recorded
17		information and all other documentary materials pertaining to
18		the transaction of public business, regardless of physical form
19		or characteristics, having been prepared by or for, or having
20		been or being used by, received by, in the possession of, or
21		under the control of any public body.
22		(c-5) "Private information" means unique identifiers,
23		including a person's social security number, driver's license
24		number, employee identification number, biometric identifiers,
25		personal financial information, passwords or other access
26		codes, medical records, home or personal telephone numbers, and

HB4137 Engrossed - 13 - LRB099 07987 AMC 28127 b
1		personal email addresses. Private information also includes
2		home address and personal license plates, except as otherwise
3		provided by law or when compiled without possibility of
4		attribution to any person.
5		(c-10) "Commercial purpose" means the use of any part of a
6		public record or records, or information derived from public
7		records, in any form for sale, resale, or solicitation or
8		advertisement for sales or services. For purposes of this
9		definition, requests made by news media and non-profit,
10		scientific, or academic organizations shall not be considered
11		to be made for a "commercial purpose" when the principal
12		purpose of the request is (i) to access and disseminate
13		information concerning news and current or passing events, (ii)
14		for articles of opinion or features of interest to the public,
15		or (iii) for the purpose of academic, scientific, or public
16		research or education.
17		(d) "Copying" means the reproduction of any public record
18		by means of any photographic, electronic, mechanical or other
19		process, device or means now known or hereafter developed and
20		available to the public body.
21		(e) "Head of the public body" means the president, mayor,
22		chairman, presiding officer, director, superintendent,
23		manager, supervisor or individual otherwise holding primary
24		executive and administrative authority for the public body, or
25		such person's duly authorized designee.
26		(f) "News media" means a newspaper or other periodical

HB4137 Engrossed - 14 - LRB099 07987 AMC 28127 b
1		issued at regular intervals whether in print or electronic
2		format, a news service whether in print or electronic format, a
3		radio station, a television station, a television network, a
4		community antenna television service, or a person or
5		corporation engaged in making news reels or other motion
6		picture news for public showing.
7		(g) "Recurrent requester", as used in Section 3.2 of this
8		Act, means a person that, in the 12 months immediately
9		preceding the request, has submitted to the same public body
10		(i) a minimum of 50 requests for records, (ii) a minimum of 15
11		requests for records within a 30-day period, or (iii) a minimum
12		of 7 requests for records within a 7-day period. For purposes
13		of this definition, requests made by news media and non-profit,
14		scientific, or academic organizations shall not be considered
15		in calculating the number of requests made in the time periods
16		in this definition when the principal purpose of the requests
17		is (i) to access and disseminate information concerning news
18		and current or passing events, (ii) for articles of opinion or
19		features of interest to the public, or (iii) for the purpose of
20		academic, scientific, or public research or education.
21		For the purposes of this subsection (g), "request" means a
22		written document (or oral request, if the public body chooses
23		to honor oral requests) that is submitted to a public body via
24		personal delivery, mail, telefax, electronic mail, or other
25		means available to the public body and that identifies the
26		particular public record the requester seeks. One request may

HB4137 Engrossed - 15 - LRB099 07987 AMC 28127 b
1		identify multiple records to be inspected or copied.
2		(h) "Voluminous request" means a request that: (i) includes
3		more than 5 individual requests for more than 5 different
4		categories of records or a combination of individual requests
5		that total requests for more than 5 different categories of
6		records in a period of 20 business days; or (ii) requires the
7		compilation of more than 500 letter or legal-sized pages of
8		public records unless a single requested record exceeds 500
9		pages. "Single requested record" may include, but is not
10		limited to, one report, form, e-mail, letter, memorandum, book,
11		map, microfilm, tape, or recording.
12		"Voluminous request" does not include a request made by
13		news media and non-profit, scientific, or academic
14		organizations if the principal purpose of the request is: (1)
15		to access and disseminate information concerning news and
16		current or passing events; (2) for articles of opinion or
17		features of interest to the public; or (3) for the purpose of
18		academic, scientific, or public research or education.
19		For the purposes of this subsection (h), "request" means a
20		written document, or oral request, if the public body chooses
21		to honor oral requests, that is submitted to a public body via
22		personal delivery, mail, telefax, electronic mail, or other
23		means available to the public body and that identifies the
24		particular public record or records the requester seeks. One
25		request may identify multiple individual records to be
26		inspected or copied.

HB4137 Engrossed - 16 - LRB099 07987 AMC 28127 b
1		(Source: P.A. 97-579, eff. 8-26-11; 98-806, eff. 1-1-15;
2		98-1129, eff. 12-3-14; revised 12-19-14.)
3		(5 ILCS 140/7.5)
4		Sec. 7.5. Statutory exemptions Exemptions. To the extent
5		provided for by the statutes referenced below, the following
6		shall be exempt from inspection and copying:
7		(a) All information determined to be confidential
8		under Section 4002 of the Technology Advancement and
9		Development Act.
10		(b) Library circulation and order records identifying
11		library users with specific materials under the Library
12		Records Confidentiality Act.
13		(c) Applications, related documents, and medical
14		records received by the Experimental Organ Transplantation
15		Procedures Board and any and all documents or other records
16		prepared by the Experimental Organ Transplantation
17		Procedures Board or its staff relating to applications it
18		has received.
19		(d) Information and records held by the Department of
20		Public Health and its authorized representatives relating
21		to known or suspected cases of sexually transmissible
22		disease or any information the disclosure of which is
23		restricted under the Illinois Sexually Transmissible
24		Disease Control Act.
25		(e) Information the disclosure of which is exempted

HB4137 Engrossed - 17 - LRB099 07987 AMC 28127 b
1		under Section 30 of the Radon Industry Licensing Act.
2		(f) Firm performance evaluations under Section 55 of
3		the Architectural, Engineering, and Land Surveying
4		Qualifications Based Selection Act.
5		(g) Information the disclosure of which is restricted
6		and exempted under Section 50 of the Illinois Prepaid
7		Tuition Act.
8		(h) Information the disclosure of which is exempted
9		under the State Officials and Employees Ethics Act, and
10		records of any lawfully created State or local inspector
11		general's office that would be exempt if created or
12		obtained by an Executive Inspector General's office under
13		that Act.
14		(i) Information contained in a local emergency energy
15		plan submitted to a municipality in accordance with a local
16		emergency energy plan ordinance that is adopted under
17		Section 11-21.5-5 of the Illinois Municipal Code.
18		(j) Information and data concerning the distribution
19		of surcharge moneys collected and remitted by wireless
20		carriers under the Wireless Emergency Telephone Safety
21		Act.
22		(k) Law enforcement officer identification information
23		or driver identification information compiled by a law
24		enforcement agency or the Department of Transportation
25		under Section 11-212 of the Illinois Vehicle Code.
26		(l) Records and information provided to a residential

HB4137 Engrossed - 18 - LRB099 07987 AMC 28127 b
1		health care facility resident sexual assault and death
2		review team or the Executive Council under the Abuse
3		Prevention Review Team Act.
4		(m) Information provided to the predatory lending
5		database created pursuant to Article 3 of the Residential
6		Real Property Disclosure Act, except to the extent
7		authorized under that Article.
8		(n) Defense budgets and petitions for certification of
9		compensation and expenses for court appointed trial
10		counsel as provided under Sections 10 and 15 of the Capital
11		Crimes Litigation Act. This subsection (n) shall apply
12		until the conclusion of the trial of the case, even if the
13		prosecution chooses not to pursue the death penalty prior
14		to trial or sentencing.
15		(o) Information that is prohibited from being
16		disclosed under Section 4 of the Illinois Health and
17		Hazardous Substances Registry Act.
18		(p) Security portions of system safety program plans,
19		investigation reports, surveys, schedules, lists, data, or
20		information compiled, collected, or prepared by or for the
21		Regional Transportation Authority under Section 2.11 of
22		the Regional Transportation Authority Act or the St. Clair
23		County Transit District under the Bi-State Transit Safety
24		Act.
25		(q) Information prohibited from being disclosed by the
26		Personnel Records Review Act.

HB4137 Engrossed - 19 - LRB099 07987 AMC 28127 b
1		(r) Information prohibited from being disclosed by the
2		Illinois School Student Records Act.
3		(s) Information the disclosure of which is restricted
4		under Section 5-108 of the Public Utilities Act.
5		(t) All identified or deidentified health information
6		in the form of health data or medical records contained in,
7		stored in, submitted to, transferred by, or released from
8		the Illinois Health Information Exchange, and identified
9		or deidentified health information in the form of health
10		data and medical records of the Illinois Health Information
11		Exchange in the possession of the Illinois Health
12		Information Exchange Authority due to its administration
13		of the Illinois Health Information Exchange. The terms
14		"identified" and "deidentified" shall be given the same
15		meaning as in the Health Insurance Accountability and
16		Portability Act of 1996, Public Law 104-191, or any
17		subsequent amendments thereto, and any regulations
18		promulgated thereunder.
19		(u) Records and information provided to an independent
20		team of experts under Brian's Law.
21		(v) Names and information of people who have applied
22		for or received Firearm Owner's Identification Cards under
23		the Firearm Owners Identification Card Act or applied for
24		or received a concealed carry license under the Firearm
25		Concealed Carry Act, unless otherwise authorized by the
26		Firearm Concealed Carry Act; and databases under the

HB4137 Engrossed - 20 - LRB099 07987 AMC 28127 b
1		Firearm Concealed Carry Act, records of the Concealed Carry
2		Licensing Review Board under the Firearm Concealed Carry
3		Act, and law enforcement agency objections under the
4		Firearm Concealed Carry Act.
5		(w) Personally identifiable information which is
6		exempted from disclosure under subsection (g) of Section
7		19.1 of the Toll Highway Act.
8		(x) Information which is exempted from disclosure
9		under Section 5-1014.3 of the Counties Code or Section
10		8-11-21 of the Illinois Municipal Code.
11		(y) Confidential information under the Adult
12		Protective Services Act and its predecessor enabling
13		statute, the Elder Abuse and Neglect Act, including
14		information about the identity and administrative finding
15		against any caregiver of a verified and substantiated
16		decision of abuse, neglect, or financial exploitation of an
17		eligible adult maintained in the Registry established
18		under Section 7.5 of the Adult Protective Services Act.
19		(z) Records and information provided to a fatality
20		review team or the Illinois Fatality Review Team Advisory
21		Council under Section 15 of the Adult Protective Services
22		Act.
23		(aa) Information which is exempted from disclosure
24		under Section 2.37 of the Wildlife Code.
25		(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,
26		eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,

HB4137 Engrossed - 21 - LRB099 07987 AMC 28127 b
1		eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039,
2		eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.)
3		Section 30. The State Records Act is amended by changing
4		Section 15b as follows:
5		(5 ILCS 160/15b) (from Ch. 116, par. 43.18b)
6		Sec. 15b. The head of each agency shall:
7		(1) Determine what records are "essential" for
8		emergency government operation through consultation with
9		all branches of government, State agencies, and with the
10		State Civil Defense Agency.
11		(2) Determine what records are "essential" for
12		post-emergency government operations and provide for their
13		protection and preservation.
14		(3) Establish the manner in which essential records for
15		emergency and post-emergency government operations shall
16		be preserved to ensure insure emergency usability.
17		(4) Establish and maintain an essential records
18		preservation program.
19		The Secretary may provide for security storage or
20		relocation of essential State records in the event of an
21		emergency arising from enemy attack or natural disaster.
22		(Source: P.A. 85-414; revised 11-25-14.)
23		Section 35. The Electronic Commerce Security Act is amended

HB4137 Engrossed - 22 - LRB099 07987 AMC 28127 b
1		by changing Section 10-115 as follows:
2		(5 ILCS 175/10-115)
3		Sec. 10-115. Commercially reasonable; reliance.
4		(a) The commercial reasonableness of a security procedure
5		is a question of law to be determined in light of the purposes
6		of the procedure and the commercial circumstances at the time
7		the procedure was used, including the nature of the
8		transaction, sophistication of the parties, volume of similar
9		transactions engaged in by either or both of the parties,
10		availability of alternatives offered to but rejected by either
11		of the parties, cost of alternative procedures, and procedures
12		in general use for similar types of transactions.
13		(b) Whether reliance on a security procedure was reasonable
14		and in good faith is to be determined in light of all the
15		circumstances known to the relying party at the time of the
16		reliance, having due regard to the:
17		(1) the information that the relying party knew or
18		should have known of at the time of reliance that would
19		suggest that reliance was or was not reasonable;
20		(2) the value or importance of the electronic record,
21		if known;
22		(3) any course of dealing between the relying party and
23		the purported sender and the available indicia of
24		reliability or unreliability apart from the security
25		procedure;

HB4137 Engrossed - 23 - LRB099 07987 AMC 28127 b
1		(4) any usage of trade, particularly trade conducted by
2		trustworthy systems or other computer-based means; and
3		(5) whether the verification was performed with the
4		assistance of an independent third party.
5		(Source: P.A. 90-759, eff. 7-1-99; revised 11-25-14.)
6		Section 40. The Employee Rights Violation Act is amended by
7		changing Section 2 as follows:
8		(5 ILCS 285/2) (from Ch. 127, par. 63b100-2)
9		Sec. 2. For the purposes of this Act, the terms used herein
10		shall have the meanings ascribed to them in this Section:
11		(a) "Policy making officer" means: (i) an employee of a
12		State agency who is engaged predominantly in executive and
13		management functions and is charged with the responsibility of
14		directing the effectuation of such management policies and
15		practices; or (ii) an employee of a State agency whose
16		principal work is substantially different from that of his
17		subordinates and who has authority in the interest of the State
18		agency to hire, transfer, suspend, lay off, recall, promote,
19		discharge, direct, reward, or discipline employees, or to
20		adjust their grievances, or to effectively recommend such
21		action, if the exercise of such authority is not of a merely
22		routine or clerical nature, but requires the consistent use of
23		independent judgment; or (iii) a Director, Assistant Director
24		or Deputy Director of a State agency. ;

HB4137 Engrossed - 24 - LRB099 07987 AMC 28127 b
1		(b) "State agency" means the Departments of the Executive
2		Branch of State government listed in Section 5-15 of the
3		Departments of State Government Law (20 ILCS 5/5-15). ;
4		(c) "Director" includes the Secretary of Transportation.
5		(Source: P.A. 91-239, eff. 1-1-00; revised 11-25-14.)
6		Section 45. The Election Code is amended by changing
7		Sections 10-10 and 16-6.1 as follows:
8		(10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
9		Sec. 10-10. Within 24 hours after the receipt of the
10		certificate of nomination or nomination papers or proposed
11		question of public policy, as the case may be, and the
12		objector's petition, the chairman of the electoral board other
13		than the State Board of Elections shall send a call by
14		registered or certified mail to each of the members of the
15		electoral board, and to the objector who filed the objector's
16		petition, and either to the candidate whose certificate of
17		nomination or nomination papers are objected to or to the
18		principal proponent or attorney for proponents of a question of
19		public policy, as the case may be, whose petitions are objected
20		to, and shall also cause the sheriff of the county or counties
21		in which such officers and persons reside to serve a copy of
22		such call upon each of such officers and persons, which call
23		shall set out the fact that the electoral board is required to
24		meet to hear and pass upon the objections to nominations made

HB4137 Engrossed - 25 - LRB099 07987 AMC 28127 b
1		for the office, designating it, and shall state the day, hour
2		and place at which the electoral board shall meet for the
3		purpose, which place shall be in the county court house in the
4		county in the case of the County Officers Electoral Board, the
5		Municipal Officers Electoral Board, the Township Officers
6		Electoral Board or the Education Officers Electoral Board,
7		except that the Municipal Officers Electoral Board, the
8		Township Officers Electoral Board, and the Education Officers
9		Electoral Board may meet at the location where the governing
10		body of the municipality, township, or community college
11		district, respectively, holds its regularly scheduled
12		meetings, if that location is available; provided that voter
13		records may be removed from the offices of an election
14		authority only at the discretion and under the supervision of
15		the election authority. In those cases where the State Board of
16		Elections is the electoral board designated under Section 10-9,
17		the chairman of the State Board of Elections shall, within 24
18		hours after the receipt of the certificate of nomination or
19		nomination papers or petitions for a proposed amendment to
20		Article IV of the Constitution or proposed statewide question
21		of public policy, send a call by registered or certified mail
22		to the objector who files the objector's petition, and either
23		to the candidate whose certificate of nomination or nomination
24		papers are objected to or to the principal proponent or
25		attorney for proponents of the proposed Constitutional
26		amendment or statewide question of public policy and shall

HB4137 Engrossed - 26 - LRB099 07987 AMC 28127 b
1		state the day, hour and place at which the electoral board
2		shall meet for the purpose, which place may be in the Capitol
3		Building or in the principal or permanent branch office of the
4		State Board. The day of the meeting shall not be less than 3
5		nor more than 5 days after the receipt of the certificate of
6		nomination or nomination papers and the objector's petition by
7		the chairman of the electoral board.
8		The electoral board shall have the power to administer
9		oaths and to subpoena and examine witnesses and, at the request
10		of either party and only upon a vote by a majority of its
11		members, may authorize the chairman to issue subpoenas
12		requiring the attendance of witnesses and subpoenas duces tecum
13		requiring the production of such books, papers, records and
14		documents as may be evidence of any matter under inquiry before
15		the electoral board, in the same manner as witnesses are
16		subpoenaed in the Circuit Court.
17		Service of such subpoenas shall be made by any sheriff or
18		other person in the same manner as in cases in such court and
19		the fees of such sheriff shall be the same as is provided by
20		law, and shall be paid by the objector or candidate who causes
21		the issuance of the subpoena. In case any person so served
22		shall knowingly neglect or refuse to obey any such subpoena, or
23		to testify, the electoral board shall at once file a petition
24		in the circuit court of the county in which such hearing is to
25		be heard, or has been attempted to be heard, setting forth the
26		facts, of such knowing refusal or neglect, and accompanying the

HB4137 Engrossed - 27 - LRB099 07987 AMC 28127 b
1		petition with a copy of the citation and the answer, if one has
2		been filed, together with a copy of the subpoena and the return
3		of service thereon, and shall apply for an order of court
4		requiring such person to attend and testify, and forthwith
5		produce books and papers, before the electoral board. Any
6		circuit court of the state, excluding the judge who is sitting
7		on the electoral board, upon such showing shall order such
8		person to appear and testify, and to forthwith produce such
9		books and papers, before the electoral board at a place to be
10		fixed by the court. If such person shall knowingly fail or
11		refuse to obey such order of the court without lawful excuse,
12		the court shall punish him or her by fine and imprisonment, as
13		the nature of the case may require and may be lawful in cases
14		of contempt of court.
15		The electoral board on the first day of its meeting shall
16		adopt rules of procedure for the introduction of evidence and
17		the presentation of arguments and may, in its discretion,
18		provide for the filing of briefs by the parties to the
19		objection or by other interested persons.
20		In the event of a State Electoral Board hearing on
21		objections to a petition for an amendment to Article IV of the
22		Constitution pursuant to Section 3 of Article XIV of the
23		Constitution, or to a petition for a question of public policy
24		to be submitted to the voters of the entire State, the
25		certificates of the county clerks and boards of election
26		commissioners showing the results of the random sample of

HB4137 Engrossed - 28 - LRB099 07987 AMC 28127 b
1		signatures on the petition shall be prima facie valid and
2		accurate, and shall be presumed to establish the number of
3		valid and invalid signatures on the petition sheets reviewed in
4		the random sample, as prescribed in Section 28-11 and 28-12 of
5		this Code. Either party, however, may introduce evidence at
6		such hearing to dispute the findings as to particular
7		signatures. In addition to the foregoing, in the absence of
8		competent evidence presented at such hearing by a party
9		substantially challenging the results of a random sample, or
10		showing a different result obtained by an additional sample,
11		this certificate of a county clerk or board of election
12		commissioners shall be presumed to establish the ratio of valid
13		to invalid signatures within the particular election
14		jurisdiction.
15		The electoral board shall take up the question as to
16		whether or not the certificate of nomination or nomination
17		papers or petitions are in proper form, and whether or not they
18		were filed within the time and under the conditions required by
19		law, and whether or not they are the genuine certificate of
20		nomination or nomination papers or petitions which they purport
21		to be, and whether or not in the case of the certificate of
22		nomination in question it represents accurately the decision of
23		the caucus or convention issuing it, and in general shall
24		decide whether or not the certificate of nomination or
25		nominating papers or petitions on file are valid or whether the
26		objections thereto should be sustained and the decision of a

HB4137 Engrossed - 29 - LRB099 07987 AMC 28127 b
1		majority of the electoral board shall be final subject to
2		judicial review as provided in Section 10-10.1. The electoral
3		board must state its findings in writing and must state in
4		writing which objections, if any, it has sustained. A copy of
5		the decision shall be served upon the parties to the
6		proceedings in open proceedings before the electoral board. If
7		a party does not appear for receipt of the decision, the
8		decision shall be deemed to have been served on the absent
9		party on the date when a copy of the decision is personally
10		delivered or on the date when a copy of the decision is
11		deposited in the Unites States mail, in a sealed envelope or
12		package, with postage prepaid, addressed to each party affected
13		by the decision or to such party's attorney of record, if any,
14		at the address on record for such person in the files of the
15		electoral board.
16		Upon the expiration of the period within which a proceeding
17		for judicial review must be commenced under Section 10-10.1,
18		the electoral board shall, unless a proceeding for judicial
19		review has been commenced within such period, transmit, by
20		registered or certified mail, a certified copy of its ruling,
21		together with the original certificate of nomination or
22		nomination papers or petitions and the original objector's
23		petition, to the officer or board with whom the certificate of
24		nomination or nomination papers or petitions, as objected to,
25		were on file, and such officer or board shall abide by and
26		comply with the ruling so made to all intents and purposes.

HB4137 Engrossed - 30 - LRB099 07987 AMC 28127 b
1		(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14;
2		revised 11-25-14.)
3		(10 ILCS 5/16-6.1) (from Ch. 46, par. 16-6.1)
4		Sec. 16-6.1. In elections held pursuant to the provisions
5		of Section 12 of Article VI of the Constitution relating to
6		retention of judges in office, the form of the proposition to
7		be submitted for each candidate shall be as provided in
8		paragraph (1) or (2), as the election authority may choose.
9		(1) The names of all persons seeking retention in the
10		same office shall be listed, in the order provided in this
11		Section, with one proposition that reads substantially as
12		follows: "Shall each of the persons listed be retained in
13		office as (insert name of office and court)?". To the right
14		of each candidate's name must be places for the voter to
15		mark "Yes" or "No". If the list of candidates for retention
16		in the same office exceeds one page of the ballot, the
17		proposition must appear on each page upon which the list of
18		candidates continues.
19		(2) The form of the proposition for each candidate
20		shall be substantially as follows:
21		-----------------------------------------------------
22		Shall ....... (insert name YES
23		of candidate) be retained in --------------
24		office as ..... (insert name NO
25		of office and Court)?

HB4137 Engrossed - 31 - LRB099 07987 AMC 28127 b
1		-----------------------------------------------------
2		The names of all candidates thus submitting their names for
3		retention in office in any particular judicial district or
4		circuit shall appear on the same ballot which shall be separate
5		from all other ballots voted on at the general election.
6		Propositions on Supreme Court judges, if any are seeking
7		retention, shall appear on the ballot in the first group, for
8		judges of the Appellate Court in the second group immediately
9		under the first, and for circuit judges in the last group. The
10		grouping of candidates for the same office shall be preceded by
11		a heading describing the office and the court. If there are two
12		or more candidates for each office, the names of such
13		candidates in each group shall be listed in the order
14		determined as follows: The name of the person with the greatest
15		length of time served in the specified office of the specified
16		court shall be listed first in each group. The rest of the
17		names shall be listed in the appropriate order based on the
18		same seniority standard. If two or more candidates for each
19		office have served identical periods of time in the specified
20		office, such candidates shall be listed alphabetically at the
21		appropriate place in the order of names based on seniority in
22		the office as described. Circuit judges shall be credited for
23		the purposes of this section with service as associate judges
24		prior to July 1, 1971 and with service on any court the judges
25		of which were made associate judges on January 1, 1964 by
26		virtue of Paragraph 4, subparagraphs (c) and (d) of the

HB4137 Engrossed - 32 - LRB099 07987 AMC 28127 b
1		Schedule to Article VI of the former Illinois Constitution.
2		At the top of the ballot on the same side as the
3		propositions on the candidates are listed shall be printed an
4		explanation to read substantially as follows: "Vote on the
5		proposition with respect to all or any of the judges listed on
6		this ballot. No judge listed is running against any other
7		judge. The sole question is whether each judge shall be
8		retained in his or her present office".
9		Such separate ballot shall be printed on paper of
10		sufficient size so that when folded once it shall be large
11		enough to contain the following words, which shall be printed
12		on the back, "Ballot for judicial candidates seeking retention
13		in office". Such ballot shall be handed to the elector at the
14		same time as the ballot containing the names of other
15		candidates for the general election and shall be returned
16		therewith by the elector to the proper officer in the manner
17		designated by this Act. All provisions of this Act relating to
18		ballots shall apply to such separate ballot, except as
19		otherwise specifically provided in this section. Such separate
20		ballot shall be printed upon paper of a green color. No other
21		ballot at the same election shall be green in color.
22		In precincts in which voting machines are used, the special
23		ballot containing the propositions on the retention of judges
24		may be placed on the voting machines if such voting machines
25		permit the casting of votes on such propositions.
26		An electronic voting system authorized by Article 24A may

HB4137 Engrossed - 33 - LRB099 07987 AMC 28127 b
1		be used in voting and tabulating the judicial retention
2		ballots. When an electronic voting system is used which
3		utilizes a ballot label booklet and ballot card, there shall be
4		used in the label booklet a separate ballot label page or pages
5		as required for such proposition, which page or pages for such
6		proposition shall be of a green color separate and distinct
7		from the ballot label page or pages used for any other
8		proposition or candidates.
9		(Source: P.A. 92-178, eff. 1-1-02; 92-465, eff. 1-1-02; revised
10		11-25-14.)
11		Section 50. The State Comptroller Act is amended by
12		changing Section 26 as follows:
13		(15 ILCS 405/26)
14		Sec. 26. Illinois Gives Initiative.
15		(a) The Illinois Gives Initiative is hereby created to
16		provide a mechanism whereby an employee or annuitant may
17		authorize the withholding of a portion of his or her salary,
18		wages, or annuity for payment to Illinois chapters of the
19		American Red Cross whose territories include areas affected by
20		a declaration of disaster issued in accordance with Section 7
21		of the Illinois Emergency Management Agency Act.
22		(b) The initiative shall be administered by the State
23		Comptroller, who is authorized to:
24		(1) develop an electronic mechanism whereby an

HB4137 Engrossed - 34 - LRB099 07987 AMC 28127 b
1		employee or annuitant may register with the Office of the
2		Comptroller for the withholding to be deducted from the
3		next available scheduled pay period;
4		(2) develop policies and procedures necessary for the
5		efficient transmission of the notification of the
6		withholding under this Section to the employee's Payroll
7		Officer or the annuitant's Retirement Agency; and
8		(3) develop policies and procedures necessary for the
9		efficient distribution of the withholdings under this
10		Section to designated Illinois chapters of the American Red
11		Cross.
12		(Source: P.A. 98-700, eff. 7-7-14; revised 11-25-14.)
13		Section 55. The Illinois Act on the Aging is amended by
14		changing Section 8.09 as follows:
15		(20 ILCS 105/8.09)
16		Sec. 8.09. Unlicensed or uncertified facilities. No public
17		official, agent, or employee may place any person in or with,
18		or recommend that any person be placed in or with, or directly
19		or indirectly cause any person to be placed in or with any
20		unlicensed or uncertified: (i) board and care home as defined
21		in the Board and Care Home Act and licensed under the Assisted
22		Living and Shared Housing Act; (ii) assisted living or shared
23		housing establishment as defined in the Assisted Living and
24		Shared Housing Act; (iii) facility licensed under the Nursing

HB4137 Engrossed - 35 - LRB099 07987 AMC 28127 b
1		Home Care Act; (iv) supportive living facility as described in
2		Section 5-5.01a of the Illinois Public Aid Code; (v)
3		free-standing hospice residence licensed under the Hospice
4		Program Licensing Act; or (vi) home services agency licensed
5		under the Home Health, Home Services, and Home Nursing Agency
6		Licensing Act if licensure or certification is required. No
7		public official, agent, or employee may place the name of such
8		a facility on a list of facilities to be circulated to the
9		public, unless the facility is licensed or certified. Use of
10		the Department of Public Health's annual list of licensed
11		facilities shall satisfy compliance with this Section for all
12		facilities licensed or certified by the Illinois Department of
13		Public Health.
14		(Source: P.A. 96-1318, eff. 7-27-10; revised 11-25-14.)
15		Section 60. The Alcoholism and Other Drug Abuse and
16		Dependency Act is amended by changing Section 40-5 as follows:
17		(20 ILCS 301/40-5)
18		Sec. 40-5. Election of treatment. An addict or alcoholic
19		who is charged with or convicted of a crime or any other person
20		charged with or convicted of a misdemeanor violation of the Use
21		of Intoxicating Compounds Act and who has not been previously
22		convicted of a violation of that Act may elect treatment under
23		the supervision of a licensed program designated by the
24		Department, referred to in this Article as "designated

HB4137 Engrossed - 36 - LRB099 07987 AMC 28127 b
1		program", unless:
2		(1) the crime is a crime of violence;
3		(2) the crime is a violation of Section 401(a), 401(b),
4		401(c) where the person electing treatment has been
5		previously convicted of a non-probationable felony or the
6		violation is non-probationable, 401(d) where the violation
7		is non-probationable, 401.1, 402(a), 405 or 407 of the
8		Illinois Controlled Substances Act, or Section 12-7.3 of
9		the Criminal Code of 2012, or Section 4(d), 4(e), 4(f),
10		4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the Cannabis
11		Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4),
12		60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control
13		and Community Protection Act or is otherwise ineligible for
14		probation under Section 70 of the Methamphetamine Control
15		and Community Protection Act;
16		(3) the person has a record of 2 or more convictions of
17		a crime of violence;
18		(4) other criminal proceedings alleging commission of
19		a felony are pending against the person;
20		(5) the person is on probation or parole and the
21		appropriate parole or probation authority does not consent
22		to that election;
23		(6) the person elected and was admitted to a designated
24		program on 2 prior occasions within any consecutive 2-year
25		period;
26		(7) the person has been convicted of residential

HB4137 Engrossed - 37 - LRB099 07987 AMC 28127 b
1		burglary and has a record of one or more felony
2		convictions;
3		(8) the crime is a violation of Section 11-501 of the
4		Illinois Vehicle Code or a similar provision of a local
5		ordinance; or
6		(9) the crime is a reckless homicide or a reckless
7		homicide of an unborn child, as defined in Section 9-3 or
8		9-3.2 of the Criminal Code of 1961 or the Criminal Code of
9		2012, in which the cause of death consists of the driving
10		of a motor vehicle by a person under the influence of
11		alcohol or any other drug or drugs at the time of the
12		violation.
13		Nothing in this Section shall preclude an individual who is
14		charged with or convicted of a crime that is a violation of
15		Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and
16		Community Protection Act, and who is otherwise eligible to make
17		the election provided for under this Section, from being
18		eligible to make an election for treatment as a condition of
19		probation as provided for under this Article.
20		(Source: P.A. 97-889, eff. 1-1-13; 97-1150, eff. 1-25-13;
21		98-896, eff. 1-1-15; 98-1124, eff. 8-26-14; revised 10-1-14.)
22		Section 65. The Children and Family Services Act is amended
23		by changing Section 8 as follows:
24		(20 ILCS 505/8) (from Ch. 23, par. 5008)

HB4137 Engrossed - 38 - LRB099 07987 AMC 28127 b
1		Sec. 8. Scholarships and fee waivers. Each year the
2		Department shall select a minimum of 53 students (at least 4 of
3		whom shall be children of veterans) to receive scholarships and
4		fee waivers which will enable them to attend and complete their
5		post-secondary education at a community college, university,
6		or college. Youth shall be selected from among the youth for
7		whom the Department has court-ordered legal responsibility,
8		youth who aged out of care at age 18 or older, or youth
9		formerly under care who have been adopted or who have been
10		placed in private guardianship. Recipients must have earned a
11		high school diploma from an accredited institution or , a high
12		school equivalency General Education Development certificate
13		or diploma, or have met the State criteria for high school
14		graduation before the start of the school year for which they
15		are applying for the scholarship and waiver. high school
16		equivalency Scholarships and fee waivers shall be available to
17		students for at least 5 years, provided they are continuing to
18		work toward graduation. Unused scholarship dollars and fee
19		waivers shall be reallocated to new recipients. No later than
20		January 1, 2015, the Department shall promulgate rules
21		identifying the criteria for "continuing to work toward
22		graduation", and for reallocating unused scholarships and fee
23		waivers. Selection shall be made on the basis of several
24		factors, including, but not limited to, scholastic record,
25		aptitude, and general interest in higher education. The
26		selection committee shall include at least 2 individuals

HB4137 Engrossed - 39 - LRB099 07987 AMC 28127 b
1		formerly under the care of the Department who have completed
2		their post-secondary education. In accordance with this Act,
3		tuition scholarships and fee waivers shall be available to such
4		students at any university or college maintained by the State
5		of Illinois. The Department shall provide maintenance and
6		school expenses, except tuition and fees, during the academic
7		years to supplement the students' earnings or other resources
8		so long as they consistently maintain scholastic records which
9		are acceptable to their schools and to the Department. Students
10		may attend other colleges and universities, if scholarships are
11		awarded them, and receive the same benefits for maintenance and
12		other expenses as those students attending any Illinois State
13		community college, university, or college under this Section.
14		Beginning with recipients receiving scholarships and waivers
15		in August 2014, the Department shall collect data and report
16		annually to the General Assembly on measures of success,
17		including (i) the number of youth applying for and receiving
18		scholarships, (ii) the percentage of scholarship recipients
19		who complete their college or university degree within 5 years,
20		(iii) the average length of time it takes for scholarship
21		recipients to complete their college or university degree, (iv)
22		the reasons that scholarship recipients are discharged or fail
23		to complete their college or university degree, (v) when
24		available, youths' outcomes 5 years and 10 years after being
25		awarded the scholarships, and (vi) budget allocations for
26		maintenance and school expenses incurred by the Department.

HB4137 Engrossed - 40 - LRB099 07987 AMC 28127 b
1		(Source: P.A. 97-799, eff. 7-13-12; 98-718, eff. 1-1-15;
2		98-805, eff. 1-1-15; revised 10-1-14.)
3		Section 70. The High Speed Internet Services and
4		Information Technology Act is amended by changing Section 30 as
5		follows:
6		(20 ILCS 661/30)
7		Sec. 30. High Speed Internet Services and Information
8		Technology Fund.
9		(a) There is created in the State treasury a special fund
10		to be known as the High Speed Internet Services and Information
11		Technology Fund, to be used, subject to appropriation, by the
12		Department of Commerce and Economic Opportunity Development
13		for purposes of providing grants to the nonprofit organization
14		enlisted under this Act.
15		(b) On the effective date of this Act, $4,000,000 in the
16		Digital Divide Elimination Infrastructure Fund shall be
17		transferred to the High Speed Internet Services and Information
18		Technology Fund. Nothing contained in this subsection (b) shall
19		affect the validity of grants issued with moneys from the
20		Digital Divide Elimination Infrastructure Fund before June 30,
21		2007.
22		(Source: P.A. 95-684, eff. 10-19-07; revised 11-25-14.)
23		Section 75. The Department of Human Services Act is amended

HB4137 Engrossed - 41 - LRB099 07987 AMC 28127 b
1		by changing Section 10-66 as follows:
2		(20 ILCS 1305/10-66)
3		Sec. 10-66. Rate reductions. Rates for medical services
4		purchased by the Divisions of Alcoholism Alcohol and Substance
5		Abuse, Community Health and Prevention, Developmental
6		Disabilities, Mental Health, or Rehabilitation Services within
7		the Department of Human Services shall not be reduced below the
8		rates calculated on April 1, 2011 unless the Department of
9		Human Services promulgates rules and rules are implemented
10		authorizing rate reductions.
11		(Source: P.A. 97-74, eff. 6-30-11; revised 11-25-14.)
12		Section 80. The Mental Health and Developmental
13		Disabilities Administrative Act is amended by changing
14		Sections 15.4 and 18.6 as follows:
15		(20 ILCS 1705/15.4)
16		Sec. 15.4. Authorization for nursing delegation to permit
17		direct care staff to administer medications.
18		(a) This Section applies to (i) all programs for persons
19		with a developmental disability in settings of 16 persons or
20		fewer that are funded or licensed by the Department of Human
21		Services and that distribute or administer medications and (ii)
22		all intermediate care facilities for the developmentally
23		disabled with 16 beds or fewer that are licensed by the

HB4137 Engrossed - 42 - LRB099 07987 AMC 28127 b
1		Department of Public Health. The Department of Human Services
2		shall develop a training program for authorized direct care
3		staff to administer medications under the supervision and
4		monitoring of a registered professional nurse. This training
5		program shall be developed in consultation with professional
6		associations representing (i) physicians licensed to practice
7		medicine in all its branches, (ii) registered professional
8		nurses, and (iii) pharmacists.
9		(b) For the purposes of this Section:
10		"Authorized direct care staff" means non-licensed persons
11		who have successfully completed a medication administration
12		training program approved by the Department of Human Services
13		and conducted by a nurse-trainer. This authorization is
14		specific to an individual receiving service in a specific
15		agency and does not transfer to another agency.
16		"Medications" means oral and topical medications, insulin
17		in an injectable form, oxygen, epinephrine auto-injectors, and
18		vaginal and rectal creams and suppositories. "Oral" includes
19		inhalants and medications administered through enteral tubes,
20		utilizing aseptic technique. "Topical" includes eye, ear, and
21		nasal medications. Any controlled substances must be packaged
22		specifically for an identified individual.
23		"Insulin in an injectable form" means a subcutaneous
24		injection via an insulin pen pre-filled by the manufacturer.
25		Authorized direct care staff may administer insulin, as ordered
26		by a physician, advanced practice nurse, or physician

HB4137 Engrossed - 43 - LRB099 07987 AMC 28127 b
1		assistant, if: (i) the staff has successfully completed a
2		Department-approved advanced training program specific to
3		insulin administration developed in consultation with
4		professional associations listed in subsection (a) of this
5		Section, and (ii) the staff consults with the registered nurse,
6		prior to administration, of any insulin dose that is determined
7		based on a blood glucose test result. The authorized direct
8		care staff shall not: (i) calculate the insulin dosage needed
9		when the dose is dependent upon a blood glucose test result, or
10		(ii) administer insulin to individuals who require blood
11		glucose monitoring greater than 3 times daily, unless directed
12		to do so by the registered nurse.
13		"Nurse-trainer training program" means a standardized,
14		competency-based medication administration train-the-trainer
15		program provided by the Department of Human Services and
16		conducted by a Department of Human Services master
17		nurse-trainer for the purpose of training nurse-trainers to
18		train persons employed or under contract to provide direct care
19		or treatment to individuals receiving services to administer
20		medications and provide self-administration of medication
21		training to individuals under the supervision and monitoring of
22		the nurse-trainer. The program incorporates adult learning
23		styles, teaching strategies, classroom management, and a
24		curriculum overview, including the ethical and legal aspects of
25		supervising those administering medications.
26		"Self-administration of medications" means an individual

HB4137 Engrossed - 44 - LRB099 07987 AMC 28127 b
1		administers his or her own medications. To be considered
2		capable to self-administer their own medication, individuals
3		must, at a minimum, be able to identify their medication by
4		size, shape, or color, know when they should take the
5		medication, and know the amount of medication to be taken each
6		time.
7		"Training program" means a standardized medication
8		administration training program approved by the Department of
9		Human Services and conducted by a registered professional nurse
10		for the purpose of training persons employed or under contract
11		to provide direct care or treatment to individuals receiving
12		services to administer medications and provide
13		self-administration of medication training to individuals
14		under the delegation and supervision of a nurse-trainer. The
15		program incorporates adult learning styles, teaching
16		strategies, classroom management, curriculum overview,
17		including ethical-legal aspects, and standardized
18		competency-based evaluations on administration of medications
19		and self-administration of medication training programs.
20		(c) Training and authorization of non-licensed direct care
21		staff by nurse-trainers must meet the requirements of this
22		subsection.
23		(1) Prior to training non-licensed direct care staff to
24		administer medication, the nurse-trainer shall perform the
25		following for each individual to whom medication will be
26		administered by non-licensed direct care staff:

HB4137 Engrossed - 45 - LRB099 07987 AMC 28127 b
1		(A) An assessment of the individual's health
2		history and physical and mental status.
3		(B) An evaluation of the medications prescribed.
4		(2) Non-licensed authorized direct care staff shall
5		meet the following criteria:
6		(A) Be 18 years of age or older.
7		(B) Have completed high school or have a high
8		school equivalency certificate.
9		(C) Have demonstrated functional literacy.
10		(D) Have satisfactorily completed the Health and
11		Safety component of a Department of Human Services
12		authorized direct care staff training program.
13		(E) Have successfully completed the training
14		program, pass the written portion of the comprehensive
15		exam, and score 100% on the competency-based
16		assessment specific to the individual and his or her
17		medications.
18		(F) Have received additional competency-based
19		assessment by the nurse-trainer as deemed necessary by
20		the nurse-trainer whenever a change of medication
21		occurs or a new individual that requires medication
22		administration enters the program.
23		(3) Authorized direct care staff shall be re-evaluated
24		by a nurse-trainer at least annually or more frequently at
25		the discretion of the registered professional nurse. Any
26		necessary retraining shall be to the extent that is

HB4137 Engrossed - 46 - LRB099 07987 AMC 28127 b
1		necessary to ensure competency of the authorized direct
2		care staff to administer medication.
3		(4) Authorization of direct care staff to administer
4		medication shall be revoked if, in the opinion of the
5		registered professional nurse, the authorized direct care
6		staff is no longer competent to administer medication.
7		(5) The registered professional nurse shall assess an
8		individual's health status at least annually or more
9		frequently at the discretion of the registered
10		professional nurse.
11		(d) Medication self-administration shall meet the
12		following requirements:
13		(1) As part of the normalization process, in order for
14		each individual to attain the highest possible level of
15		independent functioning, all individuals shall be
16		permitted to participate in their total health care
17		program. This program shall include, but not be limited to,
18		individual training in preventive health and
19		self-medication procedures.
20		(A) Every program shall adopt written policies and
21		procedures for assisting individuals in obtaining
22		preventative health and self-medication skills in
23		consultation with a registered professional nurse,
24		advanced practice nurse, physician assistant, or
25		physician licensed to practice medicine in all its
26		branches.

HB4137 Engrossed - 47 - LRB099 07987 AMC 28127 b
1		(B) Individuals shall be evaluated to determine
2		their ability to self-medicate by the nurse-trainer
3		through the use of the Department's required,
4		standardized screening and assessment instruments.
5		(C) When the results of the screening and
6		assessment indicate an individual not to be capable to
7		self-administer his or her own medications, programs
8		shall be developed in consultation with the Community
9		Support Team or Interdisciplinary Team to provide
10		individuals with self-medication administration.
11		(2) Each individual shall be presumed to be competent
12		to self-administer medications if:
13		(A) authorized by an order of a physician licensed
14		to practice medicine in all its branches; and
15		(B) approved to self-administer medication by the
16		individual's Community Support Team or
17		Interdisciplinary Team, which includes a registered
18		professional nurse or an advanced practice nurse.
19		(e) Quality Assurance.
20		(1) A registered professional nurse, advanced practice
21		nurse, licensed practical nurse, physician licensed to
22		practice medicine in all its branches, physician
23		assistant, or pharmacist shall review the following for all
24		individuals:
25		(A) Medication orders.
26		(B) Medication labels, including medications

HB4137 Engrossed - 48 - LRB099 07987 AMC 28127 b
1		listed on the medication administration record for
2		persons who are not self-medicating to ensure the
3		labels match the orders issued by the physician
4		licensed to practice medicine in all its branches,
5		advanced practice nurse, or physician assistant.
6		(C) Medication administration records for persons
7		who are not self-medicating to ensure that the records
8		are completed appropriately for:
9		(i) medication administered as prescribed;
10		(ii) refusal by the individual; and
11		(iii) full signatures provided for all
12		initials used.
13		(2) Reviews shall occur at least quarterly, but may be
14		done more frequently at the discretion of the registered
15		professional nurse or advanced practice nurse.
16		(3) A quality assurance review of medication errors and
17		data collection for the purpose of monitoring and
18		recommending corrective action shall be conducted within 7
19		days and included in the required annual review.
20		(f) Programs using authorized direct care staff to
21		administer medications are responsible for documenting and
22		maintaining records on the training that is completed.
23		(g) The absence of this training program constitutes a
24		threat to the public interest, safety, and welfare and
25		necessitates emergency rulemaking by the Departments of Human
26		Services and Public Health under Section 5-45 of the Illinois

HB4137 Engrossed - 49 - LRB099 07987 AMC 28127 b
1		Administrative Procedure Act.
2		(h) Direct care staff who fail to qualify for delegated
3		authority to administer medications pursuant to the provisions
4		of this Section shall be given additional education and testing
5		to meet criteria for delegation authority to administer
6		medications. Any direct care staff person who fails to qualify
7		as an authorized direct care staff after initial training and
8		testing must within 3 months be given another opportunity for
9		retraining and retesting. A direct care staff person who fails
10		to meet criteria for delegated authority to administer
11		medication, including, but not limited to, failure of the
12		written test on 2 occasions shall be given consideration for
13		shift transfer or reassignment, if possible. No employee shall
14		be terminated for failure to qualify during the 3-month time
15		period following initial testing. Refusal to complete training
16		and testing required by this Section may be grounds for
17		immediate dismissal.
18		(i) No authorized direct care staff person delegated to
19		administer medication shall be subject to suspension or
20		discharge for errors resulting from the staff person's acts or
21		omissions when performing the functions unless the staff
22		person's actions or omissions constitute willful and wanton
23		conduct. Nothing in this subsection is intended to supersede
24		paragraph (4) of subsection (c).
25		(j) A registered professional nurse, advanced practice
26		nurse, physician licensed to practice medicine in all its

HB4137 Engrossed - 50 - LRB099 07987 AMC 28127 b
1		branches, or physician assistant shall be on duty or on call at
2		all times in any program covered by this Section.
3		(k) The employer shall be responsible for maintaining
4		liability insurance for any program covered by this Section.
5		(l) Any direct care staff person who qualifies as
6		authorized direct care staff pursuant to this Section shall be
7		granted consideration for a one-time additional salary
8		differential. The Department shall determine and provide the
9		necessary funding for the differential in the base. This
10		subsection (l) is inoperative on and after June 30, 2000.
11		(Source: P.A. 98-718, eff. 1-1-15; 98-901, eff. 8-15-14;
12		revised 10-2-14.)
13		(20 ILCS 1705/18.6)
14		(Section scheduled to be repealed on December 31, 2019)
15		Sec. 18.6. Mental Health Services Strategic Planning Task
16		Force.
17		(a) Task Force. The Mental Health Services Strategic
18		Planning Task Force is created.
19		(b) Meeting. The Task Force shall be appointed and hold its
20		first meeting within 90 days after the effective date of this
21		amendatory Act of the 97th General Assembly.
22		(c) Composition. The Task Force shall be comprised of the
23		following members:
24		(1) Two members of the Senate appointed by the
25		President of the Senate and 2 members of the Senate

HB4137 Engrossed - 51 - LRB099 07987 AMC 28127 b
1		appointed by the Minority Leader of the Senate.
2		(2) Two members of the House of Representatives
3		appointed by the Speaker of the House of Representatives
4		and 2 members of the House of Representatives appointed by
5		the Minority Leader of the House of Representatives.
6		(3) One representative of the Division of Mental Health
7		within the Department of Human Services.
8		(4) One representative of the Department of Healthcare
9		and Family Services.
10		(5) One representative of the Bureau of Long Term Care
11		within the Department of Public Health.
12		(6) One representative of the Illinois Children's
13		Mental Health Partnership.
14		(7) Six representatives of the mental health providers
15		and community stakeholders selected from names submitted
16		by associates representing the various types of providers.
17		(8) Three representatives of the consumer community
18		including a primary consumer, secondary consumer, and a
19		representative of a mental health consumer advocacy
20		organization.
21		(9) An individual from a union representing State
22		employees providing services to persons with mental
23		illness.
24		(10) One academic specialist in mental health
25		outcomes, research, and evidence-based practices.
26		(d) Duty. The Task Force shall meet with the Office of the

HB4137 Engrossed - 52 - LRB099 07987 AMC 28127 b
1		Governor and the appropriate legislative committees on mental
2		health to develop a 5-year comprehensive strategic plan for the
3		State's mental health services. The plan shall address the
4		following topics:
5		(1) Provide sufficient home and community-based
6		services to give consumers real options in care settings.
7		(2) Improve access to care.
8		(3) Reduce regulatory redundancy.
9		(4) Maintain financial viability for providers in a
10		cost-effective manner to the State.
11		(5) Ensure care is effective, efficient, and
12		appropriate regardless of the setting in which it is
13		provided.
14		(6) Ensure quality of care in all care settings via the
15		use of appropriate clinical outcomes.
16		(7) Ensure hospitalizations and institutional care,
17		when necessary, is available to meet demand now and in the
18		future.
19		(e) The Task Force shall work in conjunction with the
20		Department of Human Services' Division of Developmental
21		Disabilities to ensure effective treatment for those dually
22		diagnosed with both mental illness and developmental
23		disabilities. The Task Force shall also work in conjunction
24		with the Department of Human Services' Division of Alcoholism
25		Alcohol and Substance Abuse to ensure effective treatment for
26		those who are dually diagnosed with both mental illness as well

HB4137 Engrossed - 53 - LRB099 07987 AMC 28127 b
1		as substance abuse challenges.
2		(f) Compensation. Members of the Task Force shall not
3		receive compensation nor reimbursement for necessary expenses
4		incurred in performing the duties associated with the Task
5		Force.
6		(g) Reporting. The Task Force shall present its plan to the
7		Governor and the General Assembly no later than 18 months after
8		the effective date of the amendatory Act of the 97th General
9		Assembly. With its approval and authorization, and subject to
10		appropriation, the Task Force shall convene quarterly meetings
11		during the implementation of the 5-year strategic plan to
12		monitor progress, review outcomes, and make ongoing
13		recommendations. These ongoing recommendations shall be
14		presented to the Governor and the General Assembly for
15		feedback, suggestions, support, and approval. Within one year
16		after recommendations are presented to the Governor and the
17		General Assembly, the General Assembly shall vote on whether
18		the recommendations should become law.
19		(h) Administrative support. The Department of Human
20		Services shall provide administrative and staff support to the
21		Task Force.
22		(i) This Section is repealed on December 31, 2019.
23		(Source: P.A. 97-438, eff. 8-18-11; revised 11-25-14.)
24		Section 85. The Department of Public Health Act is amended
25		by changing Section 2.1 as follows:

HB4137 Engrossed - 54 - LRB099 07987 AMC 28127 b
1		(20 ILCS 2305/2.1)
2		Sec. 2.1. Information sharing.
3		(a) Whenever a State or local law enforcement authority
4		learns of a case of an illness, health condition, or unusual
5		disease or symptom cluster, reportable pursuant to rules
6		adopted by the Department or by a local board of health or
7		local public health authority, or a suspicious event that may
8		be the cause of or related to a public health emergency, as
9		that term is defined in Section 4 of the Illinois Emergency
10		Management Agency Act, it shall immediately notify the Illinois
11		Emergency Management Agency and the Department or local board
12		of health or local public health authority.
13		(b) Whenever the Department or a local board of health or
14		local public health authority learns of a case of an illness,
15		health condition, or unusual disease or symptom cluster,
16		reportable pursuant to rules adopted by the Department or by a
17		local board of health or a local public health authority, or a
18		suspicious event that it reasonably believes has the potential
19		to be the cause of or related to a public health emergency, as
20		that term is defined in Section 4 of the Illinois Emergency
21		Management Agency Act, it shall immediately notify the Illinois
22		Emergency Management Agency, the appropriate State and local
23		law enforcement authorities, other appropriate State agencies,
24		and federal health and law enforcement authorities and, after
25		that notification, it shall provide law enforcement

HB4137 Engrossed - 55 - LRB099 07987 AMC 28127 b
1		authorities with such other information as law enforcement
2		authorities may request for the purpose of conducting a
3		criminal investigation or a criminal prosecution of or arising
4		out of that matter. No information containing the identity or
5		tending to reveal the identity of any person may be redisclosed
6		by law enforcement, except in a prosecution of that person for
7		the commission of a crime.
8		(c) Sharing of information on reportable illnesses, health
9		conditions, unusual disease or symptom clusters, or suspicious
10		events between and among public health and law enforcement
11		authorities shall be restricted to the information necessary
12		for the treatment in response to, control of, investigation of,
13		and prevention of a public health emergency, as that term is
14		defined in Section 4 of the Illinois Emergency Management
15		Agency Act, or for criminal investigation or criminal
16		prosecution of or arising out of that matter.
17		(d) The operation of the language of this Section is not
18		dependent upon a declaration of disaster by the Governor
19		pursuant to the Illinois Emergency Management Agency Act.
20		(Source: P.A. 93-829, eff. 7-28-04; revised 11-25-14.)
21		Section 90. The Illinois Commission on Volunteerism and
22		Community Service Act is amended by changing Section 6.1 as
23		follows:
24		(20 ILCS 2330/6.1) (was 20 ILCS 710/6.1)

HB4137 Engrossed - 56 - LRB099 07987 AMC 28127 b
1		Sec. 6.1. Functions of Commission. The Commission shall
2		meet at least quarterly and shall advise and consult with the
3		Department of Public Health and the Governor's Office on all
4		matters relating to community service in Illinois. In addition,
5		the Commission shall have the following duties:
6		(a) prepare a 3-year State service plan, developed
7		through an open, public process and updated annually;
8		(b) prepare the financial assistance applications of
9		the State under the National and Community Service Trust
10		Fund Act of 1993, as amended by the Serve America Act;
11		(c) assist in the preparation of the application by the
12		State Board of Education for assistance under that Act;
13		(d) prepare the State's application under that Act for
14		the approval of national service positions;
15		(e) assist in the provision of health care and child
16		care benefits under that Act;
17		(f) develop a State recruitment, placement, and
18		information dissemination system for participants in
19		programs that receive assistance under the national
20		service laws;
21		(g) administer the State's grant program including
22		selection, oversight, and evaluation of grant recipients;
23		(h) make technical assistance available to enable
24		applicants to plan and implement service programs and to
25		apply for assistance under the national service laws;
26		(i) develop projects, training methods, curriculum

HB4137 Engrossed - 57 - LRB099 07987 AMC 28127 b
1		materials, and other activities related to service;
2		(j) coordinate its functions with any division of the
3		federal Corporation for National and Community Service
4		outlined in the National and Community Service Trust Fund
5		Act of 1993, as amended by the Serve America Act; .
6		(k) publicize Commission services and promote
7		community involvement in the activities of the Commission;
8		(l) promote increased visibility and support for
9		volunteers of all ages, especially youth and senior
10		citizens, and community service in meeting the needs of
11		Illinois residents; and
12		(m) represent the Department of Public Health and the
13		Governor's Office on such occasions and in such manner as
14		the Department may provide.
15		(Source: P.A. 98-692, eff. 7-1-14; revised 11-25-14.)
16		Section 95. The Blind Vendors Act is amended by changing
17		Section 30 as follows:
18		(20 ILCS 2421/30)
19		Sec. 30. Vending machine income and compliance.
20		(a) Except as provided in subsections (b), (c), (d), (e),
21		and (i) of this Section, after July 1, 2010, all vending
22		machine income, as defined by this Act, from vending machines
23		on State property shall accrue to (1) the blind vendor
24		operating the vending facilities on the property or (2) in the

HB4137 Engrossed - 58 - LRB099 07987 AMC 28127 b
1		event there is no blind vendor operating a facility on the
2		property, the Blind Vendors Trust Fund for use exclusively as
3		set forth in subsection (a) of Section 25 of this Act.
4		(b) Notwithstanding the provisions of subsection (a) of
5		this Section, all State university cafeterias and vending
6		machines are exempt from this Act.
7		(c) Notwithstanding the provisions of subsection (a) of
8		this Section, all vending facilities at the Governor Samuel H.
9		Shapiro Developmental Center in Kankakee are exempt from this
10		Act.
11		(d) Notwithstanding the provisions of subsection (a) of
12		this Section, in the event there is no blind vendor operating a
13		vending facility on the State property, all vending machine
14		income, as defined in this Act, from vending machines on the
15		State property of the Department of Corrections and the
16		Department of Juvenile Justice shall accrue to the State agency
17		and be allocated in accordance with the commissary provisions
18		in the Unified Code of Corrections.
19		(e) Notwithstanding the provisions of subsection (a) of
20		this Section, in the event a blind vendor is operating a
21		vending facility on the State property of the Department of or
22		Corrections or the Department of Juvenile Justice, a commission
23		shall be paid to the State agency equal to 10% of the net
24		proceeds from vending machines servicing State employees and
25		25% of the net proceeds from vending machines servicing
26		visitors on the State property.

HB4137 Engrossed - 59 - LRB099 07987 AMC 28127 b
1		(f) The Secretary, directly or by delegation of authority,
2		shall ensure compliance with this Section and Section 15 of
3		this Act with respect to buildings, installations, facilities,
4		roadside rest stops, and any other State property, and shall be
5		responsible for the collection of, and accounting for, all
6		vending machine income on this property. The Secretary shall
7		enforce these provisions through litigation, arbitration, or
8		any other legal means available to the State, and each State
9		agency in control of this property shall be subject to the
10		enforcement. State agencies or departments failing to comply
11		with an order of the Department may be held in contempt in any
12		court of general jurisdiction.
13		(g) Any limitation on the placement or operation of a
14		vending machine by a State agency based on a determination that
15		such placement or operation would adversely affect the
16		interests of the State must be explained in writing to the
17		Secretary. The Secretary shall promptly determine whether the
18		limitation is justified. If the Secretary determines that the
19		limitation is not justified, the State agency seeking the
20		limitation shall immediately remove the limitation.
21		(h) The amount of vending machine income accruing from
22		vending machines on State property that may be used for the
23		functions of the Committee shall be determined annually by a
24		two-thirds vote of the Committee, except that no more than 25%
25		of the annual vending machine income may be used by the
26		Committee for this purpose, based upon the income accruing to

HB4137 Engrossed - 60 - LRB099 07987 AMC 28127 b
1		the Blind Vendors Trust Fund in the preceding year. The
2		Committee may establish its budget and expend funds through
3		contract or otherwise without the approval of the Department.
4		(i) Notwithstanding the provisions of subsection (a) of
5		this Section, with respect to vending machines located on any
6		facility or property controlled or operated by the Division of
7		Mental Health or the Division of Developmental Disabilities
8		within the Department of Human Services:
9		(1) Any written contract in place as of the effective
10		date of this Act between the Division and the Business
11		Enterprise Program for the Blind shall be maintained and
12		fully adhered to including any moneys paid to the
13		individual facilities.
14		(2) With respect to existing vending machines with no
15		written contract or agreement in place as of the effective
16		date of this Act between the Division and a private vendor,
17		bottler, or vending machine supplier, the Business
18		Enterprise Program for the Blind has the right to provide
19		the vending services as provided in this Act, provided that
20		the blind vendor must provide 10% of gross sales from those
21		machines to the individual facilities.
22		(Source: P.A. 96-644, eff. 1-1-10; revised 11-25-14.)
23		Section 100. The Criminal Identification Act is amended by
24		changing Sections 4.5 and 5.2 as follows:

HB4137 Engrossed - 61 - LRB099 07987 AMC 28127 b
1		(20 ILCS 2630/4.5)
2		Sec. 4.5. Ethnic and racial data collection.
3		(a) Ethnic and racial data for every adult or juvenile
4		arrested shall be collected at the following points of contact
5		by the entity identified in this subsection or another entity
6		authorized and qualified to collect and report on this data:
7		(1) at arrest or booking, by the supervising law
8		enforcement agency;
9		(2) upon admittance to the Department of Corrections,
10		by the Department of Corrections;
11		(3) upon admittance to the Department of Juvenile
12		Justice, by the Department of Juvenile Justice; and
13		(4) (3) upon transfer from the Department of Juvenile
14		Justice to the Department of Corrections, by the Department
15		of Juvenile Justice.
16		(b) Ethnic and racial data shall be collected through
17		selection of one of the following categories:
18		(1) American Indian or Alaskan Native;
19		(2) Asian or Pacific Islander;
20		(3) Black or African American;
21		(4) White or Caucasian;
22		(5) Hispanic or Latino; or
23		(6) Unknown.
24		(c) The collecting entity shall make a good-faith effort to
25		collect race and ethnicity information as self-reported by the
26		adult or juvenile. If the adult or juvenile is unable or

HB4137 Engrossed - 62 - LRB099 07987 AMC 28127 b
1		unwilling to provide race and ethnicity information, the
2		collecting entity shall make a good-faith effort to deduce the
3		race and ethnicity of the adult or juvenile.
4		(Source: P.A. 98-528, eff. 1-1-15; revised 11-25-14.)
5		(20 ILCS 2630/5.2)
6		Sec. 5.2. Expungement and sealing.
7		(a) General Provisions.
8		(1) Definitions. In this Act, words and phrases have
9		the meanings set forth in this subsection, except when a
10		particular context clearly requires a different meaning.
11		(A) The following terms shall have the meanings
12		ascribed to them in the Unified Code of Corrections,
13		730 ILCS 5/5-1-2 through 5/5-1-22:
14		(i) Business Offense (730 ILCS 5/5-1-2),
15		(ii) Charge (730 ILCS 5/5-1-3),
16		(iii) Court (730 ILCS 5/5-1-6),
17		(iv) Defendant (730 ILCS 5/5-1-7),
18		(v) Felony (730 ILCS 5/5-1-9),
19		(vi) Imprisonment (730 ILCS 5/5-1-10),
20		(vii) Judgment (730 ILCS 5/5-1-12),
21		(viii) Misdemeanor (730 ILCS 5/5-1-14),
22		(ix) Offense (730 ILCS 5/5-1-15),
23		(x) Parole (730 ILCS 5/5-1-16),
24		(xi) Petty Offense (730 ILCS 5/5-1-17),
25		(xii) Probation (730 ILCS 5/5-1-18),

HB4137 Engrossed - 63 - LRB099 07987 AMC 28127 b
1		(xiii) Sentence (730 ILCS 5/5-1-19),
2		(xiv) Supervision (730 ILCS 5/5-1-21), and
3		(xv) Victim (730 ILCS 5/5-1-22).
4		(B) As used in this Section, "charge not initiated
5		by arrest" means a charge (as defined by 730 ILCS
6		5/5-1-3) brought against a defendant where the
7		defendant is not arrested prior to or as a direct
8		result of the charge.
9		(C) "Conviction" means a judgment of conviction or
10		sentence entered upon a plea of guilty or upon a
11		verdict or finding of guilty of an offense, rendered by
12		a legally constituted jury or by a court of competent
13		jurisdiction authorized to try the case without a jury.
14		An order of supervision successfully completed by the
15		petitioner is not a conviction. An order of qualified
16		probation (as defined in subsection (a)(1)(J))
17		successfully completed by the petitioner is not a
18		conviction. An order of supervision or an order of
19		qualified probation that is terminated
20		unsatisfactorily is a conviction, unless the
21		unsatisfactory termination is reversed, vacated, or
22		modified and the judgment of conviction, if any, is
23		reversed or vacated.
24		(D) "Criminal offense" means a petty offense,
25		business offense, misdemeanor, felony, or municipal
26		ordinance violation (as defined in subsection

HB4137 Engrossed - 64 - LRB099 07987 AMC 28127 b
1		(a)(1)(H)). As used in this Section, a minor traffic
2		offense (as defined in subsection (a)(1)(G)) shall not
3		be considered a criminal offense.
4		(E) "Expunge" means to physically destroy the
5		records or return them to the petitioner and to
6		obliterate the petitioner's name from any official
7		index or public record, or both. Nothing in this Act
8		shall require the physical destruction of the circuit
9		court file, but such records relating to arrests or
10		charges, or both, ordered expunged shall be impounded
11		as required by subsections (d)(9)(A)(ii) and
12		(d)(9)(B)(ii).
13		(F) As used in this Section, "last sentence" means
14		the sentence, order of supervision, or order of
15		qualified probation (as defined by subsection
16		(a)(1)(J)), for a criminal offense (as defined by
17		subsection (a)(1)(D)) that terminates last in time in
18		any jurisdiction, regardless of whether the petitioner
19		has included the criminal offense for which the
20		sentence or order of supervision or qualified
21		probation was imposed in his or her petition. If
22		multiple sentences, orders of supervision, or orders
23		of qualified probation terminate on the same day and
24		are last in time, they shall be collectively considered
25		the "last sentence" regardless of whether they were
26		ordered to run concurrently.

HB4137 Engrossed - 65 - LRB099 07987 AMC 28127 b
1		(G) "Minor traffic offense" means a petty offense,
2		business offense, or Class C misdemeanor under the
3		Illinois Vehicle Code or a similar provision of a
4		municipal or local ordinance.
5		(H) "Municipal ordinance violation" means an
6		offense defined by a municipal or local ordinance that
7		is criminal in nature and with which the petitioner was
8		charged or for which the petitioner was arrested and
9		released without charging.
10		(I) "Petitioner" means an adult or a minor
11		prosecuted as an adult who has applied for relief under
12		this Section.
13		(J) "Qualified probation" means an order of
14		probation under Section 10 of the Cannabis Control Act,
15		Section 410 of the Illinois Controlled Substances Act,
16		Section 70 of the Methamphetamine Control and
17		Community Protection Act, Section 5-6-3.3 or 5-6-3.4
18		of the Unified Code of Corrections, Section
19		12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
20		those provisions existed before their deletion by
21		Public Act 89-313), Section 10-102 of the Illinois
22		Alcoholism and Other Drug Dependency Act, Section
23		40-10 of the Alcoholism and Other Drug Abuse and
24		Dependency Act, or Section 10 of the Steroid Control
25		Act. For the purpose of this Section, "successful
26		completion" of an order of qualified probation under

HB4137 Engrossed - 66 - LRB099 07987 AMC 28127 b
1		Section 10-102 of the Illinois Alcoholism and Other
2		Drug Dependency Act and Section 40-10 of the Alcoholism
3		and Other Drug Abuse and Dependency Act means that the
4		probation was terminated satisfactorily and the
5		judgment of conviction was vacated.
6		(K) "Seal" means to physically and electronically
7		maintain the records, unless the records would
8		otherwise be destroyed due to age, but to make the
9		records unavailable without a court order, subject to
10		the exceptions in Sections 12 and 13 of this Act. The
11		petitioner's name shall also be obliterated from the
12		official index required to be kept by the circuit court
13		clerk under Section 16 of the Clerks of Courts Act, but
14		any index issued by the circuit court clerk before the
15		entry of the order to seal shall not be affected.
16		(L) "Sexual offense committed against a minor"
17		includes but is not limited to the offenses of indecent
18		solicitation of a child or criminal sexual abuse when
19		the victim of such offense is under 18 years of age.
20		(M) "Terminate" as it relates to a sentence or
21		order of supervision or qualified probation includes
22		either satisfactory or unsatisfactory termination of
23		the sentence, unless otherwise specified in this
24		Section.
25		(2) Minor Traffic Offenses. Orders of supervision or
26		convictions for minor traffic offenses shall not affect a

HB4137 Engrossed - 67 - LRB099 07987 AMC 28127 b
1		petitioner's eligibility to expunge or seal records
2		pursuant to this Section.
3		(3) Exclusions. Except as otherwise provided in
4		subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
5		of this Section, the court shall not order:
6		(A) the sealing or expungement of the records of
7		arrests or charges not initiated by arrest that result
8		in an order of supervision for or conviction of: (i)
9		any sexual offense committed against a minor; (ii)
10		Section 11-501 of the Illinois Vehicle Code or a
11		similar provision of a local ordinance; or (iii)
12		Section 11-503 of the Illinois Vehicle Code or a
13		similar provision of a local ordinance, unless the
14		arrest or charge is for a misdemeanor violation of
15		subsection (a) of Section 11-503 or a similar provision
16		of a local ordinance, that occurred prior to the
17		offender reaching the age of 25 years and the offender
18		has no other conviction for violating Section 11-501 or
19		11-503 of the Illinois Vehicle Code or a similar
20		provision of a local ordinance.
21		(B) the sealing or expungement of records of minor
22		traffic offenses (as defined in subsection (a)(1)(G)),
23		unless the petitioner was arrested and released
24		without charging.
25		(C) the sealing of the records of arrests or
26		charges not initiated by arrest which result in an

HB4137 Engrossed - 68 - LRB099 07987 AMC 28127 b
1		order of supervision or a conviction for the following
2		offenses:
3		(i) offenses included in Article 11 of the
4		Criminal Code of 1961 or the Criminal Code of 2012
5		or a similar provision of a local ordinance, except
6		Section 11-14 of the Criminal Code of 1961 or the
7		Criminal Code of 2012, or a similar provision of a
8		local ordinance;
9		(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
10		26-5, or 48-1 of the Criminal Code of 1961 or the
11		Criminal Code of 2012, or a similar provision of a
12		local ordinance;
13		(iii) Sections 12-3.1 or 12-3.2 of the
14		Criminal Code of 1961 or the Criminal Code of 2012,
15		or Section 125 of the Stalking No Contact Order
16		Act, or Section 219 of the Civil No Contact Order
17		Act, or a similar provision of a local ordinance;
18		(iv) offenses which are Class A misdemeanors
19		under the Humane Care for Animals Act; or
20		(v) any offense or attempted offense that
21		would subject a person to registration under the
22		Sex Offender Registration Act.
23		(D) the sealing of the records of an arrest which
24		results in the petitioner being charged with a felony
25		offense or records of a charge not initiated by arrest
26		for a felony offense unless:

HB4137 Engrossed - 69 - LRB099 07987 AMC 28127 b
1		(i) the charge is amended to a misdemeanor and
2		is otherwise eligible to be sealed pursuant to
3		subsection (c);
4		(ii) the charge is brought along with another
5		charge as a part of one case and the charge results
6		in acquittal, dismissal, or conviction when the
7		conviction was reversed or vacated, and another
8		charge brought in the same case results in a
9		disposition for a misdemeanor offense that is
10		eligible to be sealed pursuant to subsection (c) or
11		a disposition listed in paragraph (i), (iii), or
12		(iv) of this subsection;
13		(iii) the charge results in first offender
14		probation as set forth in subsection (c)(2)(E);
15		(iv) the charge is for a felony offense listed
16		in subsection (c)(2)(F) or the charge is amended to
17		a felony offense listed in subsection (c)(2)(F);
18		(v) the charge results in acquittal,
19		dismissal, or the petitioner's release without
20		conviction; or
21		(vi) the charge results in a conviction, but
22		the conviction was reversed or vacated.
23		(b) Expungement.
24		(1) A petitioner may petition the circuit court to
25		expunge the records of his or her arrests and charges not
26		initiated by arrest when:

HB4137 Engrossed - 70 - LRB099 07987 AMC 28127 b
1		(A) He or she has never been convicted of a
2		criminal offense; and
3		(B) Each arrest or charge not initiated by arrest
4		sought to be expunged resulted in: (i) acquittal,
5		dismissal, or the petitioner's release without
6		charging, unless excluded by subsection (a)(3)(B);
7		(ii) a conviction which was vacated or reversed, unless
8		excluded by subsection (a)(3)(B); (iii) an order of
9		supervision and such supervision was successfully
10		completed by the petitioner, unless excluded by
11		subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
12		qualified probation (as defined in subsection
13		(a)(1)(J)) and such probation was successfully
14		completed by the petitioner.
15		(2) Time frame for filing a petition to expunge.
16		(A) When the arrest or charge not initiated by
17		arrest sought to be expunged resulted in an acquittal,
18		dismissal, the petitioner's release without charging,
19		or the reversal or vacation of a conviction, there is
20		no waiting period to petition for the expungement of
21		such records.
22		(B) When the arrest or charge not initiated by
23		arrest sought to be expunged resulted in an order of
24		supervision, successfully completed by the petitioner,
25		the following time frames will apply:
26		(i) Those arrests or charges that resulted in

HB4137 Engrossed - 71 - LRB099 07987 AMC 28127 b
1		orders of supervision under Section 3-707, 3-708,
2		3-710, or 5-401.3 of the Illinois Vehicle Code or a
3		similar provision of a local ordinance, or under
4		Section 11-1.50, 12-3.2, or 12-15 of the Criminal
5		Code of 1961 or the Criminal Code of 2012, or a
6		similar provision of a local ordinance, shall not
7		be eligible for expungement until 5 years have
8		passed following the satisfactory termination of
9		the supervision.
10		(i-5) Those arrests or charges that resulted
11		in orders of supervision for a misdemeanor
12		violation of subsection (a) of Section 11-503 of
13		the Illinois Vehicle Code or a similar provision of
14		a local ordinance, that occurred prior to the
15		offender reaching the age of 25 years and the
16		offender has no other conviction for violating
17		Section 11-501 or 11-503 of the Illinois Vehicle
18		Code or a similar provision of a local ordinance
19		shall not be eligible for expungement until the
20		petitioner has reached the age of 25 years.
21		(ii) Those arrests or charges that resulted in
22		orders of supervision for any other offenses shall
23		not be eligible for expungement until 2 years have
24		passed following the satisfactory termination of
25		the supervision.
26		(C) When the arrest or charge not initiated by

HB4137 Engrossed - 72 - LRB099 07987 AMC 28127 b
1		arrest sought to be expunged resulted in an order of
2		qualified probation, successfully completed by the
3		petitioner, such records shall not be eligible for
4		expungement until 5 years have passed following the
5		satisfactory termination of the probation.
6		(3) Those records maintained by the Department for
7		persons arrested prior to their 17th birthday shall be
8		expunged as provided in Section 5-915 of the Juvenile Court
9		Act of 1987.
10		(4) Whenever a person has been arrested for or
11		convicted of any offense, in the name of a person whose
12		identity he or she has stolen or otherwise come into
13		possession of, the aggrieved person from whom the identity
14		was stolen or otherwise obtained without authorization,
15		upon learning of the person having been arrested using his
16		or her identity, may, upon verified petition to the chief
17		judge of the circuit wherein the arrest was made, have a
18		court order entered nunc pro tunc by the Chief Judge to
19		correct the arrest record, conviction record, if any, and
20		all official records of the arresting authority, the
21		Department, other criminal justice agencies, the
22		prosecutor, and the trial court concerning such arrest, if
23		any, by removing his or her name from all such records in
24		connection with the arrest and conviction, if any, and by
25		inserting in the records the name of the offender, if known
26		or ascertainable, in lieu of the aggrieved's name. The

HB4137 Engrossed - 73 - LRB099 07987 AMC 28127 b
1		records of the circuit court clerk shall be sealed until
2		further order of the court upon good cause shown and the
3		name of the aggrieved person obliterated on the official
4		index required to be kept by the circuit court clerk under
5		Section 16 of the Clerks of Courts Act, but the order shall
6		not affect any index issued by the circuit court clerk
7		before the entry of the order. Nothing in this Section
8		shall limit the Department of State Police or other
9		criminal justice agencies or prosecutors from listing
10		under an offender's name the false names he or she has
11		used.
12		(5) Whenever a person has been convicted of criminal
13		sexual assault, aggravated criminal sexual assault,
14		predatory criminal sexual assault of a child, criminal
15		sexual abuse, or aggravated criminal sexual abuse, the
16		victim of that offense may request that the State's
17		Attorney of the county in which the conviction occurred
18		file a verified petition with the presiding trial judge at
19		the petitioner's trial to have a court order entered to
20		seal the records of the circuit court clerk in connection
21		with the proceedings of the trial court concerning that
22		offense. However, the records of the arresting authority
23		and the Department of State Police concerning the offense
24		shall not be sealed. The court, upon good cause shown,
25		shall make the records of the circuit court clerk in
26		connection with the proceedings of the trial court

HB4137 Engrossed - 74 - LRB099 07987 AMC 28127 b
1		concerning the offense available for public inspection.
2		(6) If a conviction has been set aside on direct review
3		or on collateral attack and the court determines by clear
4		and convincing evidence that the petitioner was factually
5		innocent of the charge, the court that finds the petitioner
6		factually innocent of the charge shall enter an expungement
7		order for the conviction for which the petitioner has been
8		determined to be innocent as provided in subsection (b) of
9		Section 5-5-4 of the Unified Code of Corrections.
10		(7) Nothing in this Section shall prevent the
11		Department of State Police from maintaining all records of
12		any person who is admitted to probation upon terms and
13		conditions and who fulfills those terms and conditions
14		pursuant to Section 10 of the Cannabis Control Act, Section
15		410 of the Illinois Controlled Substances Act, Section 70
16		of the Methamphetamine Control and Community Protection
17		Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
18		Corrections, Section 12-4.3 or subdivision (b)(1) of
19		Section 12-3.05 of the Criminal Code of 1961 or the
20		Criminal Code of 2012, Section 10-102 of the Illinois
21		Alcoholism and Other Drug Dependency Act, Section 40-10 of
22		the Alcoholism and Other Drug Abuse and Dependency Act, or
23		Section 10 of the Steroid Control Act.
24		(8) If the petitioner has been granted a certificate of
25		innocence under Section 2-702 of the Code of Civil
26		Procedure, the court that grants the certificate of

HB4137 Engrossed - 75 - LRB099 07987 AMC 28127 b
1		innocence shall also enter an order expunging the
2		conviction for which the petitioner has been determined to
3		be innocent as provided in subsection (h) of Section 2-702
4		of the Code of Civil Procedure.
5		(c) Sealing.
6		(1) Applicability. Notwithstanding any other provision
7		of this Act to the contrary, and cumulative with any rights
8		to expungement of criminal records, this subsection
9		authorizes the sealing of criminal records of adults and of
10		minors prosecuted as adults.
11		(2) Eligible Records. The following records may be
12		sealed:
13		(A) All arrests resulting in release without
14		charging;
15		(B) Arrests or charges not initiated by arrest
16		resulting in acquittal, dismissal, or conviction when
17		the conviction was reversed or vacated, except as
18		excluded by subsection (a)(3)(B);
19		(C) Arrests or charges not initiated by arrest
20		resulting in orders of supervision, including orders
21		of supervision for municipal ordinance violations,
22		successfully completed by the petitioner, unless
23		excluded by subsection (a)(3);
24		(D) Arrests or charges not initiated by arrest
25		resulting in convictions, including convictions on
26		municipal ordinance violations, unless excluded by

HB4137 Engrossed - 76 - LRB099 07987 AMC 28127 b
1		subsection (a)(3);
2		(E) Arrests or charges not initiated by arrest
3		resulting in orders of first offender probation under
4		Section 10 of the Cannabis Control Act, Section 410 of
5		the Illinois Controlled Substances Act, Section 70 of
6		the Methamphetamine Control and Community Protection
7		Act, or Section 5-6-3.3 of the Unified Code of
8		Corrections; and
9		(F) Arrests or charges not initiated by arrest
10		resulting in felony convictions for the following
11		offenses:
12		(i) Class 4 felony convictions for:
13		Prostitution under Section 11-14 of the
14		Criminal Code of 1961 or the Criminal Code of
15		2012.
16		Possession of cannabis under Section 4 of
17		the Cannabis Control Act.
18		Possession of a controlled substance under
19		Section 402 of the Illinois Controlled
20		Substances Act.
21		Offenses under the Methamphetamine
22		Precursor Control Act.
23		Offenses under the Steroid Control Act.
24		Theft under Section 16-1 of the Criminal
25		Code of 1961 or the Criminal Code of 2012.
26		Retail theft under Section 16A-3 or

HB4137 Engrossed - 77 - LRB099 07987 AMC 28127 b
1		paragraph (a) of 16-25 of the Criminal Code of
2		1961 or the Criminal Code of 2012.
3		Deceptive practices under Section 17-1 of
4		the Criminal Code of 1961 or the Criminal Code
5		of 2012.
6		Forgery under Section 17-3 of the Criminal
7		Code of 1961 or the Criminal Code of 2012.
8		Possession of burglary tools under Section
9		19-2 of the Criminal Code of 1961 or the
10		Criminal Code of 2012.
11		(ii) Class 3 felony convictions for:
12		Theft under Section 16-1 of the Criminal
13		Code of 1961 or the Criminal Code of 2012.
14		Retail theft under Section 16A-3 or
15		paragraph (a) of 16-25 of the Criminal Code of
16		1961 or the Criminal Code of 2012.
17		Deceptive practices under Section 17-1 of
18		the Criminal Code of 1961 or the Criminal Code
19		of 2012.
20		Forgery under Section 17-3 of the Criminal
21		Code of 1961 or the Criminal Code of 2012.
22		Possession with intent to manufacture or
23		deliver a controlled substance under Section
24		401 of the Illinois Controlled Substances Act.
25		(3) When Records Are Eligible to Be Sealed. Records
26		identified as eligible under subsection (c)(2) may be

HB4137 Engrossed - 78 - LRB099 07987 AMC 28127 b
1		sealed as follows:
2		(A) Records identified as eligible under
3		subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
4		time.
5		(B) Records identified as eligible under
6		subsection (c)(2)(C) may be sealed (i) 3 years after
7		the termination of petitioner's last sentence (as
8		defined in subsection (a)(1)(F)) if the petitioner has
9		never been convicted of a criminal offense (as defined
10		in subsection (a)(1)(D)); or (ii) 4 years after the
11		termination of the petitioner's last sentence (as
12		defined in subsection (a)(1)(F)) if the petitioner has
13		ever been convicted of a criminal offense (as defined
14		in subsection (a)(1)(D)).
15		(C) Records identified as eligible under
16		subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
17		sealed 4 years after the termination of the
18		petitioner's last sentence (as defined in subsection
19		(a)(1)(F)).
20		(D) Records identified in subsection
21		(a)(3)(A)(iii) may be sealed after the petitioner has
22		reached the age of 25 years.
23		(4) Subsequent felony convictions. A person may not
24		have subsequent felony conviction records sealed as
25		provided in this subsection (c) if he or she is convicted
26		of any felony offense after the date of the sealing of

HB4137 Engrossed - 79 - LRB099 07987 AMC 28127 b
1		prior felony convictions as provided in this subsection
2		(c). The court may, upon conviction for a subsequent felony
3		offense, order the unsealing of prior felony conviction
4		records previously ordered sealed by the court.
5		(5) Notice of eligibility for sealing. Upon entry of a
6		disposition for an eligible record under this subsection
7		(c), the petitioner shall be informed by the court of the
8		right to have the records sealed and the procedures for the
9		sealing of the records.
10		(d) Procedure. The following procedures apply to
11		expungement under subsections (b), (e), and (e-6) and sealing
12		under subsections (c) and (e-5):
13		(1) Filing the petition. Upon becoming eligible to
14		petition for the expungement or sealing of records under
15		this Section, the petitioner shall file a petition
16		requesting the expungement or sealing of records with the
17		clerk of the court where the arrests occurred or the
18		charges were brought, or both. If arrests occurred or
19		charges were brought in multiple jurisdictions, a petition
20		must be filed in each such jurisdiction. The petitioner
21		shall pay the applicable fee, if not waived.
22		(2) Contents of petition. The petition shall be
23		verified and shall contain the petitioner's name, date of
24		birth, current address and, for each arrest or charge not
25		initiated by arrest sought to be sealed or expunged, the
26		case number, the date of arrest (if any), the identity of

HB4137 Engrossed - 80 - LRB099 07987 AMC 28127 b
1		the arresting authority, and such other information as the
2		court may require. During the pendency of the proceeding,
3		the petitioner shall promptly notify the circuit court
4		clerk of any change of his or her address. If the
5		petitioner has received a certificate of eligibility for
6		sealing from the Prisoner Review Board under paragraph (10)
7		of subsection (a) of Section 3-3-2 of the Unified Code of
8		Corrections, the certificate shall be attached to the
9		petition.
10		(3) Drug test. The petitioner must attach to the
11		petition proof that the petitioner has passed a test taken
12		within 30 days before the filing of the petition showing
13		the absence within his or her body of all illegal
14		substances as defined by the Illinois Controlled
15		Substances Act, the Methamphetamine Control and Community
16		Protection Act, and the Cannabis Control Act if he or she
17		is petitioning to:
18		(A) seal felony records under clause (c)(2)(E);
19		(B) seal felony records for a violation of the
20		Illinois Controlled Substances Act, the
21		Methamphetamine Control and Community Protection Act,
22		or the Cannabis Control Act under clause (c)(2)(F);
23		(C) seal felony records under subsection (e-5); or
24		(D) expunge felony records of a qualified
25		probation under clause (b)(1)(B)(iv).
26		(4) Service of petition. The circuit court clerk shall

HB4137 Engrossed - 81 - LRB099 07987 AMC 28127 b
1		promptly serve a copy of the petition and documentation to
2		support the petition under subsection (e-5) or (e-6) on the
3		State's Attorney or prosecutor charged with the duty of
4		prosecuting the offense, the Department of State Police,
5		the arresting agency and the chief legal officer of the
6		unit of local government effecting the arrest.
7		(5) Objections.
8		(A) Any party entitled to notice of the petition
9		may file an objection to the petition. All objections
10		shall be in writing, shall be filed with the circuit
11		court clerk, and shall state with specificity the basis
12		of the objection. Whenever a person who has been
13		convicted of an offense is granted a pardon by the
14		Governor which specifically authorizes expungement, an
15		objection to the petition may not be filed.
16		(B) Objections to a petition to expunge or seal
17		must be filed within 60 days of the date of service of
18		the petition.
19		(6) Entry of order.
20		(A) The Chief Judge of the circuit wherein the
21		charge was brought, any judge of that circuit
22		designated by the Chief Judge, or in counties of less
23		than 3,000,000 inhabitants, the presiding trial judge
24		at the petitioner's trial, if any, shall rule on the
25		petition to expunge or seal as set forth in this
26		subsection (d)(6).

HB4137 Engrossed - 82 - LRB099 07987 AMC 28127 b
1		(B) Unless the State's Attorney or prosecutor, the
2		Department of State Police, the arresting agency, or
3		the chief legal officer files an objection to the
4		petition to expunge or seal within 60 days from the
5		date of service of the petition, the court shall enter
6		an order granting or denying the petition.
7		(7) Hearings. If an objection is filed, the court shall
8		set a date for a hearing and notify the petitioner and all
9		parties entitled to notice of the petition of the hearing
10		date at least 30 days prior to the hearing. Prior to the
11		hearing, the State's Attorney shall consult with the
12		Department as to the appropriateness of the relief sought
13		in the petition to expunge or seal. At the hearing, the
14		court shall hear evidence on whether the petition should or
15		should not be granted, and shall grant or deny the petition
16		to expunge or seal the records based on the evidence
17		presented at the hearing. The court may consider the
18		following:
19		(A) the strength of the evidence supporting the
20		defendant's conviction;
21		(B) the reasons for retention of the conviction
22		records by the State;
23		(C) the petitioner's age, criminal record history,
24		and employment history;
25		(D) the period of time between the petitioner's
26		arrest on the charge resulting in the conviction and

HB4137 Engrossed - 83 - LRB099 07987 AMC 28127 b
1		the filing of the petition under this Section; and
2		(E) the specific adverse consequences the
3		petitioner may be subject to if the petition is denied.
4		(8) Service of order. After entering an order to
5		expunge or seal records, the court must provide copies of
6		the order to the Department, in a form and manner
7		prescribed by the Department, to the petitioner, to the
8		State's Attorney or prosecutor charged with the duty of
9		prosecuting the offense, to the arresting agency, to the
10		chief legal officer of the unit of local government
11		effecting the arrest, and to such other criminal justice
12		agencies as may be ordered by the court.
13		(9) Implementation of order.
14		(A) Upon entry of an order to expunge records
15		pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
16		(i) the records shall be expunged (as defined
17		in subsection (a)(1)(E)) by the arresting agency,
18		the Department, and any other agency as ordered by
19		the court, within 60 days of the date of service of
20		the order, unless a motion to vacate, modify, or
21		reconsider the order is filed pursuant to
22		paragraph (12) of subsection (d) of this Section;
23		(ii) the records of the circuit court clerk
24		shall be impounded until further order of the court
25		upon good cause shown and the name of the
26		petitioner obliterated on the official index

HB4137 Engrossed - 84 - LRB099 07987 AMC 28127 b
1		required to be kept by the circuit court clerk
2		under Section 16 of the Clerks of Courts Act, but
3		the order shall not affect any index issued by the
4		circuit court clerk before the entry of the order;
5		and
6		(iii) in response to an inquiry for expunged
7		records, the court, the Department, or the agency
8		receiving such inquiry, shall reply as it does in
9		response to inquiries when no records ever
10		existed.
11		(B) Upon entry of an order to expunge records
12		pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
13		(i) the records shall be expunged (as defined
14		in subsection (a)(1)(E)) by the arresting agency
15		and any other agency as ordered by the court,
16		within 60 days of the date of service of the order,
17		unless a motion to vacate, modify, or reconsider
18		the order is filed pursuant to paragraph (12) of
19		subsection (d) of this Section;
20		(ii) the records of the circuit court clerk
21		shall be impounded until further order of the court
22		upon good cause shown and the name of the
23		petitioner obliterated on the official index
24		required to be kept by the circuit court clerk
25		under Section 16 of the Clerks of Courts Act, but
26		the order shall not affect any index issued by the

HB4137 Engrossed - 85 - LRB099 07987 AMC 28127 b
1		circuit court clerk before the entry of the order;
2		(iii) the records shall be impounded by the
3		Department within 60 days of the date of service of
4		the order as ordered by the court, unless a motion
5		to vacate, modify, or reconsider the order is filed
6		pursuant to paragraph (12) of subsection (d) of
7		this Section;
8		(iv) records impounded by the Department may
9		be disseminated by the Department only as required
10		by law or to the arresting authority, the State's
11		Attorney, and the court upon a later arrest for the
12		same or a similar offense or for the purpose of
13		sentencing for any subsequent felony, and to the
14		Department of Corrections upon conviction for any
15		offense; and
16		(v) in response to an inquiry for such records
17		from anyone not authorized by law to access such
18		records, the court, the Department, or the agency
19		receiving such inquiry shall reply as it does in
20		response to inquiries when no records ever
21		existed.
22		(B-5) Upon entry of an order to expunge records
23		under subsection (e-6):
24		(i) the records shall be expunged (as defined
25		in subsection (a)(1)(E)) by the arresting agency
26		and any other agency as ordered by the court,

HB4137 Engrossed - 86 - LRB099 07987 AMC 28127 b
1		within 60 days of the date of service of the order,
2		unless a motion to vacate, modify, or reconsider
3		the order is filed under paragraph (12) of
4		subsection (d) of this Section;
5		(ii) the records of the circuit court clerk
6		shall be impounded until further order of the court
7		upon good cause shown and the name of the
8		petitioner obliterated on the official index
9		required to be kept by the circuit court clerk
10		under Section 16 of the Clerks of Courts Act, but
11		the order shall not affect any index issued by the
12		circuit court clerk before the entry of the order;
13		(iii) the records shall be impounded by the
14		Department within 60 days of the date of service of
15		the order as ordered by the court, unless a motion
16		to vacate, modify, or reconsider the order is filed
17		under paragraph (12) of subsection (d) of this
18		Section;
19		(iv) records impounded by the Department may
20		be disseminated by the Department only as required
21		by law or to the arresting authority, the State's
22		Attorney, and the court upon a later arrest for the
23		same or a similar offense or for the purpose of
24		sentencing for any subsequent felony, and to the
25		Department of Corrections upon conviction for any
26		offense; and

HB4137 Engrossed - 87 - LRB099 07987 AMC 28127 b
1		(v) in response to an inquiry for these records
2		from anyone not authorized by law to access the
3		records, the court, the Department, or the agency
4		receiving the inquiry shall reply as it does in
5		response to inquiries when no records ever
6		existed.
7		(C) Upon entry of an order to seal records under
8		subsection (c), the arresting agency, any other agency
9		as ordered by the court, the Department, and the court
10		shall seal the records (as defined in subsection
11		(a)(1)(K)). In response to an inquiry for such records
12		from anyone not authorized by law to access such
13		records, the court, the Department, or the agency
14		receiving such inquiry shall reply as it does in
15		response to inquiries when no records ever existed.
16		(D) The Department shall send written notice to the
17		petitioner of its compliance with each order to expunge
18		or seal records within 60 days of the date of service
19		of that order or, if a motion to vacate, modify, or
20		reconsider is filed, within 60 days of service of the
21		order resolving the motion, if that order requires the
22		Department to expunge or seal records. In the event of
23		an appeal from the circuit court order, the Department
24		shall send written notice to the petitioner of its
25		compliance with an Appellate Court or Supreme Court
26		judgment to expunge or seal records within 60 days of

HB4137 Engrossed - 88 - LRB099 07987 AMC 28127 b
1		the issuance of the court's mandate. The notice is not
2		required while any motion to vacate, modify, or
3		reconsider, or any appeal or petition for
4		discretionary appellate review, is pending.
5		(10) Fees. The Department may charge the petitioner a
6		fee equivalent to the cost of processing any order to
7		expunge or seal records. Notwithstanding any provision of
8		the Clerks of Courts Act to the contrary, the circuit court
9		clerk may charge a fee equivalent to the cost associated
10		with the sealing or expungement of records by the circuit
11		court clerk. From the total filing fee collected for the
12		petition to seal or expunge, the circuit court clerk shall
13		deposit $10 into the Circuit Court Clerk Operation and
14		Administrative Fund, to be used to offset the costs
15		incurred by the circuit court clerk in performing the
16		additional duties required to serve the petition to seal or
17		expunge on all parties. The circuit court clerk shall
18		collect and forward the Department of State Police portion
19		of the fee to the Department and it shall be deposited in
20		the State Police Services Fund.
21		(11) Final Order. No court order issued under the
22		expungement or sealing provisions of this Section shall
23		become final for purposes of appeal until 30 days after
24		service of the order on the petitioner and all parties
25		entitled to notice of the petition.
26		(12) Motion to Vacate, Modify, or Reconsider. Under

HB4137 Engrossed - 89 - LRB099 07987 AMC 28127 b
1		Section 2-1203 of the Code of Civil Procedure, the
2		petitioner or any party entitled to notice may file a
3		motion to vacate, modify, or reconsider the order granting
4		or denying the petition to expunge or seal within 60 days
5		of service of the order. If filed more than 60 days after
6		service of the order, a petition to vacate, modify, or
7		reconsider shall comply with subsection (c) of Section
8		2-1401 of the Code of Civil Procedure. Upon filing of a
9		motion to vacate, modify, or reconsider, notice of the
10		motion shall be served upon the petitioner and all parties
11		entitled to notice of the petition.
12		(13) Effect of Order. An order granting a petition
13		under the expungement or sealing provisions of this Section
14		shall not be considered void because it fails to comply
15		with the provisions of this Section or because of any error
16		asserted in a motion to vacate, modify, or reconsider. The
17		circuit court retains jurisdiction to determine whether
18		the order is voidable and to vacate, modify, or reconsider
19		its terms based on a motion filed under paragraph (12) of
20		this subsection (d).
21		(14) Compliance with Order Granting Petition to Seal
22		Records. Unless a court has entered a stay of an order
23		granting a petition to seal, all parties entitled to notice
24		of the petition must fully comply with the terms of the
25		order within 60 days of service of the order even if a
26		party is seeking relief from the order through a motion

HB4137 Engrossed - 90 - LRB099 07987 AMC 28127 b
1		filed under paragraph (12) of this subsection (d) or is
2		appealing the order.
3		(15) Compliance with Order Granting Petition to
4		Expunge Records. While a party is seeking relief from the
5		order granting the petition to expunge through a motion
6		filed under paragraph (12) of this subsection (d) or is
7		appealing the order, and unless a court has entered a stay
8		of that order, the parties entitled to notice of the
9		petition must seal, but need not expunge, the records until
10		there is a final order on the motion for relief or, in the
11		case of an appeal, the issuance of that court's mandate.
12		(16) The changes to this subsection (d) made by Public
13		Act 98-163 apply to all petitions pending on August 5, 2013
14		(the effective date of Public Act 98-163) and to all orders
15		ruling on a petition to expunge or seal on or after August
16		5, 2013 (the effective date of Public Act 98-163).
17		(e) Whenever a person who has been convicted of an offense
18		is granted a pardon by the Governor which specifically
19		authorizes expungement, he or she may, upon verified petition
20		to the Chief Judge of the circuit where the person had been
21		convicted, any judge of the circuit designated by the Chief
22		Judge, or in counties of less than 3,000,000 inhabitants, the
23		presiding trial judge at the defendant's trial, have a court
24		order entered expunging the record of arrest from the official
25		records of the arresting authority and order that the records
26		of the circuit court clerk and the Department be sealed until

HB4137 Engrossed - 91 - LRB099 07987 AMC 28127 b
1		further order of the court upon good cause shown or as
2		otherwise provided herein, and the name of the defendant
3		obliterated from the official index requested to be kept by the
4		circuit court clerk under Section 16 of the Clerks of Courts
5		Act in connection with the arrest and conviction for the
6		offense for which he or she had been pardoned but the order
7		shall not affect any index issued by the circuit court clerk
8		before the entry of the order. All records sealed by the
9		Department may be disseminated by the Department only to the
10		arresting authority, the State's Attorney, and the court upon a
11		later arrest for the same or similar offense or for the purpose
12		of sentencing for any subsequent felony. Upon conviction for
13		any subsequent offense, the Department of Corrections shall
14		have access to all sealed records of the Department pertaining
15		to that individual. Upon entry of the order of expungement, the
16		circuit court clerk shall promptly mail a copy of the order to
17		the person who was pardoned.
18		(e-5) Whenever a person who has been convicted of an
19		offense is granted a certificate of eligibility for sealing by
20		the Prisoner Review Board which specifically authorizes
21		sealing, he or she may, upon verified petition to the Chief
22		Judge of the circuit where the person had been convicted, any
23		judge of the circuit designated by the Chief Judge, or in
24		counties of less than 3,000,000 inhabitants, the presiding
25		trial judge at the petitioner's trial, have a court order
26		entered sealing the record of arrest from the official records

HB4137 Engrossed - 92 - LRB099 07987 AMC 28127 b
1		of the arresting authority and order that the records of the
2		circuit court clerk and the Department be sealed until further
3		order of the court upon good cause shown or as otherwise
4		provided herein, and the name of the petitioner obliterated
5		from the official index requested to be kept by the circuit
6		court clerk under Section 16 of the Clerks of Courts Act in
7		connection with the arrest and conviction for the offense for
8		which he or she had been granted the certificate but the order
9		shall not affect any index issued by the circuit court clerk
10		before the entry of the order. All records sealed by the
11		Department may be disseminated by the Department only as
12		required by this Act or to the arresting authority, a law
13		enforcement agency, the State's Attorney, and the court upon a
14		later arrest for the same or similar offense or for the purpose
15		of sentencing for any subsequent felony. Upon conviction for
16		any subsequent offense, the Department of Corrections shall
17		have access to all sealed records of the Department pertaining
18		to that individual. Upon entry of the order of sealing, the
19		circuit court clerk shall promptly mail a copy of the order to
20		the person who was granted the certificate of eligibility for
21		sealing.
22		(e-6) Whenever a person who has been convicted of an
23		offense is granted a certificate of eligibility for expungement
24		by the Prisoner Review Board which specifically authorizes
25		expungement, he or she may, upon verified petition to the Chief
26		Judge of the circuit where the person had been convicted, any

HB4137 Engrossed - 93 - LRB099 07987 AMC 28127 b
1		judge of the circuit designated by the Chief Judge, or in
2		counties of less than 3,000,000 inhabitants, the presiding
3		trial judge at the petitioner's trial, have a court order
4		entered expunging the record of arrest from the official
5		records of the arresting authority and order that the records
6		of the circuit court clerk and the Department be sealed until
7		further order of the court upon good cause shown or as
8		otherwise provided herein, and the name of the petitioner
9		obliterated from the official index requested to be kept by the
10		circuit court clerk under Section 16 of the Clerks of Courts
11		Act in connection with the arrest and conviction for the
12		offense for which he or she had been granted the certificate
13		but the order shall not affect any index issued by the circuit
14		court clerk before the entry of the order. All records sealed
15		by the Department may be disseminated by the Department only as
16		required by this Act or to the arresting authority, a law
17		enforcement agency, the State's Attorney, and the court upon a
18		later arrest for the same or similar offense or for the purpose
19		of sentencing for any subsequent felony. Upon conviction for
20		any subsequent offense, the Department of Corrections shall
21		have access to all expunged records of the Department
22		pertaining to that individual. Upon entry of the order of
23		expungement, the circuit court clerk shall promptly mail a copy
24		of the order to the person who was granted the certificate of
25		eligibility for expungement.
26		(f) Subject to available funding, the Illinois Department

HB4137 Engrossed - 94 - LRB099 07987 AMC 28127 b
1		of Corrections shall conduct a study of the impact of sealing,
2		especially on employment and recidivism rates, utilizing a
3		random sample of those who apply for the sealing of their
4		criminal records under Public Act 93-211. At the request of the
5		Illinois Department of Corrections, records of the Illinois
6		Department of Employment Security shall be utilized as
7		appropriate to assist in the study. The study shall not
8		disclose any data in a manner that would allow the
9		identification of any particular individual or employing unit.
10		The study shall be made available to the General Assembly no
11		later than September 1, 2010.
12		(Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13;
13		97-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
14		1-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150,
15		eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
16		eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
17		eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
18		98-1009, eff. 1-1-15; revised 9-30-14.)
19		Section 105. The Illinois Health Facilities Planning Act is
20		amended by changing Sections 3 and 12 as follows:
21		(20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
22		(Section scheduled to be repealed on December 31, 2019)
23		Sec. 3. Definitions. As used in this Act:
24		"Health care facilities" means and includes the following

HB4137 Engrossed - 95 - LRB099 07987 AMC 28127 b
1		facilities, organizations, and related persons:
2		(1) An ambulatory surgical treatment center required
3		to be licensed pursuant to the Ambulatory Surgical
4		Treatment Center Act.
5		(2) An institution, place, building, or agency
6		required to be licensed pursuant to the Hospital Licensing
7		Act.
8		(3) Skilled and intermediate long term care facilities
9		licensed under the Nursing Home Care Act.
10		(A) If a demonstration project under the Nursing
11		Home Care Act applies for a certificate of need to
12		convert to a nursing facility, it shall meet the
13		licensure and certificate of need requirements in
14		effect as of the date of application.
15		(B) Except as provided in item (A) of this
16		subsection, this Act does not apply to facilities
17		granted waivers under Section 3-102.2 of the Nursing
18		Home Care Act.
19		(3.5) Skilled and intermediate care facilities
20		licensed under the ID/DD Community Care Act. (A) No permit
21		or exemption is required for a facility licensed under the
22		ID/DD Community Care Act prior to the reduction of the
23		number of beds at a facility. If there is a total reduction
24		of beds at a facility licensed under the ID/DD Community
25		Care Act, this is a discontinuation or closure of the
26		facility. If a facility licensed under the ID/DD Community

HB4137 Engrossed - 96 - LRB099 07987 AMC 28127 b
1		Care Act reduces the number of beds or discontinues the
2		facility, that facility must notify the Board as provided
3		in Section 14.1 of this Act.
4		(3.7) Facilities licensed under the Specialized Mental
5		Health Rehabilitation Act of 2013.
6		(4) Hospitals, nursing homes, ambulatory surgical
7		treatment centers, or kidney disease treatment centers
8		maintained by the State or any department or agency
9		thereof.
10		(5) Kidney disease treatment centers, including a
11		free-standing hemodialysis unit required to be licensed
12		under the End Stage Renal Disease Facility Act.
13		(A) This Act does not apply to a dialysis facility
14		that provides only dialysis training, support, and
15		related services to individuals with end stage renal
16		disease who have elected to receive home dialysis.
17		(B) This Act does not apply to a dialysis unit
18		located in a licensed nursing home that offers or
19		provides dialysis-related services to residents with
20		end stage renal disease who have elected to receive
21		home dialysis within the nursing home.
22		(C) The Board, however, may require dialysis
23		facilities and licensed nursing homes under items (A)
24		and (B) of this subsection to report statistical
25		information on a quarterly basis to the Board to be
26		used by the Board to conduct analyses on the need for

HB4137 Engrossed - 97 - LRB099 07987 AMC 28127 b
1		proposed kidney disease treatment centers.
2		(6) An institution, place, building, or room used for
3		the performance of outpatient surgical procedures that is
4		leased, owned, or operated by or on behalf of an
5		out-of-state facility.
6		(7) An institution, place, building, or room used for
7		provision of a health care category of service, including,
8		but not limited to, cardiac catheterization and open heart
9		surgery.
10		(8) An institution, place, building, or room housing
11		major medical equipment used in the direct clinical
12		diagnosis or treatment of patients, and whose project cost
13		is in excess of the capital expenditure minimum.
14		"Health care facilities" does not include the following
15		entities or facility transactions:
16		(1) Federally-owned facilities.
17		(2) Facilities used solely for healing by prayer or
18		spiritual means.
19		(3) An existing facility located on any campus facility
20		as defined in Section 5-5.8b of the Illinois Public Aid
21		Code, provided that the campus facility encompasses 30 or
22		more contiguous acres and that the new or renovated
23		facility is intended for use by a licensed residential
24		facility.
25		(4) Facilities licensed under the Supportive
26		Residences Licensing Act or the Assisted Living and Shared

HB4137 Engrossed - 98 - LRB099 07987 AMC 28127 b
1		Housing Act.
2		(5) Facilities designated as supportive living
3		facilities that are in good standing with the program
4		established under Section 5-5.01a of the Illinois Public
5		Aid Code.
6		(6) Facilities established and operating under the
7		Alternative Health Care Delivery Act as a children's
8		community-based health care center children's respite care
9		center alternative health care model demonstration program
10		or as an Alzheimer's Disease Management Center alternative
11		health care model demonstration program.
12		(7) The closure of an entity or a portion of an entity
13		licensed under the Nursing Home Care Act, the Specialized
14		Mental Health Rehabilitation Act of 2013, or the ID/DD
15		Community Care Act, with the exception of facilities
16		operated by a county or Illinois Veterans Homes, that elect
17		to convert, in whole or in part, to an assisted living or
18		shared housing establishment licensed under the Assisted
19		Living and Shared Housing Act and with the exception of a
20		facility licensed under the Specialized Mental Health
21		Rehabilitation Act of 2013 in connection with a proposal to
22		close a facility and re-establish the facility in another
23		location.
24		(8) Any change of ownership of a health care healthcare
25		facility that is licensed under the Nursing Home Care Act,
26		the Specialized Mental Health Rehabilitation Act of 2013,

HB4137 Engrossed - 99 - LRB099 07987 AMC 28127 b
1		or the ID/DD Community Care Act, with the exception of
2		facilities operated by a county or Illinois Veterans Homes.
3		Changes of ownership of facilities licensed under the
4		Nursing Home Care Act must meet the requirements set forth
5		in Sections 3-101 through 3-119 of the Nursing Home Care
6		Act. children's community-based health care center of 2013
7		and with the exception of a facility licensed under the
8		Specialized Mental Health Rehabilitation Act of 2013 in
9		connection with a proposal to close a facility and
10		re-establish the facility in another location of 2013
11		With the exception of those health care facilities
12		specifically included in this Section, nothing in this Act
13		shall be intended to include facilities operated as a part of
14		the practice of a physician or other licensed health care
15		professional, whether practicing in his individual capacity or
16		within the legal structure of any partnership, medical or
17		professional corporation, or unincorporated medical or
18		professional group. Further, this Act shall not apply to
19		physicians or other licensed health care professional's
20		practices where such practices are carried out in a portion of
21		a health care facility under contract with such health care
22		facility by a physician or by other licensed health care
23		professionals, whether practicing in his individual capacity
24		or within the legal structure of any partnership, medical or
25		professional corporation, or unincorporated medical or
26		professional groups, unless the entity constructs, modifies,

HB4137 Engrossed - 100 - LRB099 07987 AMC 28127 b
1		or establishes a health care facility as specifically defined
2		in this Section. This Act shall apply to construction or
3		modification and to establishment by such health care facility
4		of such contracted portion which is subject to facility
5		licensing requirements, irrespective of the party responsible
6		for such action or attendant financial obligation.
7		"Person" means any one or more natural persons, legal
8		entities, governmental bodies other than federal, or any
9		combination thereof.
10		"Consumer" means any person other than a person (a) whose
11		major occupation currently involves or whose official capacity
12		within the last 12 months has involved the providing,
13		administering or financing of any type of health care facility,
14		(b) who is engaged in health research or the teaching of
15		health, (c) who has a material financial interest in any
16		activity which involves the providing, administering or
17		financing of any type of health care facility, or (d) who is or
18		ever has been a member of the immediate family of the person
19		defined by (a), (b), or (c).
20		"State Board" or "Board" means the Health Facilities and
21		Services Review Board.
22		"Construction or modification" means the establishment,
23		erection, building, alteration, reconstruction, modernization,
24		improvement, extension, discontinuation, change of ownership,
25		of or by a health care facility, or the purchase or acquisition
26		by or through a health care facility of equipment or service

HB4137 Engrossed - 101 - LRB099 07987 AMC 28127 b
1		for diagnostic or therapeutic purposes or for facility
2		administration or operation, or any capital expenditure made by
3		or on behalf of a health care facility which exceeds the
4		capital expenditure minimum; however, any capital expenditure
5		made by or on behalf of a health care facility for (i) the
6		construction or modification of a facility licensed under the
7		Assisted Living and Shared Housing Act or (ii) a conversion
8		project undertaken in accordance with Section 30 of the Older
9		Adult Services Act shall be excluded from any obligations under
10		this Act.
11		"Establish" means the construction of a health care
12		facility or the replacement of an existing facility on another
13		site or the initiation of a category of service.
14		"Major medical equipment" means medical equipment which is
15		used for the provision of medical and other health services and
16		which costs in excess of the capital expenditure minimum,
17		except that such term does not include medical equipment
18		acquired by or on behalf of a clinical laboratory to provide
19		clinical laboratory services if the clinical laboratory is
20		independent of a physician's office and a hospital and it has
21		been determined under Title XVIII of the Social Security Act to
22		meet the requirements of paragraphs (10) and (11) of Section
23		1861(s) of such Act. In determining whether medical equipment
24		has a value in excess of the capital expenditure minimum, the
25		value of studies, surveys, designs, plans, working drawings,
26		specifications, and other activities essential to the

HB4137 Engrossed - 102 - LRB099 07987 AMC 28127 b
1		acquisition of such equipment shall be included.
2		"Capital Expenditure" means an expenditure: (A) made by or
3		on behalf of a health care facility (as such a facility is
4		defined in this Act); and (B) which under generally accepted
5		accounting principles is not properly chargeable as an expense
6		of operation and maintenance, or is made to obtain by lease or
7		comparable arrangement any facility or part thereof or any
8		equipment for a facility or part; and which exceeds the capital
9		expenditure minimum.
10		For the purpose of this paragraph, the cost of any studies,
11		surveys, designs, plans, working drawings, specifications, and
12		other activities essential to the acquisition, improvement,
13		expansion, or replacement of any plant or equipment with
14		respect to which an expenditure is made shall be included in
15		determining if such expenditure exceeds the capital
16		expenditures minimum. Unless otherwise interdependent, or
17		submitted as one project by the applicant, components of
18		construction or modification undertaken by means of a single
19		construction contract or financed through the issuance of a
20		single debt instrument shall not be grouped together as one
21		project. Donations of equipment or facilities to a health care
22		facility which if acquired directly by such facility would be
23		subject to review under this Act shall be considered capital
24		expenditures, and a transfer of equipment or facilities for
25		less than fair market value shall be considered a capital
26		expenditure for purposes of this Act if a transfer of the

HB4137 Engrossed - 103 - LRB099 07987 AMC 28127 b
1		equipment or facilities at fair market value would be subject
2		to review.
3		"Capital expenditure minimum" means $11,500,000 for
4		projects by hospital applicants, $6,500,000 for applicants for
5		projects related to skilled and intermediate care long-term
6		care facilities licensed under the Nursing Home Care Act, and
7		$3,000,000 for projects by all other applicants, which shall be
8		annually adjusted to reflect the increase in construction costs
9		due to inflation, for major medical equipment and for all other
10		capital expenditures.
11		"Non-clinical service area" means an area (i) for the
12		benefit of the patients, visitors, staff, or employees of a
13		health care facility and (ii) not directly related to the
14		diagnosis, treatment, or rehabilitation of persons receiving
15		services from the health care facility. "Non-clinical service
16		areas" include, but are not limited to, chapels; gift shops;
17		news stands; computer systems; tunnels, walkways, and
18		elevators; telephone systems; projects to comply with life
19		safety codes; educational facilities; student housing;
20		patient, employee, staff, and visitor dining areas;
21		administration and volunteer offices; modernization of
22		structural components (such as roof replacement and masonry
23		work); boiler repair or replacement; vehicle maintenance and
24		storage facilities; parking facilities; mechanical systems for
25		heating, ventilation, and air conditioning; loading docks; and
26		repair or replacement of carpeting, tile, wall coverings,

HB4137 Engrossed - 104 - LRB099 07987 AMC 28127 b
1		window coverings or treatments, or furniture. Solely for the
2		purpose of this definition, "non-clinical service area" does
3		not include health and fitness centers.
4		"Areawide" means a major area of the State delineated on a
5		geographic, demographic, and functional basis for health
6		planning and for health service and having within it one or
7		more local areas for health planning and health service. The
8		term "region", as contrasted with the term "subregion", and the
9		word "area" may be used synonymously with the term "areawide".
10		"Local" means a subarea of a delineated major area that on
11		a geographic, demographic, and functional basis may be
12		considered to be part of such major area. The term "subregion"
13		may be used synonymously with the term "local".
14		"Physician" means a person licensed to practice in
15		accordance with the Medical Practice Act of 1987, as amended.
16		"Licensed health care professional" means a person
17		licensed to practice a health profession under pertinent
18		licensing statutes of the State of Illinois.
19		"Director" means the Director of the Illinois Department of
20		Public Health.
21		"Agency" means the Illinois Department of Public Health.
22		"Alternative health care model" means a facility or program
23		authorized under the Alternative Health Care Delivery Act.
24		"Out-of-state facility" means a person that is both (i)
25		licensed as a hospital or as an ambulatory surgery center under
26		the laws of another state or that qualifies as a hospital or an

HB4137 Engrossed - 105 - LRB099 07987 AMC 28127 b
1		ambulatory surgery center under regulations adopted pursuant
2		to the Social Security Act and (ii) not licensed under the
3		Ambulatory Surgical Treatment Center Act, the Hospital
4		Licensing Act, or the Nursing Home Care Act. Affiliates of
5		out-of-state facilities shall be considered out-of-state
6		facilities. Affiliates of Illinois licensed health care
7		facilities 100% owned by an Illinois licensed health care
8		facility, its parent, or Illinois physicians licensed to
9		practice medicine in all its branches shall not be considered
10		out-of-state facilities. Nothing in this definition shall be
11		construed to include an office or any part of an office of a
12		physician licensed to practice medicine in all its branches in
13		Illinois that is not required to be licensed under the
14		Ambulatory Surgical Treatment Center Act.
15		"Change of ownership of a health care facility" means a
16		change in the person who has ownership or control of a health
17		care facility's physical plant and capital assets. A change in
18		ownership is indicated by the following transactions: sale,
19		transfer, acquisition, lease, change of sponsorship, or other
20		means of transferring control.
21		"Related person" means any person that: (i) is at least 50%
22		owned, directly or indirectly, by either the health care
23		facility or a person owning, directly or indirectly, at least
24		50% of the health care facility; or (ii) owns, directly or
25		indirectly, at least 50% of the health care facility.
26		"Charity care" means care provided by a health care

HB4137 Engrossed - 106 - LRB099 07987 AMC 28127 b
1		facility for which the provider does not expect to receive
2		payment from the patient or a third-party payer.
3		"Freestanding emergency center" means a facility subject
4		to licensure under Section 32.5 of the Emergency Medical
5		Services (EMS) Systems Act.
6		"Category of service" means a grouping by generic class of
7		various types or levels of support functions, equipment, care,
8		or treatment provided to patients or residents, including, but
9		not limited to, classes such as medical-surgical, pediatrics,
10		or cardiac catheterization. A category of service may include
11		subcategories or levels of care that identify a particular
12		degree or type of care within the category of service. Nothing
13		in this definition shall be construed to include the practice
14		of a physician or other licensed health care professional while
15		functioning in an office providing for the care, diagnosis, or
16		treatment of patients. A category of service that is subject to
17		the Board's jurisdiction must be designated in rules adopted by
18		the Board.
19		"State Board Staff Report" means the document that sets
20		forth the review and findings of the State Board staff, as
21		prescribed by the State Board, regarding applications subject
22		to Board jurisdiction.
23		(Source: P.A. 97-38, eff. 6-28-11; 97-277, eff. 1-1-12; 97-813,
24		eff. 7-13-12; 97-980, eff. 8-17-12; 98-414, eff. 1-1-14;
25		98-629, eff. 1-1-15; 98-651, eff. 6-16-14; 98-1086, eff.
26		8-26-14; revised 10-22-14.)

HB4137 Engrossed - 107 - LRB099 07987 AMC 28127 b
1		(20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
2		(Section scheduled to be repealed on December 31, 2019)
3		Sec. 12. Powers and duties of State Board. For purposes of
4		this Act, the State Board shall exercise the following powers
5		and duties:
6		(1) Prescribe rules, regulations, standards, criteria,
7		procedures or reviews which may vary according to the purpose
8		for which a particular review is being conducted or the type of
9		project reviewed and which are required to carry out the
10		provisions and purposes of this Act. Policies and procedures of
11		the State Board shall take into consideration the priorities
12		and needs of medically underserved areas and other health care
13		services identified through the comprehensive health planning
14		process, giving special consideration to the impact of projects
15		on access to safety net services.
16		(2) Adopt procedures for public notice and hearing on all
17		proposed rules, regulations, standards, criteria, and plans
18		required to carry out the provisions of this Act.
19		(3) (Blank).
20		(4) Develop criteria and standards for health care
21		facilities planning, conduct statewide inventories of health
22		care facilities, maintain an updated inventory on the Board's
23		web site reflecting the most recent bed and service changes and
24		updated need determinations when new census data become
25		available or new need formulae are adopted, and develop health

HB4137 Engrossed - 108 - LRB099 07987 AMC 28127 b
1		care facility plans which shall be utilized in the review of
2		applications for permit under this Act. Such health facility
3		plans shall be coordinated by the Board with pertinent State
4		Plans. Inventories pursuant to this Section of skilled or
5		intermediate care facilities licensed under the Nursing Home
6		Care Act, skilled or intermediate care facilities licensed
7		under the ID/DD Community Care Act, facilities licensed under
8		the Specialized Mental Health Rehabilitation Act, or nursing
9		homes licensed under the Hospital Licensing Act shall be
10		conducted on an annual basis no later than July 1 of each year
11		and shall include among the information requested a list of all
12		services provided by a facility to its residents and to the
13		community at large and differentiate between active and
14		inactive beds.
15		In developing health care facility plans, the State Board
16		shall consider, but shall not be limited to, the following:
17		(a) The size, composition and growth of the population
18		of the area to be served;
19		(b) The number of existing and planned facilities
20		offering similar programs;
21		(c) The extent of utilization of existing facilities;
22		(d) The availability of facilities which may serve as
23		alternatives or substitutes;
24		(e) The availability of personnel necessary to the
25		operation of the facility;
26		(f) Multi-institutional planning and the establishment

HB4137 Engrossed - 109 - LRB099 07987 AMC 28127 b
1		of multi-institutional systems where feasible;
2		(g) The financial and economic feasibility of proposed
3		construction or modification; and
4		(h) In the case of health care facilities established
5		by a religious body or denomination, the needs of the
6		members of such religious body or denomination may be
7		considered to be public need.
8		The health care facility plans which are developed and
9		adopted in accordance with this Section shall form the basis
10		for the plan of the State to deal most effectively with
11		statewide health needs in regard to health care facilities.
12		(5) Coordinate with the Center for Comprehensive Health
13		Planning and other state agencies having responsibilities
14		affecting health care facilities, including those of licensure
15		and cost reporting. Beginning no later than January 1, 2013,
16		the Department of Public Health shall produce a written annual
17		report to the Governor and the General Assembly regarding the
18		development of the Center for Comprehensive Health Planning.
19		The Chairman of the State Board and the State Board
20		Administrator shall also receive a copy of the annual report.
21		(6) Solicit, accept, hold and administer on behalf of the
22		State any grants or bequests of money, securities or property
23		for use by the State Board or Center for Comprehensive Health
24		Planning in the administration of this Act; and enter into
25		contracts consistent with the appropriations for purposes
26		enumerated in this Act.

HB4137 Engrossed - 110 - LRB099 07987 AMC 28127 b
1		(7) The State Board shall prescribe procedures for review,
2		standards, and criteria which shall be utilized to make
3		periodic reviews and determinations of the appropriateness of
4		any existing health services being rendered by health care
5		facilities subject to the Act. The State Board shall consider
6		recommendations of the Board in making its determinations.
7		(8) Prescribe, in consultation with the Center for
8		Comprehensive Health Planning, rules, regulations, standards,
9		and criteria for the conduct of an expeditious review of
10		applications for permits for projects of construction or
11		modification of a health care facility, which projects are
12		classified as emergency, substantive, or non-substantive in
13		nature.
14		Six months after June 30, 2009 (the effective date of
15		Public Act 96-31), substantive projects shall include no more
16		than the following:
17		(a) Projects to construct (1) a new or replacement
18		facility located on a new site or (2) a replacement
19		facility located on the same site as the original facility
20		and the cost of the replacement facility exceeds the
21		capital expenditure minimum, which shall be reviewed by the
22		Board within 120 days;
23		(b) Projects proposing a (1) new service within an
24		existing healthcare facility or (2) discontinuation of a
25		service within an existing healthcare facility, which
26		shall be reviewed by the Board within 60 days; or

HB4137 Engrossed - 111 - LRB099 07987 AMC 28127 b
1		(c) Projects proposing a change in the bed capacity of
2		a health care facility by an increase in the total number
3		of beds or by a redistribution of beds among various
4		categories of service or by a relocation of beds from one
5		physical facility or site to another by more than 20 beds
6		or more than 10% of total bed capacity, as defined by the
7		State Board, whichever is less, over a 2-year period.
8		The Chairman may approve applications for exemption that
9		meet the criteria set forth in rules or refer them to the full
10		Board. The Chairman may approve any unopposed application that
11		meets all of the review criteria or refer them to the full
12		Board.
13		Such rules shall not abridge the right of the Center for
14		Comprehensive Health Planning to make recommendations on the
15		classification and approval of projects, nor shall such rules
16		prevent the conduct of a public hearing upon the timely request
17		of an interested party. Such reviews shall not exceed 60 days
18		from the date the application is declared to be complete.
19		(9) Prescribe rules, regulations, standards, and criteria
20		pertaining to the granting of permits for construction and
21		modifications which are emergent in nature and must be
22		undertaken immediately to prevent or correct structural
23		deficiencies or hazardous conditions that may harm or injure
24		persons using the facility, as defined in the rules and
25		regulations of the State Board. This procedure is exempt from
26		public hearing requirements of this Act.

HB4137 Engrossed - 112 - LRB099 07987 AMC 28127 b
1		(10) Prescribe rules, regulations, standards and criteria
2		for the conduct of an expeditious review, not exceeding 60
3		days, of applications for permits for projects to construct or
4		modify health care facilities which are needed for the care and
5		treatment of persons who have acquired immunodeficiency
6		syndrome (AIDS) or related conditions.
7		(11) Issue written decisions upon request of the applicant
8		or an adversely affected party to the Board. Requests for a
9		written decision shall be made within 15 days after the Board
10		meeting in which a final decision has been made. A "final
11		decision" for purposes of this Act is the decision to approve
12		or deny an application, or take other actions permitted under
13		this Act, at the time and date of the meeting that such action
14		is scheduled by the Board. State Board members shall provide
15		their rationale when voting on an item before the State Board
16		at a State Board meeting in order to comply with subsection (b)
17		of Section 3-108 of the Administrative Review Law of the Code
18		of Civil Procedure. The transcript of the State Board meeting
19		shall be incorporated into the Board's final decision. The
20		staff of the Board shall prepare a written copy of the final
21		decision and the Board shall approve a final copy for inclusion
22		in the formal record. The Board shall consider, for approval,
23		the written draft of the final decision no later than the next
24		scheduled Board meeting. The written decision shall identify
25		the applicable criteria and factors listed in this Act and the
26		Board's regulations that were taken into consideration by the

HB4137 Engrossed - 113 - LRB099 07987 AMC 28127 b
1		Board when coming to a final decision. If the Board denies or
2		fails to approve an application for permit or exemption, the
3		Board shall include in the final decision a detailed
4		explanation as to why the application was denied and identify
5		what specific criteria or standards the applicant did not
6		fulfill.
7		(12) Require at least one of its members to participate in
8		any public hearing, after the appointment of a majority of the
9		members to the Board.
10		(13) Provide a mechanism for the public to comment on, and
11		request changes to, draft rules and standards.
12		(14) Implement public information campaigns to regularly
13		inform the general public about the opportunity for public
14		hearings and public hearing procedures.
15		(15) Establish a separate set of rules and guidelines for
16		long-term care that recognizes that nursing homes are a
17		different business line and service model from other regulated
18		facilities. An open and transparent process shall be developed
19		that considers the following: how skilled nursing fits in the
20		continuum of care with other care providers, modernization of
21		nursing homes, establishment of more private rooms,
22		development of alternative services, and current trends in
23		long-term care services. The Chairman of the Board shall
24		appoint a permanent Health Services Review Board Long-term Care
25		Facility Advisory Subcommittee that shall develop and
26		recommend to the Board the rules to be established by the Board

HB4137 Engrossed - 114 - LRB099 07987 AMC 28127 b
1		under this paragraph (15). The Subcommittee shall also provide
2		continuous review and commentary on policies and procedures
3		relative to long-term care and the review of related projects.
4		In consultation with other experts from the health field of
5		long-term care, the Board and the Subcommittee shall study new
6		approaches to the current bed need formula and Health Service
7		Area boundaries to encourage flexibility and innovation in
8		design models reflective of the changing long-term care
9		marketplace and consumer preferences. The Subcommittee shall
10		evaluate, and make recommendations to the State Board
11		regarding, the buying, selling, and exchange of beds between
12		long-term care facilities within a specified geographic area or
13		drive time. The Board shall file the proposed related
14		administrative rules for the separate rules and guidelines for
15		long-term care required by this paragraph (15) by no later than
16		September 30, 2011. The Subcommittee shall be provided a
17		reasonable and timely opportunity to review and comment on any
18		review, revision, or updating of the criteria, standards,
19		procedures, and rules used to evaluate project applications as
20		provided under Section 12.3 of this Act.
21		(16) Prescribe and provide forms pertaining to the State
22		Board Staff Report. A State Board Staff Report shall pertain to
23		applications that include, but are not limited to, applications
24		for permit or exemption, applications for permit renewal,
25		applications for extension of the obligation period,
26		applications requesting a declaratory ruling, or applications

HB4137 Engrossed - 115 - LRB099 07987 AMC 28127 b
1		under the Health Care Worker Self-Referral Self Referral Act.
2		State Board Staff Reports shall compare applications to the
3		relevant review criteria under the Board's rules.
4		(17) (16) Establish a separate set of rules and guidelines
5		for facilities licensed under the Specialized Mental Health
6		Rehabilitation Act of 2013. An application for the
7		re-establishment of a facility in connection with the
8		relocation of the facility shall not be granted unless the
9		applicant has a contractual relationship with at least one
10		hospital to provide emergency and inpatient mental health
11		services required by facility consumers, and at least one
12		community mental health agency to provide oversight and
13		assistance to facility consumers while living in the facility,
14		and appropriate services, including case management, to assist
15		them to prepare for discharge and reside stably in the
16		community thereafter. No new facilities licensed under the
17		Specialized Mental Health Rehabilitation Act of 2013 shall be
18		established after June 16, 2014 (the effective date of Public
19		Act 98-651) this amendatory Act of the 98th General Assembly
20		except in connection with the relocation of an existing
21		facility to a new location. An application for a new location
22		shall not be approved unless there are adequate community
23		services accessible to the consumers within a reasonable
24		distance, or by use of public transportation, so as to
25		facilitate the goal of achieving maximum individual self-care
26		and independence. At no time shall the total number of

HB4137 Engrossed - 116 - LRB099 07987 AMC 28127 b
1		authorized beds under this Act in facilities licensed under the
2		Specialized Mental Health Rehabilitation Act of 2013 exceed the
3		number of authorized beds on June 16, 2014 (the effective date
4		of Public Act 98-651) this amendatory Act of the 98th General
5		Assembly.
6		(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
7		eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff. 8-27-12;
8		98-414, eff. 1-1-14; 98-463, eff. 8-16-13; 98-651, eff.
9		6-16-14; 98-1086, eff. 8-26-14; revised 10-1-14.)
10		Section 110. The Home Repair and Construction Task Force
11		Act is amended by changing Section 20 as follows:
12		(20 ILCS 5050/20)
13		(Section scheduled to be repealed on January 1, 2016)
14		Sec. 20. Duties. The Task Force shall:
15		(1) discuss whether the residents of Illinois would
16		benefit from legislation requiring home repair and
17		construction service providers to obtain a license from the
18		Department of Financial and Professional Regulation before
19		offering these theses services in Illinois;
20		(2) if it is determined that licensure is required,
21		determine:
22		(A) the requirements applicants must meet to
23		qualify for a license;
24		(B) grounds for denial or revocation of a license;

HB4137 Engrossed - 117 - LRB099 07987 AMC 28127 b
1		and
2		(C) any other considerations relevant to a
3		licensing requirement; and
4		(3) make recommendations to the General Assembly.
5		(Source: P.A. 98-1030, eff. 8-25-14; revised 11-25-14.)
6		Section 115. The State Finance Act is amended by setting
7		forth and renumbering multiple versions of Section 5.855 and by
8		changing Sections 6z-43 and 8.12 as follows:
9		(30 ILCS 105/5.855)
10		Sec. 5.855. The Special Olympics Illinois and Special
11		Children's Charities Fund.
12		(Source: P.A. 98-649, eff. 6-16-14.)
13		(30 ILCS 105/5.856)
14		Sec. 5.856 5.855. The Supportive Living Facility Fund.
15		(Source: P.A. 98-651, eff. 6-16-14; revised 9-23-14.)
16		(30 ILCS 105/5.857)
17		(Section scheduled to be repealed on July 1, 2016)
18		Sec. 5.857 5.855. The Capital Development Board Revolving
19		Fund. This Section is repealed July 1, 2016.
20		(Source: P.A. 98-674, eff. 6-30-14; revised 9-23-14.)
21		(30 ILCS 105/5.858)

HB4137 Engrossed - 118 - LRB099 07987 AMC 28127 b
1		Sec. 5.858 5.855. The Hospital Licensure Fund.
2		(Source: P.A. 98-683, eff. 6-30-14; revised 9-23-14.)
3		(30 ILCS 105/5.859)
4		Sec. 5.859 5.855. The Illinois National Guard Billeting
5		Fund.
6		(Source: P.A. 98-733, eff. 7-16-14; revised 9-23-14.)
7		(30 ILCS 105/5.860)
8		Sec. 5.860 5.855. The Job Opportunities for Qualified
9		Applicants Enforcement Fund.
10		(Source: P.A. 98-774, eff. 1-1-15; revised 9-23-14.)
11		(30 ILCS 105/5.861)
12		Sec. 5.861 5.855. The Distance Learning Fund.
13		(Source: P.A. 98-792, eff. 1-1-15; revised 9-23-14.)
14		(30 ILCS 105/5.862)
15		Sec. 5.862 5.855. The State Treasurer's Administrative
16		Fund.
17		(Source: P.A. 98-965, eff. 8-15-14; revised 9-23-14.)
18		(30 ILCS 105/5.863)
19		Sec. 5.863 5.855. The Stroke Data Collection Fund.
20		(Source: P.A. 98-1001, eff. 1-1-15; revised 9-23-14.)

HB4137 Engrossed - 119 - LRB099 07987 AMC 28127 b
1		(30 ILCS 105/5.864)
2		Sec. 5.864 5.855. The Natural Resources Restoration Trust
3		Fund.
4		(Source: P.A. 98-1010, eff. 8-19-14; revised 9-23-14.)
5		(30 ILCS 105/5.865)
6		Sec. 5.865 5.855. The Specialized Services for Survivors of
7		Human Trafficking Fund.
8		(Source: P.A. 98-1013, eff. 1-1-15; revised 9-23-14.)
9		(30 ILCS 105/5.867)
10		(This Section may contain text from a Public Act with a
11		delayed effective date)
12		Sec. 5.867 5.855. The Illinois Secure Choice
13		Administrative Fund.
14		(Source: P.A. 98-1150, eff. 6-1-15; revised 2-2-15.)
15		(30 ILCS 105/6z-43)
16		Sec. 6z-43. Tobacco Settlement Recovery Fund.
17		(a) There is created in the State Treasury a special fund
18		to be known as the Tobacco Settlement Recovery Fund, which
19		shall contain 3 accounts: (i) the General Account, (ii) the
20		Tobacco Settlement Bond Proceeds Account and (iii) the Tobacco
21		Settlement Residual Account. There shall be deposited into the
22		several accounts of the Tobacco Settlement Recovery Fund and
23		the Attorney General Tobacco Fund all monies paid to the State

HB4137 Engrossed - 120 - LRB099 07987 AMC 28127 b
1		pursuant to (1) the Master Settlement Agreement entered in the
2		case of People of the State of Illinois v. Philip Morris, et
3		al. (Circuit Court of Cook County, No. 96-L13146) and (2) any
4		settlement with or judgment against any tobacco product
5		manufacturer other than one participating in the Master
6		Settlement Agreement in satisfaction of any released claim as
7		defined in the Master Settlement Agreement, as well as any
8		other monies as provided by law. Moneys shall be deposited into
9		the Tobacco Settlement Bond Proceeds Account and the Tobacco
10		Settlement Residual Account as provided by the terms of the
11		Railsplitter Tobacco Settlement Authority Act, provided that
12		an annual amount not less than $2,500,000, subject to
13		appropriation, shall be deposited into the Attorney General
14		Tobacco Fund for use only by the Attorney General's office. The
15		scheduled $2,500,000 deposit into the Tobacco Settlement
16		Residual Account for fiscal year 2011 should be transferred to
17		the Attorney General Tobacco Fund in fiscal year 2012 as soon
18		as this fund has been established. All other moneys available
19		to be deposited into the Tobacco Settlement Recovery Fund shall
20		be deposited into the General Account. An investment made from
21		moneys credited to a specific account constitutes part of that
22		account and such account shall be credited with all income from
23		the investment of such moneys. The Treasurer may invest the
24		moneys in the several accounts the Fund in the same manner, in
25		the same types of investments, and subject to the same
26		limitations provided in the Illinois Pension Code for the

HB4137 Engrossed - 121 - LRB099 07987 AMC 28127 b
1		investment of pension funds other than those established under
2		Article 3 or 4 of the Code. Notwithstanding the foregoing, to
3		the extent necessary to preserve the tax-exempt status of any
4		bonds issued pursuant to the Railsplitter Tobacco Settlement
5		Authority Act, the interest on which is intended to be
6		excludable from the gross income of the owners for federal
7		income tax purposes, moneys on deposit in the Tobacco
8		Settlement Bond Proceeds Account and the Tobacco Settlement
9		Residual Account may be invested in obligations the interest
10		upon which is tax-exempt under the provisions of Section 103 of
11		the Internal Revenue Code of 1986, as now or hereafter amended,
12		or any successor code or provision.
13		(b) Moneys on deposit in the Tobacco Settlement Bond
14		Proceeds Account and the Tobacco Settlement Residual Account
15		may be expended, subject to appropriation, for the purposes
16		authorized in subsection (g) of Section 3-6 Section 6(g) of the
17		Railsplitter Tobacco Settlement Authority Act.
18		(c) As soon as may be practical after June 30, 2001, upon
19		notification from and at the direction of the Governor, the
20		State Comptroller shall direct and the State Treasurer shall
21		transfer the unencumbered balance in the Tobacco Settlement
22		Recovery Fund as of June 30, 2001, as determined by the
23		Governor, into the Budget Stabilization Fund. The Treasurer may
24		invest the moneys in the Budget Stabilization Fund in the same
25		manner, in the same types of investments, and subject to the
26		same limitations provided in the Illinois Pension Code for the

HB4137 Engrossed - 122 - LRB099 07987 AMC 28127 b
1		investment of pension funds other than those established under
2		Article 3 or 4 of the Code.
3		(d) All federal financial participation moneys received
4		pursuant to expenditures from the Fund shall be deposited into
5		the General Account.
6		(Source: P.A. 96-958, eff. 7-1-10; 97-72, eff. 7-1-11; revised
7		12-1-14.)
8		(30 ILCS 105/8.12) (from Ch. 127, par. 144.12)
9		Sec. 8.12. State Pensions Fund.
10		(a) The moneys in the State Pensions Fund shall be used
11		exclusively for the administration of the Uniform Disposition
12		of Unclaimed Property Act and for the expenses incurred by the
13		Auditor General for administering the provisions of Section
14		2-8.1 of the Illinois State Auditing Act and for the funding of
15		the unfunded liabilities of the designated retirement systems.
16		Beginning in State fiscal year 2016, payments to the designated
17		retirement systems under this Section shall be in addition to,
18		and not in lieu of, any State contributions required under the
19		Illinois Pension Code.
20		"Designated retirement systems" means:
21		(1) the State Employees' Retirement System of
22		Illinois;
23		(2) the Teachers' Retirement System of the State of
24		Illinois;
25		(3) the State Universities Retirement System;

HB4137 Engrossed - 123 - LRB099 07987 AMC 28127 b
1		(4) the Judges Retirement System of Illinois; and
2		(5) the General Assembly Retirement System.
3		(b) Each year the General Assembly may make appropriations
4		from the State Pensions Fund for the administration of the
5		Uniform Disposition of Unclaimed Property Act.
6		Each month, the Commissioner of the Office of Banks and
7		Real Estate shall certify to the State Treasurer the actual
8		expenditures that the Office of Banks and Real Estate incurred
9		conducting unclaimed property examinations under the Uniform
10		Disposition of Unclaimed Property Act during the immediately
11		preceding month. Within a reasonable time following the
12		acceptance of such certification by the State Treasurer, the
13		State Treasurer shall pay from its appropriation from the State
14		Pensions Fund to the Bank and Trust Company Fund, the Savings
15		Bank Regulatory Fund, and the Residential Finance Regulatory
16		Fund an amount equal to the expenditures incurred by each Fund
17		for that month.
18		Each month, the Director of Financial Institutions shall
19		certify to the State Treasurer the actual expenditures that the
20		Department of Financial Institutions incurred conducting
21		unclaimed property examinations under the Uniform Disposition
22		of Unclaimed Property Act during the immediately preceding
23		month. Within a reasonable time following the acceptance of
24		such certification by the State Treasurer, the State Treasurer
25		shall pay from its appropriation from the State Pensions Fund
26		to the Financial Institution Fund and the Credit Union Fund an

HB4137 Engrossed - 124 - LRB099 07987 AMC 28127 b
1		amount equal to the expenditures incurred by each Fund for that
2		month.
3		(c) As soon as possible after the effective date of this
4		amendatory Act of the 93rd General Assembly, the General
5		Assembly shall appropriate from the State Pensions Fund (1) to
6		the State Universities Retirement System the amount certified
7		under Section 15-165 during the prior year, (2) to the Judges
8		Retirement System of Illinois the amount certified under
9		Section 18-140 during the prior year, and (3) to the General
10		Assembly Retirement System the amount certified under Section
11		2-134 during the prior year as part of the required State
12		contributions to each of those designated retirement systems;
13		except that amounts appropriated under this subsection (c) in
14		State fiscal year 2005 shall not reduce the amount in the State
15		Pensions Fund below $5,000,000. If the amount in the State
16		Pensions Fund does not exceed the sum of the amounts certified
17		in Sections 15-165, 18-140, and 2-134 by at least $5,000,000,
18		the amount paid to each designated retirement system under this
19		subsection shall be reduced in proportion to the amount
20		certified by each of those designated retirement systems.
21		(c-5) For fiscal years 2006 through 2015, the General
22		Assembly shall appropriate from the State Pensions Fund to the
23		State Universities Retirement System the amount estimated to be
24		available during the fiscal year in the State Pensions Fund;
25		provided, however, that the amounts appropriated under this
26		subsection (c-5) shall not reduce the amount in the State

HB4137 Engrossed - 125 - LRB099 07987 AMC 28127 b
1		Pensions Fund below $5,000,000.
2		(c-6) For fiscal year 2016 and each fiscal year thereafter,
3		as soon as may be practical after any money is deposited into
4		the State Pensions Fund from the Unclaimed Property Trust Fund,
5		the State Treasurer shall apportion the deposited amount among
6		the designated retirement systems as defined in subsection (a)
7		to reduce their actuarial reserve deficiencies. The State
8		Comptroller and State Treasurer shall pay the apportioned
9		amounts to the designated retirement systems to fund the
10		unfunded liabilities of the designated retirement systems. The
11		amount apportioned to each designated retirement system shall
12		constitute a portion of the amount estimated to be available
13		for appropriation from the State Pensions Fund that is the same
14		as that retirement system's portion of the total actual reserve
15		deficiency of the systems, as determined annually by the
16		Governor's Office of Management and Budget at the request of
17		the State Treasurer. The amounts apportioned under this
18		subsection shall not reduce the amount in the State Pensions
19		Fund below $5,000,000.
20		(d) The Governor's Office of Management and Budget shall
21		determine the individual and total reserve deficiencies of the
22		designated retirement systems. For this purpose, the
23		Governor's Office of Management and Budget shall utilize the
24		latest available audit and actuarial reports of each of the
25		retirement systems and the relevant reports and statistics of
26		the Public Employee Pension Fund Division of the Department of

HB4137 Engrossed - 126 - LRB099 07987 AMC 28127 b
1		Insurance.
2		(d-1) As soon as practicable after the effective date of
3		this amendatory Act of the 93rd General Assembly, the
4		Comptroller shall direct and the Treasurer shall transfer from
5		the State Pensions Fund to the General Revenue Fund, as funds
6		become available, a sum equal to the amounts that would have
7		been paid from the State Pensions Fund to the Teachers'
8		Retirement System of the State of Illinois, the State
9		Universities Retirement System, the Judges Retirement System
10		of Illinois, the General Assembly Retirement System, and the
11		State Employees' Retirement System of Illinois after the
12		effective date of this amendatory Act during the remainder of
13		fiscal year 2004 to the designated retirement systems from the
14		appropriations provided for in this Section if the transfers
15		provided in Section 6z-61 had not occurred. The transfers
16		described in this subsection (d-1) are to partially repay the
17		General Revenue Fund for the costs associated with the bonds
18		used to fund the moneys transferred to the designated
19		retirement systems under Section 6z-61.
20		(e) The changes to this Section made by this amendatory Act
21		of 1994 shall first apply to distributions from the Fund for
22		State fiscal year 1996.
23		(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
24		eff. 6-19-13; 98-463, eff. 8-16-13; 98-674, eff. 6-30-14;
25		98-1081, eff. 1-1-15; revised 10-1-14.)

HB4137 Engrossed - 127 - LRB099 07987 AMC 28127 b
1		Section 120. The Public Funds Investment Act is amended by
2		changing Section 6.5 as follows:
3		(30 ILCS 235/6.5)
4		Sec. 6.5. Federally insured deposits at Illinois financial
5		institutions.
6		(a) Notwithstanding any other provision of this Act or any
7		other statute, whenever a public agency invests public funds in
8		an interest-bearing savings account, demand deposit account,
9		interest-bearing certificate of deposit, or interest-bearing
10		time deposit under Section 2 of this Act, the provisions of
11		Section 6 of this Act and any other statutory requirements
12		pertaining to the eligibility of a bank to receive or hold
13		public deposits or to the pledging of collateral by a bank to
14		secure public deposits do not apply to any bank receiving or
15		holding all or part of the invested public funds if (i) the
16		public agency initiates the investment at or through a bank
17		located in Illinois and (ii) the invested public funds are at
18		all times fully insured by an agency or instrumentality of the
19		federal government.
20		(b) Nothing in this Section is intended to:
21		(1) prohibit a public agency from requiring the bank at
22		or through which the investment of public funds is
23		initiated to provide the public agency with the information
24		otherwise required by subsection (a), (b), or (c) of
25		Section 6 of this Act as a condition of investing the

HB4137 Engrossed - 128 - LRB099 07987 AMC 28127 b
1		public funds at or through that bank; or
2		(2) permit a bank to receive or hold public deposits if
3		that bank is prohibited from doing so by any rule,
4		sanction, or order issued by a regulatory agency or by a
5		court.
6		(c) For purposes of this Section, the term "bank" includes
7		any person doing a banking business whether subject to the laws
8		of this or any other jurisdiction.
9		(Source: P.A. 98-703, eff. 7-7-14; 98-756, eff. 7-16-14;
10		revised 10-2-14.)
11		Section 125. The Illinois Coal Technology Development
12		Assistance Act is amended by changing Section 3 as follows:
13		(30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)
14		Sec. 3. Transfers to Coal Technology Development
15		Assistance Fund Funds. As soon as may be practicable after the
16		first day of each month, the Department of Revenue shall
17		certify to the Treasurer an amount equal to 1/64 of the revenue
18		realized from the tax imposed by the Electricity Excise Tax
19		Law, Section 2 of the Public Utilities Revenue Act, Section 2
20		of the Messages Tax Act, and Section 2 of the Gas Revenue Tax
21		Act, during the preceding month. Upon receipt of the
22		certification, the Treasurer shall transfer the amount shown on
23		such certification from the General Revenue Fund to the Coal
24		Technology Development Assistance Fund, which is hereby

HB4137 Engrossed - 129 - LRB099 07987 AMC 28127 b
1		created as a special fund in the State treasury, except that no
2		transfer shall be made in any month in which the Fund has
3		reached the following balance:
4		(1) $7,000,000 during fiscal year 1994.
5		(2) $8,500,000 during fiscal year 1995.
6		(3) $10,000,000 during fiscal years 1996 and 1997.
7		(4) During fiscal year 1998 through fiscal year 2004,
8		an amount equal to the sum of $10,000,000 plus additional
9		moneys deposited into the Coal Technology Development
10		Assistance Fund from the Renewable Energy Resources and
11		Coal Technology Development Assistance Charge under
12		Section 6.5 of the Renewable Energy, Energy Efficiency, and
13		Coal Resources Development Law of 1997.
14		(5) During fiscal year 2005, an amount equal to the sum
15		of $7,000,000 plus additional moneys deposited into the
16		Coal Technology Development Assistance Fund from the
17		Renewable Energy Resources and Coal Technology Development
18		Assistance Charge under Section 6.5 of the Renewable
19		Energy, Energy Efficiency, and Coal Resources Development
20		Law of 1997.
21		(6) During fiscal year 2006 and each fiscal year
22		thereafter, an amount equal to the sum of $10,000,000 plus
23		additional moneys deposited into the Coal Technology
24		Development Assistance Fund from the Renewable Energy
25		Resources and Coal Technology Development Assistance
26		Charge under Section 6.5 of the Renewable Energy, Energy

HB4137 Engrossed - 130 - LRB099 07987 AMC 28127 b
1		Efficiency, and Coal Resources Development Law of 1997.
2		(Source: P.A. 93-839, eff. 7-30-04; revised 12-1-14.)
3		Section 130. The Charitable Trust Stabilization Act is
4		amended by changing Section 10 as follows:
5		(30 ILCS 790/10)
6		Sec. 10. The Charitable Trust Stabilization Committee.
7		(a) The Charitable Trust Stabilization Committee is
8		created. The Committee consists of the following members:
9		(1) the Attorney General or his or her designee, who
10		shall serve as co-chair of the Committee;
11		(2) a member that represents the Office of the State
12		Treasurer that is appointed by the Treasurer, who shall
13		serve as co-chair of the Committee;
14		(3) the Lieutenant Governor or his or her designee;
15		(4) the Director of Commerce and Economic Opportunity
16		or his or her designee;
17		(5) the chief executive officer of the Division of
18		Financial Institutions in the Department of Financial and
19		Professional Regulation Regulations or his or her
20		designee; and
21		(6) six private citizens, who shall serve a term of 6
22		years, appointed by the State Treasurer with advice and
23		consent of the Senate.
24		(b) The State Treasurer shall adopt rules, including

HB4137 Engrossed - 131 - LRB099 07987 AMC 28127 b
1		procedures and criteria for grant awards. The Committee must
2		meet at least once each calendar quarter, and it may establish
3		committees and officers as it deems necessary. For purposes of
4		Committee meetings, a quorum is a majority of the members.
5		Meetings of the Committee are subject to the Open Meetings Act.
6		The Committee must afford an opportunity for public comment at
7		each of its meetings.
8		(c) Committee members shall serve without compensation,
9		but may be reimbursed for their reasonable travel expenses from
10		funds available for that purpose. The Office of the State
11		Treasurer shall, subject to appropriation, provide staff and
12		administrative support services to the Committee.
13		(d) The State Treasurer shall administer the Charitable
14		Trust Stabilization Fund.
15		The State Treasurer may transfer all or a portion of the
16		balance of the fund to a third-party administrator to fulfill
17		the mission of the Committee and the purposes of the fund in
18		accordance with this Act and in compliance with Section 5(c) of
19		this Act.
20		(Source: P.A. 97-274, eff. 8-8-11; revised 12-1-14.)
21		Section 135. The State Mandates Act is amended by changing
22		Section 8.38 as follows:
23		(30 ILCS 805/8.38)
24		Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8

HB4137 Engrossed - 132 - LRB099 07987 AMC 28127 b
1		of this Act, no reimbursement by the State is required for the
2		implementation of any mandate created by Public Act 98-641,
3		98-666, 98-729, 98-930, or 98-1027 this amendatory Act of the
4		98th General Assembly.
5		(Source: P.A. 98-641, eff. 6-9-14; 98-666, eff. 1-1-15; 98-729,
6		eff. 7-26-14; 98-930, eff. 1-1-15; 98-1027, eff. 1-1-15;
7		revised 10-6-14.)
8		Section 140. The Illinois Income Tax Act is amended by
9		changing Section 901 as follows:
10		(35 ILCS 5/901) (from Ch. 120, par. 9-901)
11		Sec. 901. Collection authority.
12		(a) In general.
13		The Department shall collect the taxes imposed by this Act.
14		The Department shall collect certified past due child support
15		amounts under Section 2505-650 of the Department of Revenue Law
16		(20 ILCS 2505/2505-650). Except as provided in subsections (c),
17		(e), (f), (g), and (h) of this Section, money collected
18		pursuant to subsections (a) and (b) of Section 201 of this Act
19		shall be paid into the General Revenue Fund in the State
20		treasury; money collected pursuant to subsections (c) and (d)
21		of Section 201 of this Act shall be paid into the Personal
22		Property Tax Replacement Fund, a special fund in the State
23		Treasury; and money collected under Section 2505-650 of the
24		Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid

HB4137 Engrossed - 133 - LRB099 07987 AMC 28127 b
1		into the Child Support Enforcement Trust Fund, a special fund
2		outside the State Treasury, or to the State Disbursement Unit
3		established under Section 10-26 of the Illinois Public Aid
4		Code, as directed by the Department of Healthcare and Family
5		Services.
6		(b) Local Government Distributive Fund.
7		Beginning August 1, 1969, and continuing through June 30,
8		1994, the Treasurer shall transfer each month from the General
9		Revenue Fund to a special fund in the State treasury, to be
10		known as the "Local Government Distributive Fund", an amount
11		equal to 1/12 of the net revenue realized from the tax imposed
12		by subsections (a) and (b) of Section 201 of this Act during
13		the preceding month. Beginning July 1, 1994, and continuing
14		through June 30, 1995, the Treasurer shall transfer each month
15		from the General Revenue Fund to the Local Government
16		Distributive Fund an amount equal to 1/11 of the net revenue
17		realized from the tax imposed by subsections (a) and (b) of
18		Section 201 of this Act during the preceding month. Beginning
19		July 1, 1995 and continuing through January 31, 2011, the
20		Treasurer shall transfer each month from the General Revenue
21		Fund to the Local Government Distributive Fund an amount equal
22		to the net of (i) 1/10 of the net revenue realized from the tax
23		imposed by subsections (a) and (b) of Section 201 of the
24		Illinois Income Tax Act during the preceding month (ii) minus,
25		beginning July 1, 2003 and ending June 30, 2004, $6,666,666,
26		and beginning July 1, 2004, zero. Beginning February 1, 2011,

HB4137 Engrossed - 134 - LRB099 07987 AMC 28127 b
1		and continuing through January 31, 2015, the Treasurer shall
2		transfer each month from the General Revenue Fund to the Local
3		Government Distributive Fund an amount equal to the sum of (i)
4		6% (10% of the ratio of the 3% individual income tax rate prior
5		to 2011 to the 5% individual income tax rate after 2010) of the
6		net revenue realized from the tax imposed by subsections (a)
7		and (b) of Section 201 of this Act upon individuals, trusts,
8		and estates during the preceding month and (ii) 6.86% (10% of
9		the ratio of the 4.8% corporate income tax rate prior to 2011
10		to the 7% corporate income tax rate after 2010) of the net
11		revenue realized from the tax imposed by subsections (a) and
12		(b) of Section 201 of this Act upon corporations during the
13		preceding month. Beginning February 1, 2015 and continuing
14		through January 31, 2025, the Treasurer shall transfer each
15		month from the General Revenue Fund to the Local Government
16		Distributive Fund an amount equal to the sum of (i) 8% (10% of
17		the ratio of the 3% individual income tax rate prior to 2011 to
18		the 3.75% individual income tax rate after 2014) of the net
19		revenue realized from the tax imposed by subsections (a) and
20		(b) of Section 201 of this Act upon individuals, trusts, and
21		estates during the preceding month and (ii) 9.14% (10% of the
22		ratio of the 4.8% corporate income tax rate prior to 2011 to
23		the 5.25% corporate income tax rate after 2014) of the net
24		revenue realized from the tax imposed by subsections (a) and
25		(b) of Section 201 of this Act upon corporations during the
26		preceding month. Beginning February 1, 2025, the Treasurer

HB4137 Engrossed - 135 - LRB099 07987 AMC 28127 b
1		shall transfer each month from the General Revenue Fund to the
2		Local Government Distributive Fund an amount equal to the sum
3		of (i) 9.23% (10% of the ratio of the 3% individual income tax
4		rate prior to 2011 to the 3.25% individual income tax rate
5		after 2024) of the net revenue realized from the tax imposed by
6		subsections (a) and (b) of Section 201 of this Act upon
7		individuals, trusts, and estates during the preceding month and
8		(ii) 10% of the net revenue realized from the tax imposed by
9		subsections (a) and (b) of Section 201 of this Act upon
10		corporations during the preceding month. Net revenue realized
11		for a month shall be defined as the revenue from the tax
12		imposed by subsections (a) and (b) of Section 201 of this Act
13		which is deposited in the General Revenue Fund, the Education
14		Assistance Fund, the Income Tax Surcharge Local Government
15		Distributive Fund, the Fund for the Advancement of Education,
16		and the Commitment to Human Services Fund during the month
17		minus the amount paid out of the General Revenue Fund in State
18		warrants during that same month as refunds to taxpayers for
19		overpayment of liability under the tax imposed by subsections
20		(a) and (b) of Section 201 of this Act.
21		Beginning on August 26, 2014 (the effective date of Public
22		Act 98-1052) this amendatory Act of the 98th General Assembly,
23		the Comptroller shall perform the transfers required by this
24		subsection (b) no later than 60 days after he or she receives
25		the certification from the Treasurer as provided in Section 1
26		of the State Revenue Sharing Act.

HB4137 Engrossed - 136 - LRB099 07987 AMC 28127 b
1		(c) Deposits Into Income Tax Refund Fund.
2		(1) Beginning on January 1, 1989 and thereafter, the
3		Department shall deposit a percentage of the amounts
4		collected pursuant to subsections (a) and (b)(1), (2), and
5		(3), of Section 201 of this Act into a fund in the State
6		treasury known as the Income Tax Refund Fund. The
7		Department shall deposit 6% of such amounts during the
8		period beginning January 1, 1989 and ending on June 30,
9		1989. Beginning with State fiscal year 1990 and for each
10		fiscal year thereafter, the percentage deposited into the
11		Income Tax Refund Fund during a fiscal year shall be the
12		Annual Percentage. For fiscal years 1999 through 2001, the
13		Annual Percentage shall be 7.1%. For fiscal year 2003, the
14		Annual Percentage shall be 8%. For fiscal year 2004, the
15		Annual Percentage shall be 11.7%. Upon the effective date
16		of this amendatory Act of the 93rd General Assembly, the
17		Annual Percentage shall be 10% for fiscal year 2005. For
18		fiscal year 2006, the Annual Percentage shall be 9.75%. For
19		fiscal year 2007, the Annual Percentage shall be 9.75%. For
20		fiscal year 2008, the Annual Percentage shall be 7.75%. For
21		fiscal year 2009, the Annual Percentage shall be 9.75%. For
22		fiscal year 2010, the Annual Percentage shall be 9.75%. For
23		fiscal year 2011, the Annual Percentage shall be 8.75%. For
24		fiscal year 2012, the Annual Percentage shall be 8.75%. For
25		fiscal year 2013, the Annual Percentage shall be 9.75%. For
26		fiscal year 2014, the Annual Percentage shall be 9.5%. For

HB4137 Engrossed - 137 - LRB099 07987 AMC 28127 b
1		fiscal year 2015, the Annual Percentage shall be 10%. For
2		all other fiscal years, the Annual Percentage shall be
3		calculated as a fraction, the numerator of which shall be
4		the amount of refunds approved for payment by the
5		Department during the preceding fiscal year as a result of
6		overpayment of tax liability under subsections (a) and
7		(b)(1), (2), and (3) of Section 201 of this Act plus the
8		amount of such refunds remaining approved but unpaid at the
9		end of the preceding fiscal year, minus the amounts
10		transferred into the Income Tax Refund Fund from the
11		Tobacco Settlement Recovery Fund, and the denominator of
12		which shall be the amounts which will be collected pursuant
13		to subsections (a) and (b)(1), (2), and (3) of Section 201
14		of this Act during the preceding fiscal year; except that
15		in State fiscal year 2002, the Annual Percentage shall in
16		no event exceed 7.6%. The Director of Revenue shall certify
17		the Annual Percentage to the Comptroller on the last
18		business day of the fiscal year immediately preceding the
19		fiscal year for which it is to be effective.
20		(2) Beginning on January 1, 1989 and thereafter, the
21		Department shall deposit a percentage of the amounts
22		collected pursuant to subsections (a) and (b)(6), (7), and
23		(8), (c) and (d) of Section 201 of this Act into a fund in
24		the State treasury known as the Income Tax Refund Fund. The
25		Department shall deposit 18% of such amounts during the
26		period beginning January 1, 1989 and ending on June 30,

HB4137 Engrossed - 138 - LRB099 07987 AMC 28127 b
1		1989. Beginning with State fiscal year 1990 and for each
2		fiscal year thereafter, the percentage deposited into the
3		Income Tax Refund Fund during a fiscal year shall be the
4		Annual Percentage. For fiscal years 1999, 2000, and 2001,
5		the Annual Percentage shall be 19%. For fiscal year 2003,
6		the Annual Percentage shall be 27%. For fiscal year 2004,
7		the Annual Percentage shall be 32%. Upon the effective date
8		of this amendatory Act of the 93rd General Assembly, the
9		Annual Percentage shall be 24% for fiscal year 2005. For
10		fiscal year 2006, the Annual Percentage shall be 20%. For
11		fiscal year 2007, the Annual Percentage shall be 17.5%. For
12		fiscal year 2008, the Annual Percentage shall be 15.5%. For
13		fiscal year 2009, the Annual Percentage shall be 17.5%. For
14		fiscal year 2010, the Annual Percentage shall be 17.5%. For
15		fiscal year 2011, the Annual Percentage shall be 17.5%. For
16		fiscal year 2012, the Annual Percentage shall be 17.5%. For
17		fiscal year 2013, the Annual Percentage shall be 14%. For
18		fiscal year 2014, the Annual Percentage shall be 13.4%. For
19		fiscal year 2015, the Annual Percentage shall be 14%. For
20		all other fiscal years, the Annual Percentage shall be
21		calculated as a fraction, the numerator of which shall be
22		the amount of refunds approved for payment by the
23		Department during the preceding fiscal year as a result of
24		overpayment of tax liability under subsections (a) and
25		(b)(6), (7), and (8), (c) and (d) of Section 201 of this
26		Act plus the amount of such refunds remaining approved but

HB4137 Engrossed - 139 - LRB099 07987 AMC 28127 b
1		unpaid at the end of the preceding fiscal year, and the
2		denominator of which shall be the amounts which will be
3		collected pursuant to subsections (a) and (b)(6), (7), and
4		(8), (c) and (d) of Section 201 of this Act during the
5		preceding fiscal year; except that in State fiscal year
6		2002, the Annual Percentage shall in no event exceed 23%.
7		The Director of Revenue shall certify the Annual Percentage
8		to the Comptroller on the last business day of the fiscal
9		year immediately preceding the fiscal year for which it is
10		to be effective.
11		(3) The Comptroller shall order transferred and the
12		Treasurer shall transfer from the Tobacco Settlement
13		Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
14		in January, 2001, (ii) $35,000,000 in January, 2002, and
15		(iii) $35,000,000 in January, 2003.
16		(d) Expenditures from Income Tax Refund Fund.
17		(1) Beginning January 1, 1989, money in the Income Tax
18		Refund Fund shall be expended exclusively for the purpose
19		of paying refunds resulting from overpayment of tax
20		liability under Section 201 of this Act, for paying rebates
21		under Section 208.1 in the event that the amounts in the
22		Homeowners' Tax Relief Fund are insufficient for that
23		purpose, and for making transfers pursuant to this
24		subsection (d).
25		(2) The Director shall order payment of refunds
26		resulting from overpayment of tax liability under Section

HB4137 Engrossed - 140 - LRB099 07987 AMC 28127 b
1		201 of this Act from the Income Tax Refund Fund only to the
2		extent that amounts collected pursuant to Section 201 of
3		this Act and transfers pursuant to this subsection (d) and
4		item (3) of subsection (c) have been deposited and retained
5		in the Fund.
6		(3) As soon as possible after the end of each fiscal
7		year, the Director shall order transferred and the State
8		Treasurer and State Comptroller shall transfer from the
9		Income Tax Refund Fund to the Personal Property Tax
10		Replacement Fund an amount, certified by the Director to
11		the Comptroller, equal to the excess of the amount
12		collected pursuant to subsections (c) and (d) of Section
13		201 of this Act deposited into the Income Tax Refund Fund
14		during the fiscal year over the amount of refunds resulting
15		from overpayment of tax liability under subsections (c) and
16		(d) of Section 201 of this Act paid from the Income Tax
17		Refund Fund during the fiscal year.
18		(4) As soon as possible after the end of each fiscal
19		year, the Director shall order transferred and the State
20		Treasurer and State Comptroller shall transfer from the
21		Personal Property Tax Replacement Fund to the Income Tax
22		Refund Fund an amount, certified by the Director to the
23		Comptroller, equal to the excess of the amount of refunds
24		resulting from overpayment of tax liability under
25		subsections (c) and (d) of Section 201 of this Act paid
26		from the Income Tax Refund Fund during the fiscal year over

HB4137 Engrossed - 141 - LRB099 07987 AMC 28127 b
1		the amount collected pursuant to subsections (c) and (d) of
2		Section 201 of this Act deposited into the Income Tax
3		Refund Fund during the fiscal year.
4		(4.5) As soon as possible after the end of fiscal year
5		1999 and of each fiscal year thereafter, the Director shall
6		order transferred and the State Treasurer and State
7		Comptroller shall transfer from the Income Tax Refund Fund
8		to the General Revenue Fund any surplus remaining in the
9		Income Tax Refund Fund as of the end of such fiscal year;
10		excluding for fiscal years 2000, 2001, and 2002 amounts
11		attributable to transfers under item (3) of subsection (c)
12		less refunds resulting from the earned income tax credit.
13		(5) This Act shall constitute an irrevocable and
14		continuing appropriation from the Income Tax Refund Fund
15		for the purpose of paying refunds upon the order of the
16		Director in accordance with the provisions of this Section.
17		(e) Deposits into the Education Assistance Fund and the
18		Income Tax Surcharge Local Government Distributive Fund.
19		On July 1, 1991, and thereafter, of the amounts collected
20		pursuant to subsections (a) and (b) of Section 201 of this Act,
21		minus deposits into the Income Tax Refund Fund, the Department
22		shall deposit 7.3% into the Education Assistance Fund in the
23		State Treasury. Beginning July 1, 1991, and continuing through
24		January 31, 1993, of the amounts collected pursuant to
25		subsections (a) and (b) of Section 201 of the Illinois Income
26		Tax Act, minus deposits into the Income Tax Refund Fund, the

HB4137 Engrossed - 142 - LRB099 07987 AMC 28127 b
1		Department shall deposit 3.0% into the Income Tax Surcharge
2		Local Government Distributive Fund in the State Treasury.
3		Beginning February 1, 1993 and continuing through June 30,
4		1993, of the amounts collected pursuant to subsections (a) and
5		(b) of Section 201 of the Illinois Income Tax Act, minus
6		deposits into the Income Tax Refund Fund, the Department shall
7		deposit 4.4% into the Income Tax Surcharge Local Government
8		Distributive Fund in the State Treasury. Beginning July 1,
9		1993, and continuing through June 30, 1994, of the amounts
10		collected under subsections (a) and (b) of Section 201 of this
11		Act, minus deposits into the Income Tax Refund Fund, the
12		Department shall deposit 1.475% into the Income Tax Surcharge
13		Local Government Distributive Fund in the State Treasury.
14		(f) Deposits into the Fund for the Advancement of
15		Education. Beginning February 1, 2015, the Department shall
16		deposit the following portions of the revenue realized from the
17		tax imposed upon individuals, trusts, and estates by
18		subsections (a) and (b) of Section 201 of this Act during the
19		preceding month, minus deposits into the Income Tax Refund
20		Fund, into the Fund for the Advancement of Education:
21		(1) beginning February 1, 2015, and prior to February
22		1, 2025, 1/30; and
23		(2) beginning February 1, 2025, 1/26.
24		If the rate of tax imposed by subsection (a) and (b) of
25		Section 201 is reduced pursuant to Section 201.5 of this Act,
26		the Department shall not make the deposits required by this

HB4137 Engrossed - 143 - LRB099 07987 AMC 28127 b
1		subsection (f) on or after the effective date of the reduction.
2		(g) Deposits into the Commitment to Human Services Fund.
3		Beginning February 1, 2015, the Department shall deposit the
4		following portions of the revenue realized from the tax imposed
5		upon individuals, trusts, and estates by subsections (a) and
6		(b) of Section 201 of this Act during the preceding month,
7		minus deposits into the Income Tax Refund Fund, into the
8		Commitment to Human Services Fund:
9		(1) beginning February 1, 2015, and prior to February
10		1, 2025, 1/30; and
11		(2) beginning February 1, 2025, 1/26.
12		If the rate of tax imposed by subsection (a) and (b) of
13		Section 201 is reduced pursuant to Section 201.5 of this Act,
14		the Department shall not make the deposits required by this
15		subsection (g) on or after the effective date of the reduction.
16		(h) Deposits into the Tax Compliance and Administration
17		Fund. Beginning on the first day of the first calendar month to
18		occur on or after August 26, 2014 (the effective date of Public
19		Act 98-1098) this amendatory Act of the 98th General Assembly,
20		each month the Department shall pay into the Tax Compliance and
21		Administration Fund, to be used, subject to appropriation, to
22		fund additional auditors and compliance personnel at the
23		Department, an amount equal to 1/12 of 5% of the cash receipts
24		collected during the preceding fiscal year by the Audit Bureau
25		of the Department from the tax imposed by subsections (a), (b),
26		(c), and (d) of Section 201 of this Act, net of deposits into

HB4137 Engrossed - 144 - LRB099 07987 AMC 28127 b
1		the Income Tax Refund Fund made from those cash receipts.
2		(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
3		eff. 6-19-13; 98-674, eff. 6-30-14; 98-1052, eff. 8-26-14;
4		98-1098, eff. 8-26-14; revised 9-26-14.)
5		Section 145. The Use Tax Act is amended by changing Section
6		2 as follows:
7		(35 ILCS 105/2) (from Ch. 120, par. 439.2)
8		Sec. 2. Definitions.
9		"Use" means the exercise by any person of any right or
10		power over tangible personal property incident to the ownership
11		of that property, except that it does not include the sale of
12		such property in any form as tangible personal property in the
13		regular course of business to the extent that such property is
14		not first subjected to a use for which it was purchased, and
15		does not include the use of such property by its owner for
16		demonstration purposes: Provided that the property purchased
17		is deemed to be purchased for the purpose of resale, despite
18		first being used, to the extent to which it is resold as an
19		ingredient of an intentionally produced product or by-product
20		of manufacturing. "Use" does not mean the demonstration use or
21		interim use of tangible personal property by a retailer before
22		he sells that tangible personal property. For watercraft or
23		aircraft, if the period of demonstration use or interim use by
24		the retailer exceeds 18 months, the retailer shall pay on the

HB4137 Engrossed - 145 - LRB099 07987 AMC 28127 b
1		retailers' original cost price the tax imposed by this Act, and
2		no credit for that tax is permitted if the watercraft or
3		aircraft is subsequently sold by the retailer. "Use" does not
4		mean the physical incorporation of tangible personal property,
5		to the extent not first subjected to a use for which it was
6		purchased, as an ingredient or constituent, into other tangible
7		personal property (a) which is sold in the regular course of
8		business or (b) which the person incorporating such ingredient
9		or constituent therein has undertaken at the time of such
10		purchase to cause to be transported in interstate commerce to
11		destinations outside the State of Illinois: Provided that the
12		property purchased is deemed to be purchased for the purpose of
13		resale, despite first being used, to the extent to which it is
14		resold as an ingredient of an intentionally produced product or
15		by-product of manufacturing.
16		"Watercraft" means a Class 2, Class 3, or Class 4
17		watercraft as defined in Section 3-2 of the Boat Registration
18		and Safety Act, a personal watercraft, or any boat equipped
19		with an inboard motor.
20		"Purchase at retail" means the acquisition of the ownership
21		of or title to tangible personal property through a sale at
22		retail.
23		"Purchaser" means anyone who, through a sale at retail,
24		acquires the ownership of tangible personal property for a
25		valuable consideration.
26		"Sale at retail" means any transfer of the ownership of or

HB4137 Engrossed - 146 - LRB099 07987 AMC 28127 b
1		title to tangible personal property to a purchaser, for the
2		purpose of use, and not for the purpose of resale in any form
3		as tangible personal property to the extent not first subjected
4		to a use for which it was purchased, for a valuable
5		consideration: Provided that the property purchased is deemed
6		to be purchased for the purpose of resale, despite first being
7		used, to the extent to which it is resold as an ingredient of
8		an intentionally produced product or by-product of
9		manufacturing. For this purpose, slag produced as an incident
10		to manufacturing pig iron or steel and sold is considered to be
11		an intentionally produced by-product of manufacturing. "Sale
12		at retail" includes any such transfer made for resale unless
13		made in compliance with Section 2c of the Retailers' Occupation
14		Tax Act, as incorporated by reference into Section 12 of this
15		Act. Transactions whereby the possession of the property is
16		transferred but the seller retains the title as security for
17		payment of the selling price are sales.
18		"Sale at retail" shall also be construed to include any
19		Illinois florist's sales transaction in which the purchase
20		order is received in Illinois by a florist and the sale is for
21		use or consumption, but the Illinois florist has a florist in
22		another state deliver the property to the purchaser or the
23		purchaser's donee in such other state.
24		Nonreusable tangible personal property that is used by
25		persons engaged in the business of operating a restaurant,
26		cafeteria, or drive-in is a sale for resale when it is

HB4137 Engrossed - 147 - LRB099 07987 AMC 28127 b
1		transferred to customers in the ordinary course of business as
2		part of the sale of food or beverages and is used to deliver,
3		package, or consume food or beverages, regardless of where
4		consumption of the food or beverages occurs. Examples of those
5		items include, but are not limited to nonreusable, paper and
6		plastic cups, plates, baskets, boxes, sleeves, buckets or other
7		containers, utensils, straws, placemats, napkins, doggie bags,
8		and wrapping or packaging materials that are transferred to
9		customers as part of the sale of food or beverages in the
10		ordinary course of business.
11		The purchase, employment and transfer of such tangible
12		personal property as newsprint and ink for the primary purpose
13		of conveying news (with or without other information) is not a
14		purchase, use or sale of tangible personal property.
15		"Selling price" means the consideration for a sale valued
16		in money whether received in money or otherwise, including
17		cash, credits, property other than as hereinafter provided, and
18		services, but not including the value of or credit given for
19		traded-in tangible personal property where the item that is
20		traded-in is of like kind and character as that which is being
21		sold, and shall be determined without any deduction on account
22		of the cost of the property sold, the cost of materials used,
23		labor or service cost or any other expense whatsoever, but does
24		not include interest or finance charges which appear as
25		separate items on the bill of sale or sales contract nor
26		charges that are added to prices by sellers on account of the

HB4137 Engrossed - 148 - LRB099 07987 AMC 28127 b
1		seller's tax liability under the "Retailers' Occupation Tax
2		Act", or on account of the seller's duty to collect, from the
3		purchaser, the tax that is imposed by this Act, or, except as
4		otherwise provided with respect to any cigarette tax imposed by
5		a home rule unit, on account of the seller's tax liability
6		under any local occupation tax administered by the Department,
7		or, except as otherwise provided with respect to any cigarette
8		tax imposed by a home rule unit on account of the seller's duty
9		to collect, from the purchasers, the tax that is imposed under
10		any local use tax administered by the Department. Effective
11		December 1, 1985, "selling price" shall include charges that
12		are added to prices by sellers on account of the seller's tax
13		liability under the Cigarette Tax Act, on account of the
14		seller's duty to collect, from the purchaser, the tax imposed
15		under the Cigarette Use Tax Act, and on account of the seller's
16		duty to collect, from the purchaser, any cigarette tax imposed
17		by a home rule unit.
18		Notwithstanding any law to the contrary, for any motor
19		vehicle, as defined in Section 1-146 of the Vehicle Code, that
20		is sold on or after January 1, 2015 for the purpose of leasing
21		the vehicle for a defined period that is longer than one year
22		and (1) is a motor vehicle of the second division that: (A) is
23		a self-contained motor vehicle designed or permanently
24		converted to provide living quarters for recreational,
25		camping, or travel use, with direct walk through access to the
26		living quarters from the driver's seat; (B) is of the van

HB4137 Engrossed - 149 - LRB099 07987 AMC 28127 b
1		configuration designed for the transportation of not less than
2		7 nor more than 16 passengers; or (C) has a gross vehicle
3		weight rating of 8,000 pounds or less or (2) is a motor vehicle
4		of the first division, "selling price" or "amount of sale"
5		means the consideration received by the lessor pursuant to the
6		lease contract, including amounts due at lease signing and all
7		monthly or other regular payments charged over the term of the
8		lease. Also included in the selling price is any amount
9		received by the lessor from the lessee for the leased vehicle
10		that is not calculated at the time the lease is executed,
11		including, but not limited to, excess mileage charges and
12		charges for excess wear and tear. For sales that occur in
13		Illinois, with respect to any amount received by the lessor
14		from the lessee for the leased vehicle that is not calculated
15		at the time the lease is executed, the lessor who purchased the
16		motor vehicle does not incur the tax imposed by the Use Tax Act
17		on those amounts, and the retailer who makes the retail sale of
18		the motor vehicle to the lessor is not required to collect the
19		tax imposed by this Act or to pay the tax imposed by the
20		Retailers' Occupation Tax Act on those amounts. However, the
21		lessor who purchased the motor vehicle assumes the liability
22		for reporting and paying the tax on those amounts directly to
23		the Department in the same form (Illinois Retailers' Occupation
24		Tax, and local retailers' occupation taxes, if applicable) in
25		which the retailer would have reported and paid such tax if the
26		retailer had accounted for the tax to the Department. For

HB4137 Engrossed - 150 - LRB099 07987 AMC 28127 b
1		amounts received by the lessor from the lessee that are not
2		calculated at the time the lease is executed, the lessor must
3		file the return and pay the tax to the Department by the due
4		date otherwise required by this Act for returns other than
5		transaction returns. If the retailer is entitled under this Act
6		to a discount for collecting and remitting the tax imposed
7		under this Act to the Department with respect to the sale of
8		the motor vehicle to the lessor, then the right to the discount
9		provided in this Act shall be transferred to the lessor with
10		respect to the tax paid by the lessor for any amount received
11		by the lessor from the lessee for the leased vehicle that is
12		not calculated at the time the lease is executed; provided that
13		the discount is only allowed if the return is timely filed and
14		for amounts timely paid. The "selling price" of a motor vehicle
15		that is sold on or after January 1, 2015 for the purpose of
16		leasing for a defined period of longer than one year shall not
17		be reduced by the value of or credit given for traded-in
18		tangible personal property owned by the lessor, nor shall it be
19		reduced by the value of or credit given for traded-in tangible
20		personal property owned by the lessee, regardless of whether
21		the trade-in value thereof is assigned by the lessee to the
22		lessor. In the case of a motor vehicle that is sold for the
23		purpose of leasing for a defined period of longer than one
24		year, the sale occurs at the time of the delivery of the
25		vehicle, regardless of the due date of any lease payments. A
26		lessor who incurs a Retailers' Occupation Tax liability on the

HB4137 Engrossed - 151 - LRB099 07987 AMC 28127 b
1		sale of a motor vehicle coming off lease may not take a credit
2		against that liability for the Use Tax the lessor paid upon the
3		purchase of the motor vehicle (or for any tax the lessor paid
4		with respect to any amount received by the lessor from the
5		lessee for the leased vehicle that was not calculated at the
6		time the lease was executed) if the selling price of the motor
7		vehicle at the time of purchase was calculated using the
8		definition of "selling price" as defined in this paragraph.
9		Notwithstanding any other provision of this Act to the
10		contrary, lessors shall file all returns and make all payments
11		required under this paragraph to the Department by electronic
12		means in the manner and form as required by the Department.
13		This paragraph does not apply to leases of motor vehicles for
14		which, at the time the lease is entered into, the term of the
15		lease is not a defined period, including leases with a defined
16		initial period with the option to continue the lease on a
17		month-to-month or other basis beyond the initial defined
18		period.
19		The phrase "like kind and character" shall be liberally
20		construed (including but not limited to any form of motor
21		vehicle for any form of motor vehicle, or any kind of farm or
22		agricultural implement for any other kind of farm or
23		agricultural implement), while not including a kind of item
24		which, if sold at retail by that retailer, would be exempt from
25		retailers' occupation tax and use tax as an isolated or
26		occasional sale.

HB4137 Engrossed - 152 - LRB099 07987 AMC 28127 b
1		"Department" means the Department of Revenue.
2		"Person" means any natural individual, firm, partnership,
3		association, joint stock company, joint adventure, public or
4		private corporation, limited liability company, or a receiver,
5		executor, trustee, guardian or other representative appointed
6		by order of any court.
7		"Retailer" means and includes every person engaged in the
8		business of making sales at retail as defined in this Section.
9		A person who holds himself or herself out as being engaged
10		(or who habitually engages) in selling tangible personal
11		property at retail is a retailer hereunder with respect to such
12		sales (and not primarily in a service occupation)
13		notwithstanding the fact that such person designs and produces
14		such tangible personal property on special order for the
15		purchaser and in such a way as to render the property of value
16		only to such purchaser, if such tangible personal property so
17		produced on special order serves substantially the same
18		function as stock or standard items of tangible personal
19		property that are sold at retail.
20		A person whose activities are organized and conducted
21		primarily as a not-for-profit service enterprise, and who
22		engages in selling tangible personal property at retail
23		(whether to the public or merely to members and their guests)
24		is a retailer with respect to such transactions, excepting only
25		a person organized and operated exclusively for charitable,
26		religious or educational purposes either (1), to the extent of

HB4137 Engrossed - 153 - LRB099 07987 AMC 28127 b
1		sales by such person to its members, students, patients or
2		inmates of tangible personal property to be used primarily for
3		the purposes of such person, or (2), to the extent of sales by
4		such person of tangible personal property which is not sold or
5		offered for sale by persons organized for profit. The selling
6		of school books and school supplies by schools at retail to
7		students is not "primarily for the purposes of" the school
8		which does such selling. This paragraph does not apply to nor
9		subject to taxation occasional dinners, social or similar
10		activities of a person organized and operated exclusively for
11		charitable, religious or educational purposes, whether or not
12		such activities are open to the public.
13		A person who is the recipient of a grant or contract under
14		Title VII of the Older Americans Act of 1965 (P.L. 92-258) and
15		serves meals to participants in the federal Nutrition Program
16		for the Elderly in return for contributions established in
17		amount by the individual participant pursuant to a schedule of
18		suggested fees as provided for in the federal Act is not a
19		retailer under this Act with respect to such transactions.
20		Persons who engage in the business of transferring tangible
21		personal property upon the redemption of trading stamps are
22		retailers hereunder when engaged in such business.
23		The isolated or occasional sale of tangible personal
24		property at retail by a person who does not hold himself out as
25		being engaged (or who does not habitually engage) in selling
26		such tangible personal property at retail or a sale through a

HB4137 Engrossed - 154 - LRB099 07987 AMC 28127 b
1		bulk vending machine does not make such person a retailer
2		hereunder. However, any person who is engaged in a business
3		which is not subject to the tax imposed by the "Retailers'
4		Occupation Tax Act" because of involving the sale of or a
5		contract to sell real estate or a construction contract to
6		improve real estate, but who, in the course of conducting such
7		business, transfers tangible personal property to users or
8		consumers in the finished form in which it was purchased, and
9		which does not become real estate, under any provision of a
10		construction contract or real estate sale or real estate sales
11		agreement entered into with some other person arising out of or
12		because of such nontaxable business, is a retailer to the
13		extent of the value of the tangible personal property so
14		transferred. If, in such transaction, a separate charge is made
15		for the tangible personal property so transferred, the value of
16		such property, for the purposes of this Act, is the amount so
17		separately charged, but not less than the cost of such property
18		to the transferor; if no separate charge is made, the value of
19		such property, for the purposes of this Act, is the cost to the
20		transferor of such tangible personal property.
21		"Retailer maintaining a place of business in this State",
22		or any like term, means and includes any of the following
23		retailers:
24		1. A retailer having or maintaining within this State,
25		directly or by a subsidiary, an office, distribution house,
26		sales house, warehouse or other place of business, or any

HB4137 Engrossed - 155 - LRB099 07987 AMC 28127 b
1		agent or other representative operating within this State
2		under the authority of the retailer or its subsidiary,
3		irrespective of whether such place of business or agent or
4		other representative is located here permanently or
5		temporarily, or whether such retailer or subsidiary is
6		licensed to do business in this State. However, the
7		ownership of property that is located at the premises of a
8		printer with which the retailer has contracted for printing
9		and that consists of the final printed product, property
10		that becomes a part of the final printed product, or copy
11		from which the printed product is produced shall not result
12		in the retailer being deemed to have or maintain an office,
13		distribution house, sales house, warehouse, or other place
14		of business within this State.
15		1.1. A retailer having a contract with a person located
16		in this State under which the person, for a commission or
17		other consideration based upon the sale of tangible
18		personal property by the retailer, directly or indirectly
19		refers potential customers to the retailer by providing to
20		the potential customers a promotional code or other
21		mechanism that allows the retailer to track purchases
22		referred by such persons. Examples of mechanisms that allow
23		the retailer to track purchases referred by such persons
24		include but are not limited to the use of a link on the
25		person's Internet website, promotional codes distributed
26		through the person's hand-delivered or mailed material,

HB4137 Engrossed - 156 - LRB099 07987 AMC 28127 b
1		and promotional codes distributed by the person through
2		radio or other broadcast media. The provisions of this
3		paragraph 1.1 shall apply only if the cumulative gross
4		receipts from sales of tangible personal property by the
5		retailer to customers who are referred to the retailer by
6		all persons in this State under such contracts exceed
7		$10,000 during the preceding 4 quarterly periods ending on
8		the last day of March, June, September, and December. A
9		retailer meeting the requirements of this paragraph 1.1
10		shall be presumed to be maintaining a place of business in
11		this State but may rebut this presumption by submitting
12		proof that the referrals or other activities pursued within
13		this State by such persons were not sufficient to meet the
14		nexus standards of the United States Constitution during
15		the preceding 4 quarterly periods.
16		1.2. Beginning July 1, 2011, a retailer having a
17		contract with a person located in this State under which:
18		A. the retailer sells the same or substantially
19		similar line of products as the person located in this
20		State and does so using an identical or substantially
21		similar name, trade name, or trademark as the person
22		located in this State; and
23		B. the retailer provides a commission or other
24		consideration to the person located in this State based
25		upon the sale of tangible personal property by the
26		retailer.

HB4137 Engrossed - 157 - LRB099 07987 AMC 28127 b
1		The provisions of this paragraph 1.2 shall apply only if
2		the cumulative gross receipts from sales of tangible
3		personal property by the retailer to customers in this
4		State under all such contracts exceed $10,000 during the
5		preceding 4 quarterly periods ending on the last day of
6		March, June, September, and December.
7		2. A retailer soliciting orders for tangible personal
8		property by means of a telecommunication or television
9		shopping system (which utilizes toll free numbers) which is
10		intended by the retailer to be broadcast by cable
11		television or other means of broadcasting, to consumers
12		located in this State.
13		3. A retailer, pursuant to a contract with a
14		broadcaster or publisher located in this State, soliciting
15		orders for tangible personal property by means of
16		advertising which is disseminated primarily to consumers
17		located in this State and only secondarily to bordering
18		jurisdictions.
19		4. A retailer soliciting orders for tangible personal
20		property by mail if the solicitations are substantial and
21		recurring and if the retailer benefits from any banking,
22		financing, debt collection, telecommunication, or
23		marketing activities occurring in this State or benefits
24		from the location in this State of authorized installation,
25		servicing, or repair facilities.
26		5. A retailer that is owned or controlled by the same

HB4137 Engrossed - 158 - LRB099 07987 AMC 28127 b
1		interests that own or control any retailer engaging in
2		business in the same or similar line of business in this
3		State.
4		6. A retailer having a franchisee or licensee operating
5		under its trade name if the franchisee or licensee is
6		required to collect the tax under this Section.
7		7. A retailer, pursuant to a contract with a cable
8		television operator located in this State, soliciting
9		orders for tangible personal property by means of
10		advertising which is transmitted or distributed over a
11		cable television system in this State.
12		8. A retailer engaging in activities in Illinois, which
13		activities in the state in which the retail business
14		engaging in such activities is located would constitute
15		maintaining a place of business in that state.
16		"Bulk vending machine" means a vending machine, containing
17		unsorted confections, nuts, toys, or other items designed
18		primarily to be used or played with by children which, when a
19		coin or coins of a denomination not larger than $0.50 are
20		inserted, are dispensed in equal portions, at random and
21		without selection by the customer.
22		(Source: P.A. 98-628, eff. 1-1-15; 98-1080, eff. 8-26-14;
23		98-1089, eff. 1-1-15; revised 10-1-14.)
24		Section 150. The Cigarette Tax Act is amended by changing
25		Section 4g as follows:

HB4137 Engrossed - 159 - LRB099 07987 AMC 28127 b
1		(35 ILCS 130/4g)
2		(This Section may contain text from a Public Act with a
3		delayed effective date)
4		Sec. 4g. Retailer's license. Beginning on January 1, 2016,
5		no person may engage in business as a retailer of cigarettes in
6		this State without first having obtained a license from the
7		Department. Application for license shall be made to the
8		Department, by electronic means, in a form prescribed by the
9		Department. Each applicant for a license under this Section
10		shall furnish to the Department, in an electronic format
11		established by the Department, the following information:
12		(1) the name and address of the applicant;
13		(2) the address of the location at which the applicant
14		proposes to engage in business as a retailer of cigarettes
15		in this State; and
16		(3) such other additional information as the
17		Department may lawfully require by its rules and
18		regulations.
19		The annual license fee payable to the Department for each
20		retailer's license shall be $75. The fee shall be deposited
21		into the Tax Compliance and Administration Fund and shall be
22		for the cost of tobacco retail inspection and contraband
23		tobacco and tobacco smuggling with at least two-thirds of the
24		money being used for contraband tobacco and tobacco smuggling
25		operations and enforcement.

HB4137 Engrossed - 160 - LRB099 07987 AMC 28127 b
1		Each applicant for a license shall pay the fee to the
2		Department at the time of submitting its application for a
3		license to the Department. The Department shall require an
4		applicant for a license under this Section to electronically
5		file and pay the fee.
6		A separate annual license fee shall be paid for each place
7		of business at which a person who is required to procure a
8		retailer's license under this Section proposes to engage in
9		business as a retailer in Illinois under this Act.
10		The following are ineligible to receive a retailer's
11		license under this Act:
12		(1) a person who has been convicted of a felony related
13		to the illegal transportation, sale, or distribution of
14		cigarettes, or a tobacco-related felony, under any federal
15		or State law, if the Department, after investigation and a
16		hearing if requested by the applicant, determines that the
17		person has not been sufficiently rehabilitated to warrant
18		the public trust; or
19		(2) a corporation, if any officer, manager, or director
20		thereof, or any stockholder or stockholders owning in the
21		aggregate more than 5% of the stock of such corporation,
22		would not be eligible to receive a license under this Act
23		for any reason.
24		The Department, upon receipt of an application and license
25		fee, in proper form, from a person who is eligible to receive a
26		retailer's license under this Act, shall issue to such

HB4137 Engrossed - 161 - LRB099 07987 AMC 28127 b
1		applicant a license in form as prescribed by the Department.
2		That license shall permit the applicant to whom it is issued to
3		engage in business as a retailer under this Act at the place
4		shown in his or her application. All licenses issued by the
5		Department under this Section shall be valid for a period not
6		to exceed one year after issuance unless sooner revoked,
7		canceled, or suspended as provided in this Act. No license
8		issued under this Section is transferable or assignable. The
9		license shall be conspicuously displayed in the place of
10		business conducted by the licensee in Illinois under such
11		license. The Department shall not issue a retailer's license to
12		a retailer unless the retailer is also registered under the
13		Retailers' Occupation Tax Act. A person who obtains a license
14		as a retailer who ceases to do business as specified in the
15		license, or who never commenced business, or who obtains a
16		distributor's license, or whose license is suspended or
17		revoked, shall immediately surrender the license to the
18		Department.
19		Any person aggrieved by any decision of the Department
20		under this Section subsection may, within 30 days after notice
21		of the decision, protest and request a hearing. Upon receiving
22		a request for a hearing, the Department shall give written
23		notice to the person requesting the hearing of the time and
24		place fixed for the hearing and shall hold a hearing in
25		conformity with the provisions of this Act and then issue its
26		final administrative decision in the matter to that person. In

HB4137 Engrossed - 162 - LRB099 07987 AMC 28127 b
1		the absence of a protest and request for a hearing within 30
2		days, the Department's decision shall become final without any
3		further determination being made or notice given.
4		(Source: P.A. 98-1055, eff. 1-1-16; revised 12-1-14.)
5		Section 155. The Tobacco Products Tax Act of 1995 is
6		amended by changing Section 10-21 as follows:
7		(35 ILCS 143/10-21)
8		(This Section may contain text from a Public Act with a
9		delayed effective date)
10		Sec. 10-21. Retailer's license. Beginning on January 1,
11		2016, no person may engage in business as a retailer of tobacco
12		products in this State without first having obtained a license
13		from the Department. Application for license shall be made to
14		the Department, by electronic means, in a form prescribed by
15		the Department. Each applicant for a license under this Section
16		shall furnish to the Department, in an electronic format
17		established by the Department, the following information:
18		(1) the name and address of the applicant;
19		(2) the address of the location at which the applicant
20		proposes to engage in business as a retailer of tobacco
21		products in this State;
22		(3) such other additional information as the
23		Department may lawfully require by its rules and
24		regulations.

HB4137 Engrossed - 163 - LRB099 07987 AMC 28127 b
1		The annual license fee payable to the Department for each
2		retailer's license shall be $75. The fee will be deposited into
3		the Tax Compliance and Administration Fund and shall be used
4		for the cost of tobacco retail inspection and contraband
5		tobacco and tobacco smuggling with at least two-thirds of the
6		money being used for contraband tobacco and tobacco smuggling
7		operations and enforcement.
8		Each applicant for license shall pay such fee to the
9		Department at the time of submitting its application for
10		license to the Department. The Department shall require an
11		applicant for a license under this Section to electronically
12		file and pay the fee.
13		A separate annual license fee shall be paid for each place
14		of business at which a person who is required to procure a
15		retailer's license under this Section proposes to engage in
16		business as a retailer in Illinois under this Act.
17		The following are ineligible to receive a retailer's
18		license under this Act:
19		(1) a person who has been convicted of a felony under
20		any federal or State law for smuggling cigarettes or
21		tobacco products or tobacco tax evasion, if the Department,
22		after investigation and a hearing if requested by the
23		applicant, determines that such person has not been
24		sufficiently rehabilitated to warrant the public trust;
25		and
26		(2) a corporation, if any officer, manager or director

HB4137 Engrossed - 164 - LRB099 07987 AMC 28127 b
1		thereof, or any stockholder or stockholders owning in the
2		aggregate more than 5% of the stock of such corporation,
3		would not be eligible to receive a license under this Act
4		for any reason.
5		The Department, upon receipt of an application and license
6		fee, in proper form, from a person who is eligible to receive a
7		retailer's license under this Act, shall issue to such
8		applicant a license in form as prescribed by the Department,
9		which license shall permit the applicant to which it is issued
10		to engage in business as a retailer under this Act at the place
11		shown in his application. All licenses issued by the Department
12		under this Section shall be valid for a period not to exceed
13		one year after issuance unless sooner revoked, canceled or
14		suspended as provided in this Act. No license issued under this
15		Section is transferable or assignable. Such license shall be
16		conspicuously displayed in the place of business conducted by
17		the licensee in Illinois under such license. A person who
18		obtains a license as a retailer who ceases to do business as
19		specified in the license, or who never commenced business, or
20		who obtains a distributor's license, or whose license is
21		suspended or revoked, shall immediately surrender the license
22		to the Department. The Department shall not issue a license to
23		a retailer unless the retailer is also validly registered under
24		the Retailers Occupation Tax Act.
25		A retailer as defined under this Act need not obtain an
26		additional license under this Act, but shall be deemed to be

HB4137 Engrossed - 165 - LRB099 07987 AMC 28127 b
1		sufficiently licensed by virtue of his being properly licensed
2		as a retailer under Section 4g of the Cigarette Tax Act.
3		Any person aggrieved by any decision of the Department
4		under this Section subsection may, within 30 days after notice
5		of the decision, protest and request a hearing. Upon receiving
6		a request for a hearing, the Department shall give notice to
7		the person requesting the hearing of the time and place fixed
8		for the hearing and shall hold a hearing in conformity with the
9		provisions of this Act and then issue its final administrative
10		decision in the matter to that person. In the absence of a
11		protest and request for a hearing within 30 days, the
12		Department's decision shall become final without any further
13		determination being made or notice given.
14		(Source: P.A. 98-1055, eff. 1-1-16; revised 12-1-14.)
15		Section 160. The Local Government Disaster Service
16		Volunteer Act is amended by changing Section 15 as follows:
17		(50 ILCS 122/15)
18		Sec. 15. Local government disaster service volunteer
19		leave. An employee of a local agency who is a certified
20		disaster service volunteer of the American Red Cross or
21		assigned to the Illinois Emergency Management Agency in
22		accordance with the Illinois Emergency Management Agency Act,
23		the Emergency Management Assistance Compact Act, or other
24		applicable administrative rules may be granted leave from his

HB4137 Engrossed - 166 - LRB099 07987 AMC 28127 b
1		or her work with pay for not more than 20 working days in any
2		12-month period to participate in specialized disaster relief
3		services for the American Red Cross or for the Illinois
4		Emergency Management Agency, as the case may be, upon the
5		request of the American Red Cross or the Illinois Emergency
6		Management Agency for the services of that employee and upon
7		the approval of that employee's agency, without loss of
8		seniority, pay, vacation time, compensatory time, personal
9		days, sick time, or earned overtime accumulation. The agency
10		must compensate an employee granted leave under this Section at
11		his or her regular rate of pay for those regular work hours
12		during which the employee is absent from work. Leave under this
13		Act shall not be unreasonably denied for services related to a
14		disaster within the United States or its territories.
15		(Source: P.A. 92-95, eff. 7-18-01; 93-893, eff. 8-10-04;
16		revised 12-1-14.)
17		Section 165. The Illinois Police Training Act is amended by
18		changing Section 9 as follows:
19		(50 ILCS 705/9) (from Ch. 85, par. 509)
20		Sec. 9. A special fund is hereby established in the State
21		Treasury to be known as the "The Traffic and Criminal
22		Conviction Surcharge Fund" and shall be financed as provided in
23		Section 9.1 of this Act and Section 5-9-1 of the "Unified Code
24		of Corrections", unless the fines, costs, or additional amounts

HB4137 Engrossed - 167 - LRB099 07987 AMC 28127 b
1		imposed are subject to disbursement by the circuit clerk under
2		Section 27.5 of the Clerks of Courts Act. Moneys in this Fund
3		shall be expended as follows:
4		(1) a A portion of the total amount deposited in the
5		Fund may be used, as appropriated by the General Assembly,
6		for the ordinary and contingent expenses of the Illinois
7		Law Enforcement Training Standards Board;
8		(2) a A portion of the total amount deposited in the
9		Fund shall be appropriated for the reimbursement of local
10		governmental agencies participating in training programs
11		certified by the Board, in an amount equaling 1/2 of the
12		total sum paid by such agencies during the State's previous
13		fiscal year for mandated training for probationary police
14		officers or probationary county corrections officers and
15		for optional advanced and specialized law enforcement or
16		county corrections training; these . These reimbursements
17		may include the costs for tuition at training schools, the
18		salaries of trainees while in schools, and the necessary
19		travel and room and board expenses for each trainee; if . If
20		the appropriations under this paragraph (2) are not
21		sufficient to fully reimburse the participating local
22		governmental agencies, the available funds shall be
23		apportioned among such agencies, with priority first given
24		to repayment of the costs of mandatory training given to
25		law enforcement officer or county corrections officer
26		recruits, then to repayment of costs of advanced or

HB4137 Engrossed - 168 - LRB099 07987 AMC 28127 b
1		specialized training for permanent police officers or
2		permanent county corrections officers;
3		(3) a A portion of the total amount deposited in the
4		Fund may be used to fund the "Intergovernmental Law
5		Enforcement Officer's In-Service Training Act", veto
6		overridden October 29, 1981, as now or hereafter amended,
7		at a rate and method to be determined by the board;
8		(4) a A portion of the Fund also may be used by the
9		Illinois Department of State Police for expenses incurred
10		in the training of employees from any State, county or
11		municipal agency whose function includes enforcement of
12		criminal or traffic law;
13		(5) a A portion of the Fund may be used by the Board to
14		fund grant-in-aid programs and services for the training of
15		employees from any county or municipal agency whose
16		functions include corrections or the enforcement of
17		criminal or traffic law;
18		(6) for For fiscal years 2013, 2014, and 2015 only, a
19		portion of the Fund also may be used by the Department of
20		State Police to finance any of its lawful purposes or
21		functions; and
22		(7) a A portion of the Fund may be used by the Board,
23		subject to appropriation, to administer grants to local law
24		enforcement agencies for the purpose of purchasing
25		bulletproof vests under the Law Enforcement Officer
26		Bulletproof Vest Act.

HB4137 Engrossed - 169 - LRB099 07987 AMC 28127 b
1		All payments from the Traffic and Criminal Conviction
2		Surcharge Fund shall be made each year from moneys appropriated
3		for the purposes specified in this Section. No more than 50% of
4		any appropriation under this Act shall be spent in any city
5		having a population of more than 500,000. The State Comptroller
6		and the State Treasurer shall from time to time, at the
7		direction of the Governor, transfer from the Traffic and
8		Criminal Conviction Surcharge Fund to the General Revenue Fund
9		in the State Treasury such amounts as the Governor determines
10		are in excess of the amounts required to meet the obligations
11		of the Traffic and Criminal Conviction Surcharge Fund.
12		(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13;
13		98-674, eff. 6-30-14; 98-743, eff. 1-1-15; revised 10-1-14.)
14		Section 170. The Children's Advocacy Center Act is amended
15		by changing Section 4 as follows:
16		(55 ILCS 80/4) (from Ch. 23, par. 1804)
17		Sec. 4. Children's Advocacy Center.
18		(a) A CAC may be established to coordinate the activities
19		of the various agencies involved in the investigation,
20		prosecution and treatment of child maltreatment. The
21		individual county or regional Advisory Board shall set the
22		written protocol of the CAC within the appropriate
23		jurisdiction. The operation of the CAC may be funded through
24		public or private grants, contracts, donations, fees, and other

HB4137 Engrossed - 170 - LRB099 07987 AMC 28127 b
1		available sources under this Act. Each CAC shall operate to the
2		best of its ability in accordance with available funding. In
3		counties in which a referendum has been adopted under Section 5
4		of this Act, the Advisory Board, by the majority vote of its
5		members, shall submit a proposed annual budget for the
6		operation of the CAC to the county board, which shall
7		appropriate funds and levy a tax sufficient to operate the CAC.
8		The county board in each county in which a referendum has been
9		adopted shall establish a Children's Advocacy Center Fund and
10		shall deposit the net proceeds of the tax authorized by Section
11		6 of this Act in that Fund, which shall be kept separate from
12		all other county funds and shall only be used for the purposes
13		of this Act.
14		(b) The Advisory Board shall pay from the Children's
15		Advocacy Center Fund or from other available funds the salaries
16		of all employees of the Center and the expenses of acquiring a
17		physical plant for the Center by construction or lease and
18		maintaining the Center, including the expenses of
19		administering the coordination of the investigation,
20		prosecution and treatment referral of child maltreatment under
21		the provisions of the protocol adopted pursuant to this Act.
22		(c) Every CAC shall include at least the following
23		components:
24		(1) A multidisciplinary, coordinated systems approach
25		to the investigation of child maltreatment which shall
26		include, at a minimum: ;

HB4137 Engrossed - 171 - LRB099 07987 AMC 28127 b
1		(i) an interagency notification procedure;
2		(ii) a policy on multidisciplinary team
3		collaboration and communication that requires MDT
4		members share information pertinent to investigations
5		and the safety of children;
6		(iii) (blank);
7		(iv) a description of the role each agency has in
8		responding to a referral for services in an individual
9		case;
10		(v) a dispute resolution process between the
11		involved agencies when a conflict arises on how to
12		proceed on the referral of a particular case;
13		(vi) a process for the CAC to assist in the
14		forensic interview of children that witness alleged
15		crimes;
16		(vii) a child-friendly, trauma informed space for
17		children and their non-offending family members;
18		(viii) an MDT approach including law enforcement,
19		prosecution, medical, mental health, victim advocacy,
20		and other community resources;
21		(ix) medical evaluation on-site or off-site
22		through referral;
23		(x) mental health services on-site or off-site
24		through referral;
25		(xi) on-site forensic interviews;
26		(xii) culturally competent services;

HB4137 Engrossed - 172 - LRB099 07987 AMC 28127 b
1		(xiii) case tracking and review;
2		(xiv) case staffing on each investigation;
3		(xv) effective organizational capacity; and
4		(xvi) a policy or procedure to familiarize a child
5		and his or her non-offending family members or
6		guardians with the court process as well as
7		preparations for testifying in court, if necessary; .
8		(2) A safe, separate space with assigned personnel
9		designated for the investigation and coordination of child
10		maltreatment cases;
11		(3) A multidisciplinary case review process for
12		purposes of decision-making, problem solving, systems
13		coordination, and information sharing;
14		(4) A comprehensive client tracking system to receive
15		and coordinate information concerning child maltreatment
16		cases from each participating agency;
17		(5) Multidisciplinary specialized training for all
18		professionals involved with the victims and non-offending
19		family members in child maltreatment cases; and
20		(6) A process for evaluating the effectiveness of the
21		CAC and its operations.
22		(d) In the event that a CAC has been established as
23		provided in this Section, the Advisory Board of that CAC may,
24		by a majority vote of the members, authorize the CAC to
25		coordinate the activities of the various agencies involved in
26		the investigation, prosecution, and treatment referral in

HB4137 Engrossed - 173 - LRB099 07987 AMC 28127 b
1		cases of serious or fatal injury to a child. For CACs receiving
2		funds under Section 5 or 6 of this Act, the Advisory Board
3		shall provide for the financial support of these activities in
4		a manner similar to that set out in subsections (a) and (b) of
5		this Section and shall be allowed to submit a budget that
6		includes support for physical abuse and neglect activities to
7		the County Board, which shall appropriate funds that may be
8		available under Section 5 of this Act. In cooperation with the
9		Department of Children and Family Services Child Death Review
10		Teams, the Department of Children and Family Services Office of
11		the Inspector General, and other stakeholders, this protocol
12		must be initially implemented in selected counties to the
13		extent that State appropriations or funds from other sources
14		for this purpose allow.
15		(e) CACI may also provide technical assistance and guidance
16		to the Advisory Boards.
17		(Source: P.A. 98-809, eff. 1-1-15; revised 12-2-2014.)
18		Section 175. The Township Code is amended by changing
19		Section 30-50 as follows:
20		(60 ILCS 1/30-50)
21		Sec. 30-50. Purchase and use of property.
22		(a) The electors may make all orders for the purchase,
23		sale, conveyance, regulation, or use of the township's
24		corporate property (including the direct sale or lease of

HB4137 Engrossed - 174 - LRB099 07987 AMC 28127 b
1		single township road district property) that may be deemed
2		conducive to the interests of its inhabitants, including the
3		lease, for up to 10 years, or for up to 25 years if the lease is
4		for a wireless telecommunications tower, at fair market value,
5		of corporate property for which no use or need during the lease
6		period is anticipated at the time of leasing. The property may
7		be leased to another governmental body, however, or to a
8		not-for-profit corporation that has contracted to construct or
9		fund the construction of a structure or improvement upon the
10		real estate owned by the township and that has contracted with
11		the township to allow the township to use at least a portion of
12		the structure or improvement to be constructed upon the real
13		estate leased and not otherwise used by the township, for any
14		term not exceeding 50 years and for any consideration. In the
15		case of a not-for-profit corporation, the township shall hold a
16		public hearing on the proposed lease. The township clerk shall
17		give notice of the hearing by publication in a newspaper
18		published in the township, or in a newspaper published in the
19		county and having general circulation in the township if no
20		newspaper is published in the township, and by posting notices
21		in at least 5 public places at least 15 days before the public
22		hearing.
23		(b) If a new tax is to be levied or an existing tax rate is
24		to be increased above the statutory limits for the purchase of
25		the property, however, no action otherwise authorized in
26		subsection (a) shall be taken unless a petition signed by at

HB4137 Engrossed - 175 - LRB099 07987 AMC 28127 b
1		least 10% of the registered voters residing in the township is
2		presented to the township clerk. If a petition is presented to
3		the township clerk, the clerk shall order a referendum on the
4		proposition. The referendum shall be held at the next annual or
5		special township meeting or at an election in accordance with
6		the general election law. If the referendum is ordered to be
7		held at the township meeting, the township clerk shall give
8		notice that at the next annual or special township meeting the
9		proposition shall be voted upon. The notice shall set forth the
10		proposition and shall be given by publication in a newspaper
11		published in the township. If there is no newspaper published
12		in the township, the notice shall be published in a newspaper
13		published in the county and having general circulation in the
14		township. Notice also shall be given by posting notices in at
15		least 5 public places at least 15 days before the township
16		meeting. If the referendum is ordered to be held at an
17		election, the township clerk shall certify that proposition to
18		the proper election officials, who shall submit the proposition
19		at an election. The proposition shall be submitted in
20		accordance with the general election law.
21		(c) If the leased property is utilized in part for private
22		use and in part for public use, those portions of the
23		improvements devoted to private use are fully taxable. The land
24		is exempt from taxation to the extent that the uses on the land
25		are public and taxable to the extent that the uses are private.
26		(d) Before the township makes a lease or sale of township

HB4137 Engrossed - 176 - LRB099 07987 AMC 28127 b
1		or road district real property, the electors shall adopt a
2		resolution stating the intent to lease or sell the real
3		property, describing the property in full, and stating the
4		terms and conditions the electors deem necessary and desirable
5		for the lease or sale. A resolution stating the intent to sell
6		real property shall also contain pertinent information
7		concerning the size, use, and zoning of the property. The value
8		of real property shall be determined by a State licensed real
9		estate appraiser. The appraisal shall be available for public
10		inspection. The resolution may direct the sale to be conducted
11		by the staff of the township or by listing with local licensed
12		real estate agencies (in which case the terms of the agent's
13		compensation shall be included in the resolution).
14		Anytime during the year, the township or township road
15		district may lease or sell personal property by a vote of the
16		township board or request of the township highway commissioner.
17		The clerk shall thereafter publish the resolution or
18		personal property sale notice once in a newspaper published in
19		the township or, if no newspaper is published in the township,
20		in a newspaper generally circulated in the township. If no
21		newspaper is generally circulated in the township, the clerk
22		shall post the resolution or personal property sale notice in 5
23		of the most public places in the township. In addition to the
24		foregoing publication requirements, the clerk shall post the
25		resolution or personal property sale notice at the office of
26		the township (if township property is involved) or at the

HB4137 Engrossed - 177 - LRB099 07987 AMC 28127 b
1		office of the road district (if road district property is
2		involved). The following information shall be published or
3		posted with the resolution or personal property sale notice:
4		(i) the date by which all bids must be received by the township
5		or road district, which shall not be less than 30 days after
6		the date of publication or posting, and (ii) the place, time,
7		and date at which bids shall be opened, which shall be at a
8		regular meeting of the township board.
9		All bids shall be opened by the clerk (or someone duly
10		appointed to act for the clerk) at the regular meeting of the
11		township board described in the notice. With respect to
12		township personal property, the township board may accept the
13		high bid or any other bid determined to be in the best
14		interests of the township by a majority vote of the board. With
15		respect to township real property, the township board may
16		accept the high bid or any other bid determined to be in the
17		best interests of the township by a vote of three-fourths of
18		the township board then holding office, but in no event at a
19		price less than 80% of the appraised value. With respect to
20		road district property, the highway commissioner may accept the
21		high bid or any other bid determined to be in the best
22		interests of the road district. In each case, the township
23		board or commissioner may reject any and all bids. This notice
24		and competitive bidding procedure shall not be followed when
25		property is leased to another governmental body. The notice and
26		competitive bidding procedure shall not be followed when real

HB4137 Engrossed - 178 - LRB099 07987 AMC 28127 b
1		or personal property is declared surplus by the township board
2		or the highway commissioner and sold to another governmental
3		body.
4		The township board or the highway commissioner may
5		authorize the sale of personal property by public auction
6		conducted by an auctioneer licensed under the Auction License
7		Act or through an approved Internet auction service.
8		(e) A trade-in of machinery or equipment on new or
9		different machinery or equipment does not constitute the sale
10		of township or road district property.
11		(Source: P.A. 97-337, eff. 8-12-11; 98-549, eff. 8-26-13;
12		98-653, eff. 6-18-14; revised 6-24-14.)
13		Section 180. The Illinois Municipal Code is amended by
14		changing Sections 10-1-7.1, 10-2.1-6.3, 11-12-5, and
15		11-74.4-3.5 as follows:
16		(65 ILCS 5/10-1-7.1)
17		Sec. 10-1-7.1. Original appointments; full-time fire
18		department.
19		(a) Applicability. Unless a commission elects to follow the
20		provisions of Section 10-1-7.2, this Section shall apply to all
21		original appointments to an affected full-time fire
22		department. Existing registers of eligibles shall continue to
23		be valid until their expiration dates, or up to a maximum of 2
24		years after the effective date of this amendatory Act of the

HB4137 Engrossed - 179 - LRB099 07987 AMC 28127 b
1		97th General Assembly.
2		Notwithstanding any statute, ordinance, rule, or other law
3		to the contrary, all original appointments to an affected
4		department to which this Section applies shall be administered
5		in the manner provided for in this Section. Provisions of the
6		Illinois Municipal Code, municipal ordinances, and rules
7		adopted pursuant to such authority and other laws relating to
8		initial hiring of firefighters in affected departments shall
9		continue to apply to the extent they are compatible with this
10		Section, but in the event of a conflict between this Section
11		and any other law, this Section shall control.
12		A home rule or non-home rule municipality may not
13		administer its fire department process for original
14		appointments in a manner that is less stringent than this
15		Section. This Section is a limitation under subsection (i) of
16		Section 6 of Article VII of the Illinois Constitution on the
17		concurrent exercise by home rule units of the powers and
18		functions exercised by the State.
19		A municipality that is operating under a court order or
20		consent decree regarding original appointments to a full-time
21		fire department before the effective date of this amendatory
22		Act of the 97th General Assembly is exempt from the
23		requirements of this Section for the duration of the court
24		order or consent decree.
25		Notwithstanding any other provision of this subsection
26		(a), this Section does not apply to a municipality with more

HB4137 Engrossed - 180 - LRB099 07987 AMC 28127 b
1		than 1,000,000 inhabitants.
2		(b) Original appointments. All original appointments made
3		to an affected fire department shall be made from a register of
4		eligibles established in accordance with the processes
5		established by this Section. Only persons who meet or exceed
6		the performance standards required by this Section shall be
7		placed on a register of eligibles for original appointment to
8		an affected fire department.
9		Whenever an appointing authority authorizes action to hire
10		a person to perform the duties of a firefighter or to hire a
11		firefighter-paramedic to fill a position that is a new position
12		or vacancy due to resignation, discharge, promotion, death, the
13		granting of a disability or retirement pension, or any other
14		cause, the appointing authority shall appoint to that position
15		the person with the highest ranking on the final eligibility
16		list. If the appointing authority has reason to conclude that
17		the highest ranked person fails to meet the minimum standards
18		for the position or if the appointing authority believes an
19		alternate candidate would better serve the needs of the
20		department, then the appointing authority has the right to pass
21		over the highest ranked person and appoint either: (i) any
22		person who has a ranking in the top 5% of the register of
23		eligibles or (ii) any person who is among the top 5 highest
24		ranked persons on the list of eligibles if the number of people
25		who have a ranking in the top 5% of the register of eligibles
26		is less than 5 people.

HB4137 Engrossed - 181 - LRB099 07987 AMC 28127 b
1		Any candidate may pass on an appointment once without
2		losing his or her position on the register of eligibles. Any
3		candidate who passes a second time may be removed from the list
4		by the appointing authority provided that such action shall not
5		prejudice a person's opportunities to participate in future
6		examinations, including an examination held during the time a
7		candidate is already on the municipality's register of
8		eligibles.
9		The sole authority to issue certificates of appointment
10		shall be vested in the Civil Service Commission. All
11		certificates of appointment issued to any officer or member of
12		an affected department shall be signed by the chairperson and
13		secretary, respectively, of the commission upon appointment of
14		such officer or member to the affected department by the
15		commission. Each person who accepts a certificate of
16		appointment and successfully completes his or her probationary
17		period shall be enrolled as a firefighter and as a regular
18		member of the fire department.
19		For the purposes of this Section, "firefighter" means any
20		person who has been prior to, on, or after the effective date
21		of this amendatory Act of the 97th General Assembly appointed
22		to a fire department or fire protection district or employed by
23		a State university and sworn or commissioned to perform
24		firefighter duties or paramedic duties, or both, except that
25		the following persons are not included: part-time
26		firefighters; auxiliary, reserve, or voluntary firefighters,

HB4137 Engrossed - 182 - LRB099 07987 AMC 28127 b
1		including paid-on-call firefighters; clerks and dispatchers or
2		other civilian employees of a fire department or fire
3		protection district who are not routinely expected to perform
4		firefighter duties; and elected officials.
5		(c) Qualification for placement on register of eligibles.
6		The purpose of establishing a register of eligibles is to
7		identify applicants who possess and demonstrate the mental
8		aptitude and physical ability to perform the duties required of
9		members of the fire department in order to provide the highest
10		quality of service to the public. To this end, all applicants
11		for original appointment to an affected fire department shall
12		be subject to examination and testing which shall be public,
13		competitive, and open to all applicants unless the municipality
14		shall by ordinance limit applicants to residents of the
15		municipality, county or counties in which the municipality is
16		located, State, or nation. Any examination and testing
17		procedure utilized under subsection (e) of this Section shall
18		be supported by appropriate validation evidence and shall
19		comply with all applicable State state and federal laws.
20		Municipalities may establish educational, emergency medical
21		service licensure, and other pre-requisites for participation
22		in an examination or for hire as a firefighter. Any
23		municipality may charge a fee to cover the costs of the
24		application process.
25		Residency requirements in effect at the time an individual
26		enters the fire service of a municipality cannot be made more

HB4137 Engrossed - 183 - LRB099 07987 AMC 28127 b
1		restrictive for that individual during his or her period of
2		service for that municipality, or be made a condition of
3		promotion, except for the rank or position of fire chief and
4		for no more than 2 positions that rank immediately below that
5		of the chief rank which are appointed positions pursuant to the
6		Fire Department Promotion Act.
7		No person who is 35 years of age or older shall be eligible
8		to take an examination for a position as a firefighter unless
9		the person has had previous employment status as a firefighter
10		in the regularly constituted fire department of the
11		municipality, except as provided in this Section. The age
12		limitation does not apply to:
13		(1) any person previously employed as a full-time
14		firefighter in a regularly constituted fire department of
15		(i) any municipality or fire protection district located in
16		Illinois, (ii) a fire protection district whose
17		obligations were assumed by a municipality under Section 21
18		of the Fire Protection District Act, or (iii) a
19		municipality whose obligations were taken over by a fire
20		protection district, or
21		(2) any person who has served a municipality as a
22		regularly enrolled volunteer, paid-on-call, or part-time
23		firefighter for the 5 years immediately preceding the time
24		that the municipality begins to use full-time firefighters
25		to provide all or part of its fire protection service.
26		No person who is under 21 years of age shall be eligible

HB4137 Engrossed - 184 - LRB099 07987 AMC 28127 b
1		for employment as a firefighter.
2		No applicant shall be examined concerning his or her
3		political or religious opinions or affiliations. The
4		examinations shall be conducted by the commissioners of the
5		municipality or their designees and agents.
6		No municipality shall require that any firefighter
7		appointed to the lowest rank serve a probationary employment
8		period of longer than one year of actual active employment,
9		which may exclude periods of training, or injury or illness
10		leaves, including duty related leave, in excess of 30 calendar
11		days. Notwithstanding anything to the contrary in this Section,
12		the probationary employment period limitation may be extended
13		for a firefighter who is required, as a condition of
14		employment, to be a licensed paramedic, during which time the
15		sole reason that a firefighter may be discharged without a
16		hearing is for failing to meet the requirements for paramedic
17		licensure.
18		In the event that any applicant who has been found eligible
19		for appointment and whose name has been placed upon the final
20		eligibility register provided for in this Division 1 has not
21		been appointed to a firefighter position within one year after
22		the date of his or her physical ability examination, the
23		commission may cause a second examination to be made of that
24		applicant's physical ability prior to his or her appointment.
25		If, after the second examination, the physical ability of the
26		applicant shall be found to be less than the minimum standard

HB4137 Engrossed - 185 - LRB099 07987 AMC 28127 b
1		fixed by the rules of the commission, the applicant shall not
2		be appointed. The applicant's name may be retained upon the
3		register of candidates eligible for appointment and when next
4		reached for certification and appointment that applicant may be
5		again examined as provided in this Section, and if the physical
6		ability of that applicant is found to be less than the minimum
7		standard fixed by the rules of the commission, the applicant
8		shall not be appointed, and the name of the applicant shall be
9		removed from the register.
10		(d) Notice, examination, and testing components. Notice of
11		the time, place, general scope, merit criteria for any
12		subjective component, and fee of every examination shall be
13		given by the commission, by a publication at least 2 weeks
14		preceding the examination: (i) in one or more newspapers
15		published in the municipality, or if no newspaper is published
16		therein, then in one or more newspapers with a general
17		circulation within the municipality, or (ii) on the
18		municipality's Internet website. Additional notice of the
19		examination may be given as the commission shall prescribe.
20		The examination and qualifying standards for employment of
21		firefighters shall be based on: mental aptitude, physical
22		ability, preferences, moral character, and health. The mental
23		aptitude, physical ability, and preference components shall
24		determine an applicant's qualification for and placement on the
25		final register of eligibles. The examination may also include a
26		subjective component based on merit criteria as determined by

HB4137 Engrossed - 186 - LRB099 07987 AMC 28127 b
1		the commission. Scores from the examination must be made
2		available to the public.
3		(e) Mental aptitude. No person who does not possess at
4		least a high school diploma or an equivalent high school
5		education shall be placed on a register of eligibles.
6		Examination of an applicant's mental aptitude shall be based
7		upon a written examination. The examination shall be practical
8		in character and relate to those matters that fairly test the
9		capacity of the persons examined to discharge the duties
10		performed by members of a fire department. Written examinations
11		shall be administered in a manner that ensures the security and
12		accuracy of the scores achieved.
13		(f) Physical ability. All candidates shall be required to
14		undergo an examination of their physical ability to perform the
15		essential functions included in the duties they may be called
16		upon to perform as a member of a fire department. For the
17		purposes of this Section, essential functions of the job are
18		functions associated with duties that a firefighter may be
19		called upon to perform in response to emergency calls. The
20		frequency of the occurrence of those duties as part of the fire
21		department's regular routine shall not be a controlling factor
22		in the design of examination criteria or evolutions selected
23		for testing. These physical examinations shall be open,
24		competitive, and based on industry standards designed to test
25		each applicant's physical abilities in the following
26		dimensions:

HB4137 Engrossed - 187 - LRB099 07987 AMC 28127 b
1		(1) Muscular strength to perform tasks and evolutions
2		that may be required in the performance of duties including
3		grip strength, leg strength, and arm strength. Tests shall
4		be conducted under anaerobic as well as aerobic conditions
5		to test both the candidate's speed and endurance in
6		performing tasks and evolutions. Tasks tested may be based
7		on standards developed, or approved, by the local
8		appointing authority.
9		(2) The ability to climb ladders, operate from heights,
10		walk or crawl in the dark along narrow and uneven surfaces,
11		and operate in proximity to hazardous environments.
12		(3) The ability to carry out critical, time-sensitive,
13		and complex problem solving during physical exertion in
14		stressful and hazardous environments. The testing
15		environment may be hot and dark with tightly enclosed
16		spaces, flashing lights, sirens, and other distractions.
17		The tests utilized to measure each applicant's
18		capabilities in each of these dimensions may be tests based on
19		industry standards currently in use or equivalent tests
20		approved by the Joint Labor-Management Committee of the Office
21		of the State Fire Marshal.
22		Physical ability examinations administered under this
23		Section shall be conducted with a reasonable number of proctors
24		and monitors, open to the public, and subject to reasonable
25		regulations of the commission.
26		(g) Scoring of examination components. Appointing

HB4137 Engrossed - 188 - LRB099 07987 AMC 28127 b
1		authorities may create a preliminary eligibility register. A
2		person shall be placed on the list based upon his or her
3		passage of the written examination or the passage of the
4		written examination and the physical ability component.
5		Passage of the written examination means attaining the minimum
6		score set by the commission. Minimum scores should be set by
7		the commission so as to demonstrate a candidate's ability to
8		perform the essential functions of the job. The minimum score
9		set by the commission shall be supported by appropriate
10		validation evidence and shall comply with all applicable State
11		state and federal laws. The appointing authority may conduct
12		the physical ability component and any subjective components
13		subsequent to the posting of the preliminary eligibility
14		register.
15		The examination components for an initial eligibility
16		register shall be graded on a 100-point scale. A person's
17		position on the list shall be determined by the following: (i)
18		the person's score on the written examination, (ii) the person
19		successfully passing the physical ability component, and (iii)
20		the person's results on any subjective component as described
21		in subsection (d).
22		In order to qualify for placement on the final eligibility
23		register, an applicant's score on the written examination,
24		before any applicable preference points or subjective points
25		are applied, shall be at or above the minimum score set by the
26		commission. The local appointing authority may prescribe the

HB4137 Engrossed - 189 - LRB099 07987 AMC 28127 b
1		score to qualify for placement on the final eligibility
2		register, but the score shall not be less than the minimum
3		score set by the commission.
4		The commission shall prepare and keep a register of persons
5		whose total score is not less than the minimum score for
6		passage and who have passed the physical ability examination.
7		These persons shall take rank upon the register as candidates
8		in the order of their relative excellence based on the highest
9		to the lowest total points scored on the mental aptitude,
10		subjective component, and preference components of the test
11		administered in accordance with this Section. No more than 60
12		days after each examination, an initial eligibility list shall
13		be posted by the commission. The list shall include the final
14		grades of the candidates without reference to priority of the
15		time of examination and subject to claim for preference credit.
16		Commissions may conduct additional examinations, including
17		without limitation a polygraph test, after a final eligibility
18		register is established and before it expires with the
19		candidates ranked by total score without regard to date of
20		examination. No more than 60 days after each examination, an
21		initial eligibility list shall be posted by the commission
22		showing the final grades of the candidates without reference to
23		priority of time of examination and subject to claim for
24		preference credit.
25		(h) Preferences. The following are preferences:
26		(1) Veteran preference. Persons who were engaged in the

HB4137 Engrossed - 190 - LRB099 07987 AMC 28127 b
1		military service of the United States for a period of at
2		least one year of active duty and who were honorably
3		discharged therefrom, or who are now or have been members
4		on inactive or reserve duty in such military or naval
5		service, shall be preferred for appointment to and
6		employment with the fire department of an affected
7		department.
8		(2) Fire cadet preference. Persons who have
9		successfully completed 2 years of study in fire techniques
10		or cadet training within a cadet program established under
11		the rules of the Joint Labor and Management Committee
12		(JLMC), as defined in Section 50 of the Fire Department
13		Promotion Act, may be preferred for appointment to and
14		employment with the fire department.
15		(3) Educational preference. Persons who have
16		successfully obtained an associate's degree in the field of
17		fire service or emergency medical services, or a bachelor's
18		degree from an accredited college or university may be
19		preferred for appointment to and employment with the fire
20		department.
21		(4) Paramedic preference. Persons who have obtained a
22		license as a paramedic may be preferred for appointment to
23		and employment with the fire department of an affected
24		department providing emergency medical services.
25		(5) Experience preference. All persons employed by a
26		municipality who have been paid-on-call or part-time

HB4137 Engrossed - 191 - LRB099 07987 AMC 28127 b
1		certified Firefighter II, certified Firefighter III, State
2		of Illinois or nationally licensed EMT, EMT-I, A-EMT, or
3		paramedic, or any combination of those capacities may be
4		awarded up to a maximum of 5 points. However, the applicant
5		may not be awarded more than 0.5 points for each complete
6		year of paid-on-call or part-time service. Applicants from
7		outside the municipality who were employed as full-time
8		firefighters or firefighter-paramedics by a fire
9		protection district or another municipality may be awarded
10		up to 5 experience preference points. However, the
11		applicant may not be awarded more than one point for each
12		complete year of full-time service.
13		Upon request by the commission, the governing body of
14		the municipality or in the case of applicants from outside
15		the municipality the governing body of any fire protection
16		district or any other municipality shall certify to the
17		commission, within 10 days after the request, the number of
18		years of successful paid-on-call, part-time, or full-time
19		service of any person. A candidate may not receive the full
20		amount of preference points under this subsection if the
21		amount of points awarded would place the candidate before a
22		veteran on the eligibility list. If more than one candidate
23		receiving experience preference points is prevented from
24		receiving all of their points due to not being allowed to
25		pass a veteran, the candidates shall be placed on the list
26		below the veteran in rank order based on the totals

HB4137 Engrossed - 192 - LRB099 07987 AMC 28127 b
1		received if all points under this subsection were to be
2		awarded. Any remaining ties on the list shall be determined
3		by lot.
4		(6) Residency preference. Applicants whose principal
5		residence is located within the fire department's
6		jurisdiction may be preferred for appointment to and
7		employment with the fire department.
8		(7) Additional preferences. Up to 5 additional
9		preference points may be awarded for unique categories
10		based on an applicant's experience or background as
11		identified by the commission.
12		(8) Scoring of preferences. The commission shall give
13		preference for original appointment to persons designated
14		in item (1) by adding to the final grade that they receive
15		5 points for the recognized preference achieved. The
16		commission shall determine the number of preference points
17		for each category except (1). The number of preference
18		points for each category shall range from 0 to 5. In
19		determining the number of preference points, the
20		commission shall prescribe that if a candidate earns the
21		maximum number of preference points in all categories, that
22		number may not be less than 10 nor more than 30. The
23		commission shall give preference for original appointment
24		to persons designated in items (2) through (7) by adding
25		the requisite number of points to the final grade for each
26		recognized preference achieved. The numerical result thus

HB4137 Engrossed - 193 - LRB099 07987 AMC 28127 b
1		attained shall be applied by the commission in determining
2		the final eligibility list and appointment from the
3		eligibility list. The local appointing authority may
4		prescribe the total number of preference points awarded
5		under this Section, but the total number of preference
6		points shall not be less than 10 points or more than 30
7		points.
8		No person entitled to any preference shall be required to
9		claim the credit before any examination held under the
10		provisions of this Section, but the preference shall be given
11		after the posting or publication of the initial eligibility
12		list or register at the request of a person entitled to a
13		credit before any certification or appointments are made from
14		the eligibility register, upon the furnishing of verifiable
15		evidence and proof of qualifying preference credit. Candidates
16		who are eligible for preference credit shall make a claim in
17		writing within 10 days after the posting of the initial
18		eligibility list, or the claim shall be deemed waived. Final
19		eligibility registers shall be established after the awarding
20		of verified preference points. All employment shall be subject
21		to the commission's initial hire background review including,
22		but not limited to, criminal history, employment history, moral
23		character, oral examination, and medical and psychological
24		examinations, all on a pass-fail basis. The medical and
25		psychological examinations must be conducted last, and may only
26		be performed after a conditional offer of employment has been

HB4137 Engrossed - 194 - LRB099 07987 AMC 28127 b
1		extended.
2		Any person placed on an eligibility list who exceeds the
3		age requirement before being appointed to a fire department
4		shall remain eligible for appointment until the list is
5		abolished, or his or her name has been on the list for a period
6		of 2 years. No person who has attained the age of 35 years
7		shall be inducted into a fire department, except as otherwise
8		provided in this Section.
9		The commission shall strike off the names of candidates for
10		original appointment after the names have been on the list for
11		more than 2 years.
12		(i) Moral character. No person shall be appointed to a fire
13		department unless he or she is a person of good character; not
14		a habitual drunkard, a gambler, or a person who has been
15		convicted of a felony or a crime involving moral turpitude.
16		However, no person shall be disqualified from appointment to
17		the fire department because of the person's record of
18		misdemeanor convictions except those under Sections 11-6,
19		11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
20		12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
21		31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
22		1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
23		Criminal Code of 2012, or arrest for any cause without
24		conviction thereon. Any such person who is in the department
25		may be removed on charges brought for violating this subsection
26		and after a trial as hereinafter provided.

HB4137 Engrossed - 195 - LRB099 07987 AMC 28127 b
1		A classifiable set of the fingerprints of every person who
2		is offered employment as a certificated member of an affected
3		fire department whether with or without compensation, shall be
4		furnished to the Illinois Department of State Police and to the
5		Federal Bureau of Investigation by the commission.
6		Whenever a commission is authorized or required by law to
7		consider some aspect of criminal history record information for
8		the purpose of carrying out its statutory powers and
9		responsibilities, then, upon request and payment of fees in
10		conformance with the requirements of Section 2605-400 of the
11		State Police Law of the Civil Administrative Code of Illinois,
12		the Department of State Police is authorized to furnish,
13		pursuant to positive identification, the information contained
14		in State files as is necessary to fulfill the request.
15		(j) Temporary appointments. In order to prevent a stoppage
16		of public business, to meet extraordinary exigencies, or to
17		prevent material impairment of the fire department, the
18		commission may make temporary appointments, to remain in force
19		only until regular appointments are made under the provisions
20		of this Division, but never to exceed 60 days. No temporary
21		appointment of any one person shall be made more than twice in
22		any calendar year.
23		(k) A person who knowingly divulges or receives test
24		questions or answers before a written examination, or otherwise
25		knowingly violates or subverts any requirement of this Section,
26		commits a violation of this Section and may be subject to

HB4137 Engrossed - 196 - LRB099 07987 AMC 28127 b
1		charges for official misconduct.
2		A person who is the knowing recipient of test information
3		in advance of the examination shall be disqualified from the
4		examination or discharged from the position to which he or she
5		was appointed, as applicable, and otherwise subjected to
6		disciplinary actions.
7		(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
8		97-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff.
9		8-15-14; revised 10-2-14.)
10		(65 ILCS 5/10-2.1-6.3)
11		Sec. 10-2.1-6.3. Original appointments; full-time fire
12		department.
13		(a) Applicability. Unless a commission elects to follow the
14		provisions of Section 10-2.1-6.4, this Section shall apply to
15		all original appointments to an affected full-time fire
16		department. Existing registers of eligibles shall continue to
17		be valid until their expiration dates, or up to a maximum of 2
18		years after the effective date of this amendatory Act of the
19		97th General Assembly.
20		Notwithstanding any statute, ordinance, rule, or other law
21		to the contrary, all original appointments to an affected
22		department to which this Section applies shall be administered
23		in the manner provided for in this Section. Provisions of the
24		Illinois Municipal Code, municipal ordinances, and rules
25		adopted pursuant to such authority and other laws relating to

HB4137 Engrossed - 197 - LRB099 07987 AMC 28127 b
1		initial hiring of firefighters in affected departments shall
2		continue to apply to the extent they are compatible with this
3		Section, but in the event of a conflict between this Section
4		and any other law, this Section shall control.
5		A home rule or non-home rule municipality may not
6		administer its fire department process for original
7		appointments in a manner that is less stringent than this
8		Section. This Section is a limitation under subsection (i) of
9		Section 6 of Article VII of the Illinois Constitution on the
10		concurrent exercise by home rule units of the powers and
11		functions exercised by the State.
12		A municipality that is operating under a court order or
13		consent decree regarding original appointments to a full-time
14		fire department before the effective date of this amendatory
15		Act of the 97th General Assembly is exempt from the
16		requirements of this Section for the duration of the court
17		order or consent decree.
18		Notwithstanding any other provision of this subsection
19		(a), this Section does not apply to a municipality with more
20		than 1,000,000 inhabitants.
21		(b) Original appointments. All original appointments made
22		to an affected fire department shall be made from a register of
23		eligibles established in accordance with the processes
24		established by this Section. Only persons who meet or exceed
25		the performance standards required by this Section shall be
26		placed on a register of eligibles for original appointment to

HB4137 Engrossed - 198 - LRB099 07987 AMC 28127 b
1		an affected fire department.
2		Whenever an appointing authority authorizes action to hire
3		a person to perform the duties of a firefighter or to hire a
4		firefighter-paramedic to fill a position that is a new position
5		or vacancy due to resignation, discharge, promotion, death, the
6		granting of a disability or retirement pension, or any other
7		cause, the appointing authority shall appoint to that position
8		the person with the highest ranking on the final eligibility
9		list. If the appointing authority has reason to conclude that
10		the highest ranked person fails to meet the minimum standards
11		for the position or if the appointing authority believes an
12		alternate candidate would better serve the needs of the
13		department, then the appointing authority has the right to pass
14		over the highest ranked person and appoint either: (i) any
15		person who has a ranking in the top 5% of the register of
16		eligibles or (ii) any person who is among the top 5 highest
17		ranked persons on the list of eligibles if the number of people
18		who have a ranking in the top 5% of the register of eligibles
19		is less than 5 people.
20		Any candidate may pass on an appointment once without
21		losing his or her position on the register of eligibles. Any
22		candidate who passes a second time may be removed from the list
23		by the appointing authority provided that such action shall not
24		prejudice a person's opportunities to participate in future
25		examinations, including an examination held during the time a
26		candidate is already on the municipality's register of

HB4137 Engrossed - 199 - LRB099 07987 AMC 28127 b
1		eligibles.
2		The sole authority to issue certificates of appointment
3		shall be vested in the board of fire and police commissioners.
4		All certificates of appointment issued to any officer or member
5		of an affected department shall be signed by the chairperson
6		and secretary, respectively, of the board upon appointment of
7		such officer or member to the affected department by action of
8		the board. Each person who accepts a certificate of appointment
9		and successfully completes his or her probationary period shall
10		be enrolled as a firefighter and as a regular member of the
11		fire department.
12		For the purposes of this Section, "firefighter" means any
13		person who has been prior to, on, or after the effective date
14		of this amendatory Act of the 97th General Assembly appointed
15		to a fire department or fire protection district or employed by
16		a State university and sworn or commissioned to perform
17		firefighter duties or paramedic duties, or both, except that
18		the following persons are not included: part-time
19		firefighters; auxiliary, reserve, or voluntary firefighters,
20		including paid-on-call firefighters; clerks and dispatchers or
21		other civilian employees of a fire department or fire
22		protection district who are not routinely expected to perform
23		firefighter duties; and elected officials.
24		(c) Qualification for placement on register of eligibles.
25		The purpose of establishing a register of eligibles is to
26		identify applicants who possess and demonstrate the mental

HB4137 Engrossed - 200 - LRB099 07987 AMC 28127 b
1		aptitude and physical ability to perform the duties required of
2		members of the fire department in order to provide the highest
3		quality of service to the public. To this end, all applicants
4		for original appointment to an affected fire department shall
5		be subject to examination and testing which shall be public,
6		competitive, and open to all applicants unless the municipality
7		shall by ordinance limit applicants to residents of the
8		municipality, county or counties in which the municipality is
9		located, State, or nation. Any examination and testing
10		procedure utilized under subsection (e) of this Section shall
11		be supported by appropriate validation evidence and shall
12		comply with all applicable State state and federal laws.
13		Municipalities may establish educational, emergency medical
14		service licensure, and other pre-requisites for participation
15		in an examination or for hire as a firefighter. Any
16		municipality may charge a fee to cover the costs of the
17		application process.
18		Residency requirements in effect at the time an individual
19		enters the fire service of a municipality cannot be made more
20		restrictive for that individual during his or her period of
21		service for that municipality, or be made a condition of
22		promotion, except for the rank or position of fire chief and
23		for no more than 2 positions that rank immediately below that
24		of the chief rank which are appointed positions pursuant to the
25		Fire Department Promotion Act.
26		No person who is 35 years of age or older shall be eligible

HB4137 Engrossed - 201 - LRB099 07987 AMC 28127 b
1		to take an examination for a position as a firefighter unless
2		the person has had previous employment status as a firefighter
3		in the regularly constituted fire department of the
4		municipality, except as provided in this Section. The age
5		limitation does not apply to:
6		(1) any person previously employed as a full-time
7		firefighter in a regularly constituted fire department of
8		(i) any municipality or fire protection district located in
9		Illinois, (ii) a fire protection district whose
10		obligations were assumed by a municipality under Section 21
11		of the Fire Protection District Act, or (iii) a
12		municipality whose obligations were taken over by a fire
13		protection district, or
14		(2) any person who has served a municipality as a
15		regularly enrolled volunteer, paid-on-call, or part-time
16		firefighter for the 5 years immediately preceding the time
17		that the municipality begins to use full-time firefighters
18		to provide all or part of its fire protection service.
19		No person who is under 21 years of age shall be eligible
20		for employment as a firefighter.
21		No applicant shall be examined concerning his or her
22		political or religious opinions or affiliations. The
23		examinations shall be conducted by the commissioners of the
24		municipality or their designees and agents.
25		No municipality shall require that any firefighter
26		appointed to the lowest rank serve a probationary employment

HB4137 Engrossed - 202 - LRB099 07987 AMC 28127 b
1		period of longer than one year of actual active employment,
2		which may exclude periods of training, or injury or illness
3		leaves, including duty related leave, in excess of 30 calendar
4		days. Notwithstanding anything to the contrary in this Section,
5		the probationary employment period limitation may be extended
6		for a firefighter who is required, as a condition of
7		employment, to be a licensed paramedic, during which time the
8		sole reason that a firefighter may be discharged without a
9		hearing is for failing to meet the requirements for paramedic
10		licensure.
11		In the event that any applicant who has been found eligible
12		for appointment and whose name has been placed upon the final
13		eligibility register provided for in this Section has not been
14		appointed to a firefighter position within one year after the
15		date of his or her physical ability examination, the commission
16		may cause a second examination to be made of that applicant's
17		physical ability prior to his or her appointment. If, after the
18		second examination, the physical ability of the applicant shall
19		be found to be less than the minimum standard fixed by the
20		rules of the commission, the applicant shall not be appointed.
21		The applicant's name may be retained upon the register of
22		candidates eligible for appointment and when next reached for
23		certification and appointment that applicant may be again
24		examined as provided in this Section, and if the physical
25		ability of that applicant is found to be less than the minimum
26		standard fixed by the rules of the commission, the applicant

HB4137 Engrossed - 203 - LRB099 07987 AMC 28127 b
1		shall not be appointed, and the name of the applicant shall be
2		removed from the register.
3		(d) Notice, examination, and testing components. Notice of
4		the time, place, general scope, merit criteria for any
5		subjective component, and fee of every examination shall be
6		given by the commission, by a publication at least 2 weeks
7		preceding the examination: (i) in one or more newspapers
8		published in the municipality, or if no newspaper is published
9		therein, then in one or more newspapers with a general
10		circulation within the municipality, or (ii) on the
11		municipality's Internet website. Additional notice of the
12		examination may be given as the commission shall prescribe.
13		The examination and qualifying standards for employment of
14		firefighters shall be based on: mental aptitude, physical
15		ability, preferences, moral character, and health. The mental
16		aptitude, physical ability, and preference components shall
17		determine an applicant's qualification for and placement on the
18		final register of eligibles. The examination may also include a
19		subjective component based on merit criteria as determined by
20		the commission. Scores from the examination must be made
21		available to the public.
22		(e) Mental aptitude. No person who does not possess at
23		least a high school diploma or an equivalent high school
24		education shall be placed on a register of eligibles.
25		Examination of an applicant's mental aptitude shall be based
26		upon a written examination. The examination shall be practical

HB4137 Engrossed - 204 - LRB099 07987 AMC 28127 b
1		in character and relate to those matters that fairly test the
2		capacity of the persons examined to discharge the duties
3		performed by members of a fire department. Written examinations
4		shall be administered in a manner that ensures the security and
5		accuracy of the scores achieved.
6		(f) Physical ability. All candidates shall be required to
7		undergo an examination of their physical ability to perform the
8		essential functions included in the duties they may be called
9		upon to perform as a member of a fire department. For the
10		purposes of this Section, essential functions of the job are
11		functions associated with duties that a firefighter may be
12		called upon to perform in response to emergency calls. The
13		frequency of the occurrence of those duties as part of the fire
14		department's regular routine shall not be a controlling factor
15		in the design of examination criteria or evolutions selected
16		for testing. These physical examinations shall be open,
17		competitive, and based on industry standards designed to test
18		each applicant's physical abilities in the following
19		dimensions:
20		(1) Muscular strength to perform tasks and evolutions
21		that may be required in the performance of duties including
22		grip strength, leg strength, and arm strength. Tests shall
23		be conducted under anaerobic as well as aerobic conditions
24		to test both the candidate's speed and endurance in
25		performing tasks and evolutions. Tasks tested may be based
26		on standards developed, or approved, by the local

HB4137 Engrossed - 205 - LRB099 07987 AMC 28127 b
1		appointing authority.
2		(2) The ability to climb ladders, operate from heights,
3		walk or crawl in the dark along narrow and uneven surfaces,
4		and operate in proximity to hazardous environments.
5		(3) The ability to carry out critical, time-sensitive,
6		and complex problem solving during physical exertion in
7		stressful and hazardous environments. The testing
8		environment may be hot and dark with tightly enclosed
9		spaces, flashing lights, sirens, and other distractions.
10		The tests utilized to measure each applicant's
11		capabilities in each of these dimensions may be tests based on
12		industry standards currently in use or equivalent tests
13		approved by the Joint Labor-Management Committee of the Office
14		of the State Fire Marshal.
15		Physical ability examinations administered under this
16		Section shall be conducted with a reasonable number of proctors
17		and monitors, open to the public, and subject to reasonable
18		regulations of the commission.
19		(g) Scoring of examination components. Appointing
20		authorities may create a preliminary eligibility register. A
21		person shall be placed on the list based upon his or her
22		passage of the written examination or the passage of the
23		written examination and the physical ability component.
24		Passage of the written examination means attaining the minimum
25		score set by the commission. Minimum scores should be set by
26		the commission so as to demonstrate a candidate's ability to

HB4137 Engrossed - 206 - LRB099 07987 AMC 28127 b
1		perform the essential functions of the job. The minimum score
2		set by the commission shall be supported by appropriate
3		validation evidence and shall comply with all applicable State
4		state and federal laws. The appointing authority may conduct
5		the physical ability component and any subjective components
6		subsequent to the posting of the preliminary eligibility
7		register.
8		The examination components for an initial eligibility
9		register shall be graded on a 100-point scale. A person's
10		position on the list shall be determined by the following: (i)
11		the person's score on the written examination, (ii) the person
12		successfully passing the physical ability component, and (iii)
13		the person's results on any subjective component as described
14		in subsection (d).
15		In order to qualify for placement on the final eligibility
16		register, an applicant's score on the written examination,
17		before any applicable preference points or subjective points
18		are applied, shall be at or above the minimum score as set by
19		the commission. The local appointing authority may prescribe
20		the score to qualify for placement on the final eligibility
21		register, but the score shall not be less than the minimum
22		score set by the commission.
23		The commission shall prepare and keep a register of persons
24		whose total score is not less than the minimum score for
25		passage and who have passed the physical ability examination.
26		These persons shall take rank upon the register as candidates

HB4137 Engrossed - 207 - LRB099 07987 AMC 28127 b
1		in the order of their relative excellence based on the highest
2		to the lowest total points scored on the mental aptitude,
3		subjective component, and preference components of the test
4		administered in accordance with this Section. No more than 60
5		days after each examination, an initial eligibility list shall
6		be posted by the commission. The list shall include the final
7		grades of the candidates without reference to priority of the
8		time of examination and subject to claim for preference credit.
9		Commissions may conduct additional examinations, including
10		without limitation a polygraph test, after a final eligibility
11		register is established and before it expires with the
12		candidates ranked by total score without regard to date of
13		examination. No more than 60 days after each examination, an
14		initial eligibility list shall be posted by the commission
15		showing the final grades of the candidates without reference to
16		priority of time of examination and subject to claim for
17		preference credit.
18		(h) Preferences. The following are preferences:
19		(1) Veteran preference. Persons who were engaged in the
20		military service of the United States for a period of at
21		least one year of active duty and who were honorably
22		discharged therefrom, or who are now or have been members
23		on inactive or reserve duty in such military or naval
24		service, shall be preferred for appointment to and
25		employment with the fire department of an affected
26		department.

HB4137 Engrossed - 208 - LRB099 07987 AMC 28127 b
1		(2) Fire cadet preference. Persons who have
2		successfully completed 2 years of study in fire techniques
3		or cadet training within a cadet program established under
4		the rules of the Joint Labor and Management Committee
5		(JLMC), as defined in Section 50 of the Fire Department
6		Promotion Act, may be preferred for appointment to and
7		employment with the fire department.
8		(3) Educational preference. Persons who have
9		successfully obtained an associate's degree in the field of
10		fire service or emergency medical services, or a bachelor's
11		degree from an accredited college or university may be
12		preferred for appointment to and employment with the fire
13		department.
14		(4) Paramedic preference. Persons who have obtained a
15		license as a paramedic shall be preferred for appointment
16		to and employment with the fire department of an affected
17		department providing emergency medical services.
18		(5) Experience preference. All persons employed by a
19		municipality who have been paid-on-call or part-time
20		certified Firefighter II, State of Illinois or nationally
21		licensed EMT, EMT-I, A-EMT, or any combination of those
22		capacities shall be awarded 0.5 point for each year of
23		successful service in one or more of those capacities, up
24		to a maximum of 5 points. Certified Firefighter III and
25		State of Illinois or nationally licensed paramedics shall
26		be awarded one point per year up to a maximum of 5 points.

HB4137 Engrossed - 209 - LRB099 07987 AMC 28127 b
1		Applicants from outside the municipality who were employed
2		as full-time firefighters or firefighter-paramedics by a
3		fire protection district or another municipality for at
4		least 2 years shall be awarded 5 experience preference
5		points. These additional points presuppose a rating scale
6		totaling 100 points available for the eligibility list. If
7		more or fewer points are used in the rating scale for the
8		eligibility list, the points awarded under this subsection
9		shall be increased or decreased by a factor equal to the
10		total possible points available for the examination
11		divided by 100.
12		Upon request by the commission, the governing body of
13		the municipality or in the case of applicants from outside
14		the municipality the governing body of any fire protection
15		district or any other municipality shall certify to the
16		commission, within 10 days after the request, the number of
17		years of successful paid-on-call, part-time, or full-time
18		service of any person. A candidate may not receive the full
19		amount of preference points under this subsection if the
20		amount of points awarded would place the candidate before a
21		veteran on the eligibility list. If more than one candidate
22		receiving experience preference points is prevented from
23		receiving all of their points due to not being allowed to
24		pass a veteran, the candidates shall be placed on the list
25		below the veteran in rank order based on the totals
26		received if all points under this subsection were to be

HB4137 Engrossed - 210 - LRB099 07987 AMC 28127 b
1		awarded. Any remaining ties on the list shall be determined
2		by lot.
3		(6) Residency preference. Applicants whose principal
4		residence is located within the fire department's
5		jurisdiction shall be preferred for appointment to and
6		employment with the fire department.
7		(7) Additional preferences. Up to 5 additional
8		preference points may be awarded for unique categories
9		based on an applicant's experience or background as
10		identified by the commission.
11		(8) Scoring of preferences. The commission shall give
12		preference for original appointment to persons designated
13		in item (1) by adding to the final grade that they receive
14		5 points for the recognized preference achieved. The
15		commission shall determine the number of preference points
16		for each category except (1). The number of preference
17		points for each category shall range from 0 to 5. In
18		determining the number of preference points, the
19		commission shall prescribe that if a candidate earns the
20		maximum number of preference points in all categories, that
21		number may not be less than 10 nor more than 30. The
22		commission shall give preference for original appointment
23		to persons designated in items (2) through (7) by adding
24		the requisite number of points to the final grade for each
25		recognized preference achieved. The numerical result thus
26		attained shall be applied by the commission in determining

HB4137 Engrossed - 211 - LRB099 07987 AMC 28127 b
1		the final eligibility list and appointment from the
2		eligibility list. The local appointing authority may
3		prescribe the total number of preference points awarded
4		under this Section, but the total number of preference
5		points shall not be less than 10 points or more than 30
6		points.
7		No person entitled to any preference shall be required to
8		claim the credit before any examination held under the
9		provisions of this Section, but the preference shall be given
10		after the posting or publication of the initial eligibility
11		list or register at the request of a person entitled to a
12		credit before any certification or appointments are made from
13		the eligibility register, upon the furnishing of verifiable
14		evidence and proof of qualifying preference credit. Candidates
15		who are eligible for preference credit shall make a claim in
16		writing within 10 days after the posting of the initial
17		eligibility list, or the claim shall be deemed waived. Final
18		eligibility registers shall be established after the awarding
19		of verified preference points. All employment shall be subject
20		to the commission's initial hire background review including,
21		but not limited to, criminal history, employment history, moral
22		character, oral examination, and medical and psychological
23		examinations, all on a pass-fail basis. The medical and
24		psychological examinations must be conducted last, and may only
25		be performed after a conditional offer of employment has been
26		extended.

HB4137 Engrossed - 212 - LRB099 07987 AMC 28127 b
1		Any person placed on an eligibility list who exceeds the
2		age requirement before being appointed to a fire department
3		shall remain eligible for appointment until the list is
4		abolished, or his or her name has been on the list for a period
5		of 2 years. No person who has attained the age of 35 years
6		shall be inducted into a fire department, except as otherwise
7		provided in this Section.
8		The commission shall strike off the names of candidates for
9		original appointment after the names have been on the list for
10		more than 2 years.
11		(i) Moral character. No person shall be appointed to a fire
12		department unless he or she is a person of good character; not
13		a habitual drunkard, a gambler, or a person who has been
14		convicted of a felony or a crime involving moral turpitude.
15		However, no person shall be disqualified from appointment to
16		the fire department because of the person's record of
17		misdemeanor convictions except those under Sections 11-6,
18		11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
19		12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
20		31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
21		1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
22		Criminal Code of 2012, or arrest for any cause without
23		conviction thereon. Any such person who is in the department
24		may be removed on charges brought for violating this subsection
25		and after a trial as hereinafter provided.
26		A classifiable set of the fingerprints of every person who

HB4137 Engrossed - 213 - LRB099 07987 AMC 28127 b
1		is offered employment as a certificated member of an affected
2		fire department whether with or without compensation, shall be
3		furnished to the Illinois Department of State Police and to the
4		Federal Bureau of Investigation by the commission.
5		Whenever a commission is authorized or required by law to
6		consider some aspect of criminal history record information for
7		the purpose of carrying out its statutory powers and
8		responsibilities, then, upon request and payment of fees in
9		conformance with the requirements of Section 2605-400 of the
10		State Police Law of the Civil Administrative Code of Illinois,
11		the Department of State Police is authorized to furnish,
12		pursuant to positive identification, the information contained
13		in State files as is necessary to fulfill the request.
14		(j) Temporary appointments. In order to prevent a stoppage
15		of public business, to meet extraordinary exigencies, or to
16		prevent material impairment of the fire department, the
17		commission may make temporary appointments, to remain in force
18		only until regular appointments are made under the provisions
19		of this Division, but never to exceed 60 days. No temporary
20		appointment of any one person shall be made more than twice in
21		any calendar year.
22		(k) A person who knowingly divulges or receives test
23		questions or answers before a written examination, or otherwise
24		knowingly violates or subverts any requirement of this Section,
25		commits a violation of this Section and may be subject to
26		charges for official misconduct.

HB4137 Engrossed - 214 - LRB099 07987 AMC 28127 b
1		A person who is the knowing recipient of test information
2		in advance of the examination shall be disqualified from the
3		examination or discharged from the position to which he or she
4		was appointed, as applicable, and otherwise subjected to
5		disciplinary actions.
6		(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
7		97-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff.
8		8-15-14, revised 10-2-14.)
9		(65 ILCS 5/11-12-5) (from Ch. 24, par. 11-12-5)
10		Sec. 11-12-5. Every plan commission and planning
11		department authorized by this Division 12 has the following
12		powers and whenever in this Division 12 the term plan
13		commission is used such term shall be deemed to include the
14		term planning department:
15		(1) To prepare and recommend to the corporate
16		authorities a comprehensive plan for the present and future
17		development or redevelopment of the municipality. Such
18		plan may be adopted in whole or in separate geographical or
19		functional parts, each of which, when adopted, shall be the
20		official comprehensive plan, or part thereof, of that
21		municipality. This plan may include reasonable
22		requirements with reference to streets, alleys, public
23		grounds, and other improvements hereinafter specified. The
24		plan, as recommended by the plan commission and as
25		thereafter adopted in any municipality in this state, may

HB4137 Engrossed - 215 - LRB099 07987 AMC 28127 b
1		be made applicable, by the terms thereof, to land situated
2		within the corporate limits and contiguous territory not
3		more than one and one-half miles beyond the corporate
4		limits and not included in any municipality. Such plan may
5		be implemented by ordinances (a) establishing reasonable
6		standards of design for subdivisions and for
7		resubdivisions of unimproved land and of areas subject to
8		redevelopment in respect to public improvements as herein
9		defined; (b) establishing reasonable requirements
10		governing the location, width, course, and surfacing of
11		public streets and highways, alleys, ways for public
12		service facilities, curbs, gutters, sidewalks, street
13		lights, parks, playgrounds, school grounds, size of lots to
14		be used for residential purposes, storm water drainage,
15		water supply and distribution, sanitary sewers, and sewage
16		collection and treatment; and (c) may designate land
17		suitable for annexation to the municipality and the
18		recommended zoning classification for such land upon
19		annexation.
20		(2) To recommend changes, from time to time, in the
21		official comprehensive plan.
22		(3) To prepare and recommend to the corporate
23		authorities, from time to time, plans for specific
24		improvements in pursuance of the official comprehensive
25		plan.
26		(4) To give aid to the municipal officials charged with

HB4137 Engrossed - 216 - LRB099 07987 AMC 28127 b
1		the direction of projects for improvements embraced within
2		the official plan, to further the making of these projects,
3		and, generally, to promote the realization of the official
4		comprehensive plan.
5		(5) To prepare and recommend to the corporate
6		authorities schemes for regulating or forbidding
7		structures or activities which may hinder access to solar
8		energy necessary for the proper functioning of solar energy
9		systems, as defined in Section 1.2 of The Comprehensive
10		Solar Energy Act of 1977, or to recommend changes in such
11		schemes.
12		(6) To exercise such other powers germane to the powers
13		granted by this article as may be conferred by the
14		corporate authorities.
15		(7) For purposes of implementing ordinances regarding
16		developer donations or impact fees, and specifically for
17		expenditures thereof, "school grounds" is defined as including
18		land or site improvements, which include school buildings or
19		other infrastructure, including technological infrastructure,
20		necessitated and specifically and uniquely attributed to the
21		development or subdivision in question. This amendatory Act of
22		the 93rd General Assembly applies to all impact fees or
23		developer donations paid into a school district or held in a
24		separate account or escrow fund by any school district or
25		municipality for a school district.
26		(Source: P.A. 98-741, eff. 1-1-15; revised 12-1-14.)

HB4137 Engrossed - 217 - LRB099 07987 AMC 28127 b
1		(65 ILCS 5/11-74.4-3.5)
2		Sec. 11-74.4-3.5. Completion dates for redevelopment
3		projects.
4		(a) Unless otherwise stated in this Section, the estimated
5		dates of completion of the redevelopment project and retirement
6		of obligations issued to finance redevelopment project costs
7		(including refunding bonds under Section 11-74.4-7) may not be
8		later than December 31 of the year in which the payment to the
9		municipal treasurer, as provided in subsection (b) of Section
10		11-74.4-8 of this Act, is to be made with respect to ad valorem
11		taxes levied in the 23rd calendar year after the year in which
12		the ordinance approving the redevelopment project area was
13		adopted if the ordinance was adopted on or after January 15,
14		1981.
15		(b) The estimated dates of completion of the redevelopment
16		project and retirement of obligations issued to finance
17		redevelopment project costs (including refunding bonds under
18		Section 11-74.4-7) may not be later than December 31 of the
19		year in which the payment to the municipal treasurer as
20		provided in subsection (b) of Section 11-74.4-8 of this Act is
21		to be made with respect to ad valorem taxes levied in the 32nd
22		calendar year after the year in which the ordinance approving
23		the redevelopment project area was adopted if the ordinance was
24		adopted on September 9, 1999 by the Village of Downs.
25		The estimated dates of completion of the redevelopment

HB4137 Engrossed - 218 - LRB099 07987 AMC 28127 b
1		project and retirement of obligations issued to finance
2		redevelopment project costs (including refunding bonds under
3		Section 11-74.4-7) may not be later than December 31 of the
4		year in which the payment to the municipal treasurer as
5		provided in subsection (b) of Section 11-74.4-8 of this Act is
6		to be made with respect to ad valorem taxes levied in the 33rd
7		calendar year after the year in which the ordinance approving
8		the redevelopment project area was adopted if the ordinance was
9		adopted on May 20, 1985 by the Village of Wheeling.
10		The estimated dates of completion of the redevelopment
11		project and retirement of obligations issued to finance
12		redevelopment project costs (including refunding bonds under
13		Section 11-74.4-7) may not be later than December 31 of the
14		year in which the payment to the municipal treasurer as
15		provided in subsection (b) of Section 11-74.4-8 of this Act is
16		to be made with respect to ad valorem taxes levied in the 28th
17		calendar year after the year in which the ordinance approving
18		the redevelopment project area was adopted if the ordinance was
19		adopted on October 12, 1989 by the City of Lawrenceville.
20		(c) The estimated dates of completion of the redevelopment
21		project and retirement of obligations issued to finance
22		redevelopment project costs (including refunding bonds under
23		Section 11-74.4-7) may not be later than December 31 of the
24		year in which the payment to the municipal treasurer as
25		provided in subsection (b) of Section 11-74.4-8 of this Act is
26		to be made with respect to ad valorem taxes levied in the 35th

HB4137 Engrossed - 219 - LRB099 07987 AMC 28127 b
1		calendar year after the year in which the ordinance approving
2		the redevelopment project area was adopted:
3		(1) If if the ordinance was adopted before January 15,
4		1981. ;
5		(2) If if the ordinance was adopted in December 1983,
6		April 1984, July 1985, or December 1989. ;
7		(3) If if the ordinance was adopted in December 1987
8		and the redevelopment project is located within one mile of
9		Midway Airport. ;
10		(4) If if the ordinance was adopted before January 1,
11		1987 by a municipality in Mason County. ;
12		(5) If if the municipality is subject to the Local
13		Government Financial Planning and Supervision Act or the
14		Financially Distressed City Law. ;
15		(6) If if the ordinance was adopted in December 1984 by
16		the Village of Rosemont. ;
17		(7) If if the ordinance was adopted on December 31,
18		1986 by a municipality located in Clinton County for which
19		at least $250,000 of tax increment bonds were authorized on
20		June 17, 1997, or if the ordinance was adopted on December
21		31, 1986 by a municipality with a population in 1990 of
22		less than 3,600 that is located in a county with a
23		population in 1990 of less than 34,000 and for which at
24		least $250,000 of tax increment bonds were authorized on
25		June 17, 1997. ;
26		(8) If if the ordinance was adopted on October 5, 1982

HB4137 Engrossed - 220 - LRB099 07987 AMC 28127 b
1		by the City of Kankakee, or if the ordinance was adopted on
2		December 29, 1986 by East St. Louis. ;
3		(9) If if the ordinance was adopted on November 12,
4		1991 by the Village of Sauget. ;
5		(10) If if the ordinance was adopted on February 11,
6		1985 by the City of Rock Island. ;
7		(11) If if the ordinance was adopted before December
8		18, 1986 by the City of Moline. ;
9		(12) If if the ordinance was adopted in September 1988
10		by Sauk Village. ;
11		(13) If if the ordinance was adopted in October 1993 by
12		Sauk Village. ;
13		(14) If if the ordinance was adopted on December 29,
14		1986 by the City of Galva. ;
15		(15) If if the ordinance was adopted in March 1991 by
16		the City of Centreville. ;
17		(16) If if the ordinance was adopted on January 23,
18		1991 by the City of East St. Louis. ;
19		(17) If if the ordinance was adopted on December 22,
20		1986 by the City of Aledo. ;
21		(18) If if the ordinance was adopted on February 5,
22		1990 by the City of Clinton. ;
23		(19) If if the ordinance was adopted on September 6,
24		1994 by the City of Freeport. ;
25		(20) If if the ordinance was adopted on December 22,
26		1986 by the City of Tuscola. ;

HB4137 Engrossed - 221 - LRB099 07987 AMC 28127 b
1		(21) If if the ordinance was adopted on December 23,
2		1986 by the City of Sparta. ;
3		(22) If if the ordinance was adopted on December 23,
4		1986 by the City of Beardstown. ;
5		(23) If if the ordinance was adopted on April 27, 1981,
6		October 21, 1985, or December 30, 1986 by the City of
7		Belleville. ;
8		(24) If if the ordinance was adopted on December 29,
9		1986 by the City of Collinsville. ;
10		(25) If if the ordinance was adopted on September 14,
11		1994 by the City of Alton. ;
12		(26) If if the ordinance was adopted on November 11,
13		1996 by the City of Lexington. ;
14		(27) If if the ordinance was adopted on November 5,
15		1984 by the City of LeRoy. ;
16		(28) If if the ordinance was adopted on April 3, 1991
17		or June 3, 1992 by the City of Markham. ;
18		(29) If if the ordinance was adopted on November 11,
19		1986 by the City of Pekin. ;
20		(30) If if the ordinance was adopted on December 15,
21		1981 by the City of Champaign. ;
22		(31) If if the ordinance was adopted on December 15,
23		1986 by the City of Urbana. ;
24		(32) If if the ordinance was adopted on December 15,
25		1986 by the Village of Heyworth. ;
26		(33) If if the ordinance was adopted on February 24,

HB4137 Engrossed - 222 - LRB099 07987 AMC 28127 b
1		1992 by the Village of Heyworth. ;
2		(34) If if the ordinance was adopted on March 16, 1995
3		by the Village of Heyworth. ;
4		(35) If if the ordinance was adopted on December 23,
5		1986 by the Town of Cicero. ;
6		(36) If if the ordinance was adopted on December 30,
7		1986 by the City of Effingham. ;
8		(37) If if the ordinance was adopted on May 9, 1991 by
9		the Village of Tilton. ;
10		(38) If if the ordinance was adopted on October 20,
11		1986 by the City of Elmhurst. ;
12		(39) If if the ordinance was adopted on January 19,
13		1988 by the City of Waukegan. ;
14		(40) If if the ordinance was adopted on September 21,
15		1998 by the City of Waukegan. ;
16		(41) If if the ordinance was adopted on December 31,
17		1986 by the City of Sullivan. ;
18		(42) If if the ordinance was adopted on December 23,
19		1991 by the City of Sullivan. ;
20		(43) If if the ordinance was adopted on December 31,
21		1986 by the City of Oglesby. ;
22		(44) If if the ordinance was adopted on July 28, 1987
23		by the City of Marion. ;
24		(45) If if the ordinance was adopted on April 23, 1990
25		by the City of Marion. ;
26		(46) If if the ordinance was adopted on August 20, 1985

HB4137 Engrossed - 223 - LRB099 07987 AMC 28127 b
1		by the Village of Mount Prospect. ;
2		(47) If if the ordinance was adopted on February 2,
3		1998 by the Village of Woodhull. ;
4		(48) If if the ordinance was adopted on April 20, 1993
5		by the Village of Princeville. ;
6		(49) If if the ordinance was adopted on July 1, 1986 by
7		the City of Granite City. ;
8		(50) If if the ordinance was adopted on February 2,
9		1989 by the Village of Lombard. ;
10		(51) If if the ordinance was adopted on December 29,
11		1986 by the Village of Gardner. ;
12		(52) If if the ordinance was adopted on July 14, 1999
13		by the Village of Paw Paw. ;
14		(53) If if the ordinance was adopted on November 17,
15		1986 by the Village of Franklin Park. ;
16		(54) If if the ordinance was adopted on November 20,
17		1989 by the Village of South Holland. ;
18		(55) If if the ordinance was adopted on July 14, 1992
19		by the Village of Riverdale. ;
20		(56) If if the ordinance was adopted on December 29,
21		1986 by the City of Galesburg. ;
22		(57) If if the ordinance was adopted on April 1, 1985
23		by the City of Galesburg. ;
24		(58) If if the ordinance was adopted on May 21, 1990 by
25		the City of West Chicago. ;
26		(59) If if the ordinance was adopted on December 16,

HB4137 Engrossed - 224 - LRB099 07987 AMC 28127 b
1		1986 by the City of Oak Forest. ;
2		(60) If if the ordinance was adopted in 1999 by the
3		City of Villa Grove. ;
4		(61) If if the ordinance was adopted on January 13,
5		1987 by the Village of Mt. Zion. ;
6		(62) If if the ordinance was adopted on December 30,
7		1986 by the Village of Manteno. ;
8		(63) If if the ordinance was adopted on April 3, 1989
9		by the City of Chicago Heights. ;
10		(64) If if the ordinance was adopted on January 6, 1999
11		by the Village of Rosemont. ;
12		(65) If if the ordinance was adopted on December 19,
13		2000 by the Village of Stone Park. ;
14		(66) If if the ordinance was adopted on December 22,
15		1986 by the City of DeKalb. ;
16		(67) If if the ordinance was adopted on December 2,
17		1986 by the City of Aurora. ;
18		(68) If if the ordinance was adopted on December 31,
19		1986 by the Village of Milan. ;
20		(69) If if the ordinance was adopted on September 8,
21		1994 by the City of West Frankfort. ;
22		(70) If if the ordinance was adopted on December 23,
23		1986 by the Village of Libertyville. ;
24		(71) If if the ordinance was adopted on December 22,
25		1986 by the Village of Hoffman Estates. ;
26		(72) If if the ordinance was adopted on September 17,

HB4137 Engrossed - 225 - LRB099 07987 AMC 28127 b
1		1986 by the Village of Sherman. ;
2		(73) If if the ordinance was adopted on December 16,
3		1986 by the City of Macomb. ;
4		(74) If if the ordinance was adopted on June 11, 2002
5		by the City of East Peoria to create the West Washington
6		Street TIF. ;
7		(75) If if the ordinance was adopted on June 11, 2002
8		by the City of East Peoria to create the Camp Street TIF. ;
9		(76) If if the ordinance was adopted on August 7, 2000
10		by the City of Des Plaines. ;
11		(77) If if the ordinance was adopted on December 22,
12		1986 by the City of Washington to create the Washington
13		Square TIF #2. ;
14		(78) If if the ordinance was adopted on December 29,
15		1986 by the City of Morris. ;
16		(79) If if the ordinance was adopted on July 6, 1998 by
17		the Village of Steeleville. ;
18		(80) If if the ordinance was adopted on December 29,
19		1986 by the City of Pontiac to create TIF I (the Main St
20		TIF). ;
21		(81) If if the ordinance was adopted on December 29,
22		1986 by the City of Pontiac to create TIF II (the
23		Interstate TIF). ;
24		(82) If if the ordinance was adopted on November 6,
25		2002 by the City of Chicago to create the Madden/Wells TIF
26		District. ;

HB4137 Engrossed - 226 - LRB099 07987 AMC 28127 b
1		(83) If if the ordinance was adopted on November 4,
2		1998 by the City of Chicago to create the Roosevelt/Racine
3		TIF District. ;
4		(84) If if the ordinance was adopted on June 10, 1998
5		by the City of Chicago to create the Stony Island
6		Commercial/Burnside Industrial Corridors TIF District. ;
7		(85) If if the ordinance was adopted on November 29,
8		1989 by the City of Chicago to create the Englewood Mall
9		TIF District. ;
10		(86) If if the ordinance was adopted on December 27,
11		1986 by the City of Mendota. ;
12		(87) If if the ordinance was adopted on December 31,
13		1986 by the Village of Cahokia. ;
14		(88) If if the ordinance was adopted on September 20,
15		1999 by the City of Belleville. ;
16		(89) If if the ordinance was adopted on December 30,
17		1986 by the Village of Bellevue to create the Bellevue TIF
18		District 1. ;
19		(90) If if the ordinance was adopted on December 13,
20		1993 by the Village of Crete. ;
21		(91) If if the ordinance was adopted on February 12,
22		2001 by the Village of Crete. ;
23		(92) If if the ordinance was adopted on April 23, 2001
24		by the Village of Crete. ;
25		(93) If if the ordinance was adopted on December 16,
26		1986 by the City of Champaign. ;

HB4137 Engrossed - 227 - LRB099 07987 AMC 28127 b
1		(94) If if the ordinance was adopted on December 20,
2		1986 by the City of Charleston. ;
3		(95) If if the ordinance was adopted on June 6, 1989 by
4		the Village of Romeoville. ;
5		(96) If if the ordinance was adopted on October 14,
6		1993 and amended on August 2, 2010 by the City of Venice. ;
7		(97) If if the ordinance was adopted on June 1, 1994 by
8		the City of Markham. ;
9		(98) If if the ordinance was adopted on May 19, 1998 by
10		the Village of Bensenville. ;
11		(99) If if the ordinance was adopted on November 12,
12		1987 by the City of Dixon. ;
13		(100) If if the ordinance was adopted on December 20,
14		1988 by the Village of Lansing. ;
15		(101) If if the ordinance was adopted on October 27,
16		1998 by the City of Moline. ;
17		(102) If if the ordinance was adopted on May 21, 1991
18		by the Village of Glenwood. ;
19		(103) If if the ordinance was adopted on January 28,
20		1992 by the City of East Peoria. ;
21		(104) If if the ordinance was adopted on December 14,
22		1998 by the City of Carlyle. ;
23		(105) If if the ordinance was adopted on May 17, 2000,
24		as subsequently amended, by the City of Chicago to create
25		the Midwest Redevelopment TIF District. ;
26		(106) If if the ordinance was adopted on September 13,

HB4137 Engrossed - 228 - LRB099 07987 AMC 28127 b
1		1989 by the City of Chicago to create the Michigan/Cermak
2		Area TIF District. ;
3		(107) If if the ordinance was adopted on March 30, 1992
4		by the Village of Ohio. ;
5		(108) If if the ordinance was adopted on July 6, 1998
6		by the Village of Orangeville. ;
7		(109) If if the ordinance was adopted on December 16,
8		1997 by the Village of Germantown. ;
9		(110) If if the ordinance was adopted on April 28, 2003
10		by Gibson City. ;
11		(111) If if the ordinance was adopted on December 18,
12		1990 by the Village of Washington Park, but only after the
13		Village of Washington Park becomes compliant with the
14		reporting requirements under subsection (d) of Section
15		11-74.4-5, and after the State Comptroller's certification
16		of such compliance. ;
17		(112) If if the ordinance was adopted on February 28,
18		2000 by the City of Harvey. ; or
19		(113) If if the ordinance was adopted on January 11,
20		1991 by the City of Chicago to create the Read/Dunning TIF
21		District. ;
22		(114) If if the ordinance was adopted on July 24, 1991
23		by the City of Chicago to create the Sanitary and Ship
24		Canal TIF District. ;
25		(115) If if the ordinance was adopted on December 4,
26		2007 by the City of Naperville. ;

HB4137 Engrossed - 229 - LRB099 07987 AMC 28127 b
1		(116) If if the ordinance was adopted on July 1, 2002
2		by the Village of Arlington Heights. ;
3		(117) If if the ordinance was adopted on February 11,
4		1991 by the Village of Machesney Park. ;
5		(118) If if the ordinance was adopted on December 29,
6		1993 by the City of Ottawa. ; or
7		(119) If if the ordinance was adopted on June 4, 1991
8		by the Village of Lansing.
9		(120) If (119) if the ordinance was adopted on February
10		10, 2004 by the Village of Fox Lake. ;
11		(121) If (120) if the ordinance was adopted on December
12		22, 1992 by the City of Fairfield. ; or
13		(122) If (121) if the ordinance was adopted on February
14		10, 1992 by the City of Mt. Sterling.
15		(123) If (113) if the ordinance was adopted on March
16		15, 2004 by the City of Batavia.
17		(124) If (119) if the ordinance was adopted on March
18		18, 2002 by the Village of Lake Zurich.
19		(d) For redevelopment project areas for which bonds were
20		issued before July 29, 1991, or for which contracts were
21		entered into before June 1, 1988, in connection with a
22		redevelopment project in the area within the State Sales Tax
23		Boundary, the estimated dates of completion of the
24		redevelopment project and retirement of obligations to finance
25		redevelopment project costs (including refunding bonds under
26		Section 11-74.4-7) may be extended by municipal ordinance to

HB4137 Engrossed - 230 - LRB099 07987 AMC 28127 b
1		December 31, 2013. The termination procedures of subsection (b)
2		of Section 11-74.4-8 are not required for these redevelopment
3		project areas in 2009 but are required in 2013. The extension
4		allowed by Public Act 87-1272 shall not apply to real property
5		tax increment allocation financing under Section 11-74.4-8.
6		(e) Those dates, for purposes of real property tax
7		increment allocation financing pursuant to Section 11-74.4-8
8		only, shall be not more than 35 years for redevelopment project
9		areas that were adopted on or after December 16, 1986 and for
10		which at least $8 million worth of municipal bonds were
11		authorized on or after December 19, 1989 but before January 1,
12		1990; provided that the municipality elects to extend the life
13		of the redevelopment project area to 35 years by the adoption
14		of an ordinance after at least 14 but not more than 30 days'
15		written notice to the taxing bodies, that would otherwise
16		constitute the joint review board for the redevelopment project
17		area, before the adoption of the ordinance.
18		(f) Those dates, for purposes of real property tax
19		increment allocation financing pursuant to Section 11-74.4-8
20		only, shall be not more than 35 years for redevelopment project
21		areas that were established on or after December 1, 1981 but
22		before January 1, 1982 and for which at least $1,500,000 worth
23		of tax increment revenue bonds were authorized on or after
24		September 30, 1990 but before July 1, 1991; provided that the
25		municipality elects to extend the life of the redevelopment
26		project area to 35 years by the adoption of an ordinance after

HB4137 Engrossed - 231 - LRB099 07987 AMC 28127 b
1		at least 14 but not more than 30 days' written notice to the
2		taxing bodies, that would otherwise constitute the joint review
3		board for the redevelopment project area, before the adoption
4		of the ordinance.
5		(g) In consolidating the material relating to completion
6		dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
7		it is not the intent of the General Assembly to make any
8		substantive change in the law, except for the extension of the
9		completion dates for the City of Aurora, the Village of Milan,
10		the City of West Frankfort, the Village of Libertyville, and
11		the Village of Hoffman Estates set forth under items (67),
12		(68), (69), (70), and (71) of subsection (c) of this Section.
13		(Source: P.A. 97-93, eff. 1-1-12; 97-372, eff. 8-15-11; 97-600,
14		eff. 8-26-11; 97-633, eff. 12-16-11; 97-635, eff. 12-16-11;
15		97-807, eff. 7-13-12; 97-1114, eff. 8-27-12; 98-109, eff.
16		7-25-13; 98-135, eff. 8-2-13; 98-230, eff. 8-9-13; 98-463, eff.
17		8-16-13; 98-614, eff. 12-27-13; 98-667, eff. 6-25-14; 98-889,
18		eff. 8-15-14; 98-893, eff. 8-15-14; 98-1064, eff. 8-26-14;
19		98-1136, eff. 12-29-14; 98-1153, eff. 1-9-15; 98-1157, eff.
20		1-9-15; 98-1159, eff. 1-9-15; revised 2-2-15.)
21		Section 185. The Fire Protection District Act is amended by
22		changing Sections 11b and 16.06b as follows:
23		(70 ILCS 705/11b) (from Ch. 127 1/2, par. 31b)
24		Sec. 11b. In case any fire protection district organized

HB4137 Engrossed - 232 - LRB099 07987 AMC 28127 b
1		hereunder is coterminous with or includes within its corporate
2		limits in whole or in part any city, village or incorporated
3		town authorized to provide protection from fire and to regulate
4		the prevention and control of fire within such city, village or
5		incorporated town and to levy taxes for any such purposes, then
6		such city, village or incorporated town shall not exercise any
7		such powers as necessarily conflict with the powers to be
8		exercised by such district in respect to such fire protection
9		and regulation within the fire protection district from and
10		after the date that it receives written notice from the State
11		Fire Marshal to cease or refrain from the operation of any fire
12		protection facilities and the exercise of such powers, which
13		notice shall be given only after the State Fire Marshal has
14		ascertained that the Fire Protection District has placed its
15		fire protection facilities in operation. Such city, village or
16		incorporated town shall not thereafter own, operate, maintain,
17		manage, control or have an interest in any fire protection
18		facilities located within the corporate limits of the fire
19		protection district, except water mains and hydrants and except
20		as otherwise provided in this Act. Where any city, village, or
21		incorporated town with 500 or more mre residents is in fact
22		owning, operating, and maintaining a fire department or fire
23		departments located in whole or in part within or adjacent to
24		the corporate limits of a fire protection district organized
25		under this Act, such city, village, or incorporated town shall
26		not cease operating and maintaining the fire department or

HB4137 Engrossed - 233 - LRB099 07987 AMC 28127 b
1		departments unless such proposed cessation of services is first
2		submitted by referendum to voters, as provided by Section 15b
3		of this Act. In addition, where any city, village, or
4		incorporated town is in fact owning, operating, and maintaining
5		a fire department or fire departments located within the
6		corporate limits of a fire protection district organized under
7		this Act, such city, village, or incorporated town shall be
8		paid and reimbursed for its actual expenditures and for all
9		existing obligations incurred, including all pension and
10		annuity plans applicable to the maintenance of fire protection
11		facilities theretofore made in establishing such facilities
12		and in acquiring, constructing, improving or developing any
13		such existing facilities in the manner provided for by this
14		Act. The terms of payment shall provide for reimbursement in
15		full within not less than 20 years from the date of such
16		agreement.
17		(Source: P.A. 98-666, eff. 1-1-15; revised 12-1-14.)
18		(70 ILCS 705/16.06b)
19		Sec. 16.06b. Original appointments; full-time fire
20		department.
21		(a) Applicability. Unless a commission elects to follow the
22		provisions of Section 16.06c, this Section shall apply to all
23		original appointments to an affected full-time fire
24		department. Existing registers of eligibles shall continue to
25		be valid until their expiration dates, or up to a maximum of 2

HB4137 Engrossed - 234 - LRB099 07987 AMC 28127 b
1		years after the effective date of this amendatory Act of the
2		97th General Assembly.
3		Notwithstanding any statute, ordinance, rule, or other law
4		to the contrary, all original appointments to an affected
5		department to which this Section applies shall be administered
6		in a no less stringent manner than the manner provided for in
7		this Section. Provisions of the Illinois Municipal Code, Fire
8		Protection District Act, fire district ordinances, and rules
9		adopted pursuant to such authority and other laws relating to
10		initial hiring of firefighters in affected departments shall
11		continue to apply to the extent they are compatible with this
12		Section, but in the event of a conflict between this Section
13		and any other law, this Section shall control.
14		A fire protection district that is operating under a court
15		order or consent decree regarding original appointments to a
16		full-time fire department before the effective date of this
17		amendatory Act of the 97th General Assembly is exempt from the
18		requirements of this Section for the duration of the court
19		order or consent decree.
20		(b) Original appointments. All original appointments made
21		to an affected fire department shall be made from a register of
22		eligibles established in accordance with the processes
23		required by this Section. Only persons who meet or exceed the
24		performance standards required by the Section shall be placed
25		on a register of eligibles for original appointment to an
26		affected fire department.

HB4137 Engrossed - 235 - LRB099 07987 AMC 28127 b
1		Whenever an appointing authority authorizes action to hire
2		a person to perform the duties of a firefighter or to hire a
3		firefighter-paramedic to fill a position that is a new position
4		or vacancy due to resignation, discharge, promotion, death, the
5		granting of a disability or retirement pension, or any other
6		cause, the appointing authority shall appoint to that position
7		the person with the highest ranking on the final eligibility
8		list. If the appointing authority has reason to conclude that
9		the highest ranked person fails to meet the minimum standards
10		for the position or if the appointing authority believes an
11		alternate candidate would better serve the needs of the
12		department, then the appointing authority has the right to pass
13		over the highest ranked person and appoint either: (i) any
14		person who has a ranking in the top 5% of the register of
15		eligibles or (ii) any person who is among the top 5 highest
16		ranked persons on the list of eligibles if the number of people
17		who have a ranking in the top 5% of the register of eligibles
18		is less than 5 people.
19		Any candidate may pass on an appointment once without
20		losing his or her position on the register of eligibles. Any
21		candidate who passes a second time may be removed from the list
22		by the appointing authority provided that such action shall not
23		prejudice a person's opportunities to participate in future
24		examinations, including an examination held during the time a
25		candidate is already on the fire district's register of
26		eligibles.

HB4137 Engrossed - 236 - LRB099 07987 AMC 28127 b
1		The sole authority to issue certificates of appointment
2		shall be vested in the board of fire commissioners, or board of
3		trustees serving in the capacity of a board of fire
4		commissioners. All certificates of appointment issued to any
5		officer or member of an affected department shall be signed by
6		the chairperson and secretary, respectively, of the commission
7		upon appointment of such officer or member to the affected
8		department by action of the commission. Each person who accepts
9		a certificate of appointment and successfully completes his or
10		her probationary period shall be enrolled as a firefighter and
11		as a regular member of the fire department.
12		For the purposes of this Section, "firefighter" means any
13		person who has been prior to, on, or after the effective date
14		of this amendatory Act of the 97th General Assembly appointed
15		to a fire department or fire protection district or employed by
16		a State university and sworn or commissioned to perform
17		firefighter duties or paramedic duties, or both, except that
18		the following persons are not included: part-time
19		firefighters; auxiliary, reserve, or voluntary firefighters,
20		including paid-on-call firefighters; clerks and dispatchers or
21		other civilian employees of a fire department or fire
22		protection district who are not routinely expected to perform
23		firefighter duties; and elected officials.
24		(c) Qualification for placement on register of eligibles.
25		The purpose of establishing a register of eligibles is to
26		identify applicants who possess and demonstrate the mental

HB4137 Engrossed - 237 - LRB099 07987 AMC 28127 b
1		aptitude and physical ability to perform the duties required of
2		members of the fire department in order to provide the highest
3		quality of service to the public. To this end, all applicants
4		for original appointment to an affected fire department shall
5		be subject to examination and testing which shall be public,
6		competitive, and open to all applicants unless the district
7		shall by ordinance limit applicants to residents of the
8		district, county or counties in which the district is located,
9		State, or nation. Any examination and testing procedure
10		utilized under subsection (e) of this Section shall be
11		supported by appropriate validation evidence and shall comply
12		with all applicable State state and federal laws. Districts may
13		establish educational, emergency medical service licensure,
14		and other pre-requisites for participation in an examination or
15		for hire as a firefighter. Any fire protection district may
16		charge a fee to cover the costs of the application process.
17		Residency requirements in effect at the time an individual
18		enters the fire service of a district cannot be made more
19		restrictive for that individual during his or her period of
20		service for that district, or be made a condition of promotion,
21		except for the rank or position of fire chief and for no more
22		than 2 positions that rank immediately below that of the chief
23		rank which are appointed positions pursuant to the Fire
24		Department Promotion Act.
25		No person who is 35 years of age or older shall be eligible
26		to take an examination for a position as a firefighter unless

HB4137 Engrossed - 238 - LRB099 07987 AMC 28127 b
1		the person has had previous employment status as a firefighter
2		in the regularly constituted fire department of the district,
3		except as provided in this Section. The age limitation does not
4		apply to:
5		(1) any person previously employed as a full-time
6		firefighter in a regularly constituted fire department of
7		(i) any municipality or fire protection district located in
8		Illinois, (ii) a fire protection district whose
9		obligations were assumed by a municipality under Section 21
10		of the Fire Protection District Act, or (iii) a
11		municipality whose obligations were taken over by a fire
12		protection district; , or
13		(2) any person who has served a fire district as a
14		regularly enrolled volunteer, paid-on-call, or part-time
15		firefighter for the 5 years immediately preceding the time
16		that the district begins to use full-time firefighters to
17		provide all or part of its fire protection service; or
18		(3) any person who turned 35 while serving as a member
19		of the active or reserve components of any of the branches
20		of the Armed Forces of the United States or the National
21		Guard of any state, whose service was characterized as
22		honorable or under honorable, if separated from the
23		military, and is currently under the age of 40.
24		No person who is under 21 years of age shall be eligible
25		for employment as a firefighter.
26		No applicant shall be examined concerning his or her

HB4137 Engrossed - 239 - LRB099 07987 AMC 28127 b
1		political or religious opinions or affiliations. The
2		examinations shall be conducted by the commissioners of the
3		district or their designees and agents.
4		No district shall require that any firefighter appointed to
5		the lowest rank serve a probationary employment period of
6		longer than one year of actual active employment, which may
7		exclude periods of training, or injury or illness leaves,
8		including duty related leave, in excess of 30 calendar days.
9		Notwithstanding anything to the contrary in this Section, the
10		probationary employment period limitation may be extended for a
11		firefighter who is required, as a condition of employment, to
12		be a licensed paramedic, during which time the sole reason that
13		a firefighter may be discharged without a hearing is for
14		failing to meet the requirements for paramedic licensure.
15		In the event that any applicant who has been found eligible
16		for appointment and whose name has been placed upon the final
17		eligibility register provided for in this Section has not been
18		appointed to a firefighter position within one year after the
19		date of his or her physical ability examination, the commission
20		may cause a second examination to be made of that applicant's
21		physical ability prior to his or her appointment. If, after the
22		second examination, the physical ability of the applicant shall
23		be found to be less than the minimum standard fixed by the
24		rules of the commission, the applicant shall not be appointed.
25		The applicant's name may be retained upon the register of
26		candidates eligible for appointment and when next reached for

HB4137 Engrossed - 240 - LRB099 07987 AMC 28127 b
1		certification and appointment that applicant may be again
2		examined as provided in this Section, and if the physical
3		ability of that applicant is found to be less than the minimum
4		standard fixed by the rules of the commission, the applicant
5		shall not be appointed, and the name of the applicant shall be
6		removed from the register.
7		(d) Notice, examination, and testing components. Notice of
8		the time, place, general scope, merit criteria for any
9		subjective component, and fee of every examination shall be
10		given by the commission, by a publication at least 2 weeks
11		preceding the examination: (i) in one or more newspapers
12		published in the district, or if no newspaper is published
13		therein, then in one or more newspapers with a general
14		circulation within the district, or (ii) on the fire protection
15		district's Internet website. Additional notice of the
16		examination may be given as the commission shall prescribe.
17		The examination and qualifying standards for employment of
18		firefighters shall be based on: mental aptitude, physical
19		ability, preferences, moral character, and health. The mental
20		aptitude, physical ability, and preference components shall
21		determine an applicant's qualification for and placement on the
22		final register of eligibles. The examination may also include a
23		subjective component based on merit criteria as determined by
24		the commission. Scores from the examination must be made
25		available to the public.
26		(e) Mental aptitude. No person who does not possess at

HB4137 Engrossed - 241 - LRB099 07987 AMC 28127 b
1		least a high school diploma or an equivalent high school
2		education shall be placed on a register of eligibles.
3		Examination of an applicant's mental aptitude shall be based
4		upon a written examination. The examination shall be practical
5		in character and relate to those matters that fairly test the
6		capacity of the persons examined to discharge the duties
7		performed by members of a fire department. Written examinations
8		shall be administered in a manner that ensures the security and
9		accuracy of the scores achieved.
10		(f) Physical ability. All candidates shall be required to
11		undergo an examination of their physical ability to perform the
12		essential functions included in the duties they may be called
13		upon to perform as a member of a fire department. For the
14		purposes of this Section, essential functions of the job are
15		functions associated with duties that a firefighter may be
16		called upon to perform in response to emergency calls. The
17		frequency of the occurrence of those duties as part of the fire
18		department's regular routine shall not be a controlling factor
19		in the design of examination criteria or evolutions selected
20		for testing. These physical examinations shall be open,
21		competitive, and based on industry standards designed to test
22		each applicant's physical abilities in the following
23		dimensions:
24		(1) Muscular strength to perform tasks and evolutions
25		that may be required in the performance of duties including
26		grip strength, leg strength, and arm strength. Tests shall

HB4137 Engrossed - 242 - LRB099 07987 AMC 28127 b
1		be conducted under anaerobic as well as aerobic conditions
2		to test both the candidate's speed and endurance in
3		performing tasks and evolutions. Tasks tested may be based
4		on standards developed, or approved, by the local
5		appointing authority.
6		(2) The ability to climb ladders, operate from heights,
7		walk or crawl in the dark along narrow and uneven surfaces,
8		and operate in proximity to hazardous environments.
9		(3) The ability to carry out critical, time-sensitive,
10		and complex problem solving during physical exertion in
11		stressful and hazardous environments. The testing
12		environment may be hot and dark with tightly enclosed
13		spaces, flashing lights, sirens, and other distractions.
14		The tests utilized to measure each applicant's
15		capabilities in each of these dimensions may be tests based on
16		industry standards currently in use or equivalent tests
17		approved by the Joint Labor-Management Committee of the Office
18		of the State Fire Marshal.
19		Physical ability examinations administered under this
20		Section shall be conducted with a reasonable number of proctors
21		and monitors, open to the public, and subject to reasonable
22		regulations of the commission.
23		(g) Scoring of examination components. Appointing
24		authorities may create a preliminary eligibility register. A
25		person shall be placed on the list based upon his or her
26		passage of the written examination or the passage of the

HB4137 Engrossed - 243 - LRB099 07987 AMC 28127 b
1		written examination and the physical ability component.
2		Passage of the written examination means attaining the minimum
3		score set by the commission. Minimum scores should be set by
4		the appointing authorities so as to demonstrate a candidate's
5		ability to perform the essential functions of the job. The
6		minimum score set by the commission shall be supported by
7		appropriate validation evidence and shall comply with all
8		applicable State state and federal laws. The appointing
9		authority may conduct the physical ability component and any
10		subjective components subsequent to the posting of the
11		preliminary eligibility register.
12		The examination components for an initial eligibility
13		register shall be graded on a 100-point scale. A person's
14		position on the list shall be determined by the following: (i)
15		the person's score on the written examination, (ii) the person
16		successfully passing the physical ability component, and (iii)
17		the person's results on any subjective component as described
18		in subsection (d).
19		In order to qualify for placement on the final eligibility
20		register, an applicant's score on the written examination,
21		before any applicable preference points or subjective points
22		are applied, shall be at or above the minimum score set by the
23		commission. The local appointing authority may prescribe the
24		score to qualify for placement on the final eligibility
25		register, but the score shall not be less than the minimum
26		score set by the commission.

HB4137 Engrossed - 244 - LRB099 07987 AMC 28127 b
1		The commission shall prepare and keep a register of persons
2		whose total score is not less than the minimum score for
3		passage and who have passed the physical ability examination.
4		These persons shall take rank upon the register as candidates
5		in the order of their relative excellence based on the highest
6		to the lowest total points scored on the mental aptitude,
7		subjective component, and preference components of the test
8		administered in accordance with this Section. No more than 60
9		days after each examination, an initial eligibility list shall
10		be posted by the commission. The list shall include the final
11		grades of the candidates without reference to priority of the
12		time of examination and subject to claim for preference credit.
13		Commissions may conduct additional examinations, including
14		without limitation a polygraph test, after a final eligibility
15		register is established and before it expires with the
16		candidates ranked by total score without regard to date of
17		examination. No more than 60 days after each examination, an
18		initial eligibility list shall be posted by the commission
19		showing the final grades of the candidates without reference to
20		priority of time of examination and subject to claim for
21		preference credit.
22		(h) Preferences. The following are preferences:
23		(1) Veteran preference. Persons who were engaged in the
24		military service of the United States for a period of at
25		least one year of active duty and who were honorably
26		discharged therefrom, or who are now or have been members

HB4137 Engrossed - 245 - LRB099 07987 AMC 28127 b
1		on inactive or reserve duty in such military or naval
2		service, shall be preferred for appointment to and
3		employment with the fire department of an affected
4		department.
5		(2) Fire cadet preference. Persons who have
6		successfully completed 2 years of study in fire techniques
7		or cadet training within a cadet program established under
8		the rules of the Joint Labor and Management Committee
9		(JLMC), as defined in Section 50 of the Fire Department
10		Promotion Act, may be preferred for appointment to and
11		employment with the fire department.
12		(3) Educational preference. Persons who have
13		successfully obtained an associate's degree in the field of
14		fire service or emergency medical services, or a bachelor's
15		degree from an accredited college or university may be
16		preferred for appointment to and employment with the fire
17		department.
18		(4) Paramedic preference. Persons who have obtained a
19		license as a paramedic may be preferred for appointment to
20		and employment with the fire department of an affected
21		department providing emergency medical services.
22		(5) Experience preference. All persons employed by a
23		district who have been paid-on-call or part-time certified
24		Firefighter II, certified Firefighter III, State of
25		Illinois or nationally licensed EMT, EMT-I, A-EMT, or
26		paramedic, or any combination of those capacities may be

HB4137 Engrossed - 246 - LRB099 07987 AMC 28127 b
1		awarded up to a maximum of 5 points. However, the applicant
2		may not be awarded more than 0.5 points for each complete
3		year of paid-on-call or part-time service. Applicants from
4		outside the district who were employed as full-time
5		firefighters or firefighter-paramedics by a fire
6		protection district or municipality for at least 2 years
7		may be awarded up to 5 experience preference points.
8		However, the applicant may not be awarded more than one
9		point for each complete year of full-time service.
10		Upon request by the commission, the governing body of
11		the district or in the case of applicants from outside the
12		district the governing body of any other fire protection
13		district or any municipality shall certify to the
14		commission, within 10 days after the request, the number of
15		years of successful paid-on-call, part-time, or full-time
16		service of any person. A candidate may not receive the full
17		amount of preference points under this subsection if the
18		amount of points awarded would place the candidate before a
19		veteran on the eligibility list. If more than one candidate
20		receiving experience preference points is prevented from
21		receiving all of their points due to not being allowed to
22		pass a veteran, the candidates shall be placed on the list
23		below the veteran in rank order based on the totals
24		received if all points under this subsection were to be
25		awarded. Any remaining ties on the list shall be determined
26		by lot.

HB4137 Engrossed - 247 - LRB099 07987 AMC 28127 b
1		(6) Residency preference. Applicants whose principal
2		residence is located within the fire department's
3		jurisdiction may be preferred for appointment to and
4		employment with the fire department.
5		(7) Additional preferences. Up to 5 additional
6		preference points may be awarded for unique categories
7		based on an applicant's experience or background as
8		identified by the commission.
9		(8) Scoring of preferences. The commission shall give
10		preference for original appointment to persons designated
11		in item (1) by adding to the final grade that they receive
12		5 points for the recognized preference achieved. The
13		commission shall determine the number of preference points
14		for each category except (1). The number of preference
15		points for each category shall range from 0 to 5. In
16		determining the number of preference points, the
17		commission shall prescribe that if a candidate earns the
18		maximum number of preference points in all categories, that
19		number may not be less than 10 nor more than 30. The
20		commission shall give preference for original appointment
21		to persons designated in items (2) through (7) by adding
22		the requisite number of points to the final grade for each
23		recognized preference achieved. The numerical result thus
24		attained shall be applied by the commission in determining
25		the final eligibility list and appointment from the
26		eligibility list. The local appointing authority may

HB4137 Engrossed - 248 - LRB099 07987 AMC 28127 b
1		prescribe the total number of preference points awarded
2		under this Section, but the total number of preference
3		points shall not be less than 10 points or more than 30
4		points.
5		No person entitled to any preference shall be required to
6		claim the credit before any examination held under the
7		provisions of this Section, but the preference shall be given
8		after the posting or publication of the initial eligibility
9		list or register at the request of a person entitled to a
10		credit before any certification or appointments are made from
11		the eligibility register, upon the furnishing of verifiable
12		evidence and proof of qualifying preference credit. Candidates
13		who are eligible for preference credit shall make a claim in
14		writing within 10 days after the posting of the initial
15		eligibility list, or the claim shall be deemed waived. Final
16		eligibility registers shall be established after the awarding
17		of verified preference points. All employment shall be subject
18		to the commission's initial hire background review including,
19		but not limited to, criminal history, employment history, moral
20		character, oral examination, and medical and psychological
21		examinations, all on a pass-fail basis. The medical and
22		psychological examinations must be conducted last, and may only
23		be performed after a conditional offer of employment has been
24		extended.
25		Any person placed on an eligibility list who exceeds the
26		age requirement before being appointed to a fire department

HB4137 Engrossed - 249 - LRB099 07987 AMC 28127 b
1		shall remain eligible for appointment until the list is
2		abolished, or his or her name has been on the list for a period
3		of 2 years. No person who has attained the age of 35 years
4		shall be inducted into a fire department, except as otherwise
5		provided in this Section.
6		The commission shall strike off the names of candidates for
7		original appointment after the names have been on the list for
8		more than 2 years.
9		(i) Moral character. No person shall be appointed to a fire
10		department unless he or she is a person of good character; not
11		a habitual drunkard, a gambler, or a person who has been
12		convicted of a felony or a crime involving moral turpitude.
13		However, no person shall be disqualified from appointment to
14		the fire department because of the person's record of
15		misdemeanor convictions except those under Sections 11-6,
16		11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
17		12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
18		31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
19		1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
20		Criminal Code of 2012, or arrest for any cause without
21		conviction thereon. Any such person who is in the department
22		may be removed on charges brought for violating this subsection
23		and after a trial as hereinafter provided.
24		A classifiable set of the fingerprints of every person who
25		is offered employment as a certificated member of an affected
26		fire department whether with or without compensation, shall be

HB4137 Engrossed - 250 - LRB099 07987 AMC 28127 b
1		furnished to the Illinois Department of State Police and to the
2		Federal Bureau of Investigation by the commission.
3		Whenever a commission is authorized or required by law to
4		consider some aspect of criminal history record information for
5		the purpose of carrying out its statutory powers and
6		responsibilities, then, upon request and payment of fees in
7		conformance with the requirements of Section 2605-400 of the
8		State Police Law of the Civil Administrative Code of Illinois,
9		the Department of State Police is authorized to furnish,
10		pursuant to positive identification, the information contained
11		in State files as is necessary to fulfill the request.
12		(j) Temporary appointments. In order to prevent a stoppage
13		of public business, to meet extraordinary exigencies, or to
14		prevent material impairment of the fire department, the
15		commission may make temporary appointments, to remain in force
16		only until regular appointments are made under the provisions
17		of this Section, but never to exceed 60 days. No temporary
18		appointment of any one person shall be made more than twice in
19		any calendar year.
20		(k) A person who knowingly divulges or receives test
21		questions or answers before a written examination, or otherwise
22		knowingly violates or subverts any requirement of this Section,
23		commits a violation of this Section and may be subject to
24		charges for official misconduct.
25		A person who is the knowing recipient of test information
26		in advance of the examination shall be disqualified from the

HB4137 Engrossed - 251 - LRB099 07987 AMC 28127 b
1		examination or discharged from the position to which he or she
2		was appointed, as applicable, and otherwise subjected to
3		disciplinary actions.
4		(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
5		97-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff.
6		8-15-14; 98-995, eff. 8-18-14; revised 10-2-14.)
7		Section 190. The School Code is amended by changing
8		Sections 2-3.25g, 3-15.12, 14-7.02, 19-1, 24-12, 27-23.7,
9		27A-4, 27A-5, 27A-6, 27A-7, 27A-11, 30-14.2, and 34-85 and by
10		setting forth and renumbering multiple versions of Section
11		2-3.160 as follows:
12		(105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
13		Sec. 2-3.25g. Waiver or modification of mandates within the
14		School Code and administrative rules and regulations.
15		(a) In this Section:
16		"Board" means a school board or the governing board or
17		administrative district, as the case may be, for a joint
18		agreement.
19		"Eligible applicant" means a school district, joint
20		agreement made up of school districts, or regional
21		superintendent of schools on behalf of schools and programs
22		operated by the regional office of education.
23		"Implementation date" has the meaning set forth in
24		Section 24A-2.5 of this Code.

HB4137 Engrossed - 252 - LRB099 07987 AMC 28127 b
1		"State Board" means the State Board of Education.
2		(b) Notwithstanding any other provisions of this School
3		Code or any other law of this State to the contrary, eligible
4		applicants may petition the State Board of Education for the
5		waiver or modification of the mandates of this School Code or
6		of the administrative rules and regulations promulgated by the
7		State Board of Education. Waivers or modifications of
8		administrative rules and regulations and modifications of
9		mandates of this School Code may be requested when an eligible
10		applicant demonstrates that it can address the intent of the
11		rule or mandate in a more effective, efficient, or economical
12		manner or when necessary to stimulate innovation or improve
13		student performance. Waivers of mandates of the School Code may
14		be requested when the waivers are necessary to stimulate
15		innovation or improve student performance. Waivers may not be
16		requested from laws, rules, and regulations pertaining to
17		special education, teacher educator licensure, teacher tenure
18		and seniority, or Section 5-2.1 of this Code or from compliance
19		with the No Child Left Behind Act of 2001 (Public Law 107-110).
20		Eligible applicants may not seek a waiver or seek a
21		modification of a mandate regarding the requirements for (i)
22		student performance data to be a significant factor in teacher
23		or principal evaluations or (ii) for teachers and principals to
24		be rated using the 4 categories of "excellent", "proficient",
25		"needs improvement", or "unsatisfactory". On September 1,
26		2014, any previously authorized waiver or modification from

HB4137 Engrossed - 253 - LRB099 07987 AMC 28127 b
1		such requirements shall terminate.
2		(c) Eligible applicants, as a matter of inherent managerial
3		policy, and any Independent Authority established under
4		Section 2-3.25f-5 of this Code may submit an application for a
5		waiver or modification authorized under this Section. Each
6		application must include a written request by the eligible
7		applicant or Independent Authority and must demonstrate that
8		the intent of the mandate can be addressed in a more effective,
9		efficient, or economical manner or be based upon a specific
10		plan for improved student performance and school improvement.
11		Any eligible applicant requesting a waiver or modification for
12		the reason that intent of the mandate can be addressed in a
13		more economical manner shall include in the application a
14		fiscal analysis showing current expenditures on the mandate and
15		projected savings resulting from the waiver or modification.
16		Applications and plans developed by eligible applicants must be
17		approved by the board or regional superintendent of schools
18		applying on behalf of schools or programs operated by the
19		regional office of education following a public hearing on the
20		application and plan and the opportunity for the board or
21		regional superintendent to hear testimony from staff directly
22		involved in its implementation, parents, and students. The time
23		period for such testimony shall be separate from the time
24		period established by the eligible applicant for public comment
25		on other matters. If the applicant is a school district or
26		joint agreement requesting a waiver or modification of Section

HB4137 Engrossed - 254 - LRB099 07987 AMC 28127 b
1		27-6 of this Code, the public hearing shall be held on a day
2		other than the day on which a regular meeting of the board is
3		held.
4		(c-5) If the applicant is a school district, then the
5		district shall post information that sets forth the time, date,
6		place, and general subject matter of the public hearing on its
7		Internet website at least 14 days prior to the hearing. If the
8		district is requesting to increase the fee charged for driver
9		education authorized pursuant to Section 27-24.2 of this Code,
10		the website information shall include the proposed amount of
11		the fee the district will request. All school districts must
12		publish a notice of the public hearing at least 7 days prior to
13		the hearing in a newspaper of general circulation within the
14		school district that sets forth the time, date, place, and
15		general subject matter of the hearing. Districts requesting to
16		increase the fee charged for driver education shall include in
17		the published notice the proposed amount of the fee the
18		district will request. If the applicant is a joint agreement or
19		regional superintendent, then the joint agreement or regional
20		superintendent shall post information that sets forth the time,
21		date, place, and general subject matter of the public hearing
22		on its Internet website at least 14 days prior to the hearing.
23		If the joint agreement or regional superintendent is requesting
24		to increase the fee charged for driver education authorized
25		pursuant to Section 27-24.2 of this Code, the website
26		information shall include the proposed amount of the fee the

HB4137 Engrossed - 255 - LRB099 07987 AMC 28127 b
1		applicant will request. All joint agreements and regional
2		superintendents must publish a notice of the public hearing at
3		least 7 days prior to the hearing in a newspaper of general
4		circulation in each school district that is a member of the
5		joint agreement or that is served by the educational service
6		region that sets forth the time, date, place, and general
7		subject matter of the hearing, provided that a notice appearing
8		in a newspaper generally circulated in more than one school
9		district shall be deemed to fulfill this requirement with
10		respect to all of the affected districts. Joint agreements or
11		regional superintendents requesting to increase the fee
12		charged for driver education shall include in the published
13		notice the proposed amount of the fee the applicant will
14		request. The eligible applicant must notify in writing the
15		affected exclusive collective bargaining agent and those State
16		legislators representing the eligible applicant's territory of
17		its intent to seek approval of a waiver or modification and of
18		the hearing to be held to take testimony from staff. The
19		affected exclusive collective bargaining agents shall be
20		notified of such public hearing at least 7 days prior to the
21		date of the hearing and shall be allowed to attend such public
22		hearing. The eligible applicant shall attest to compliance with
23		all of the notification and procedural requirements set forth
24		in this Section.
25		(d) A request for a waiver or modification of
26		administrative rules and regulations or for a modification of

HB4137 Engrossed - 256 - LRB099 07987 AMC 28127 b
1		mandates contained in this School Code shall be submitted to
2		the State Board of Education within 15 days after approval by
3		the board or regional superintendent of schools. The
4		application as submitted to the State Board of Education shall
5		include a description of the public hearing. Except with
6		respect to contracting for adaptive driver education, an
7		eligible applicant wishing to request a modification or waiver
8		of administrative rules of the State Board of Education
9		regarding contracting with a commercial driver training school
10		to provide the course of study authorized under Section 27-24.2
11		of this Code must provide evidence with its application that
12		the commercial driver training school with which it will
13		contract holds a license issued by the Secretary of State under
14		Article IV of Chapter 6 of the Illinois Vehicle Code and that
15		each instructor employed by the commercial driver training
16		school to provide instruction to students served by the school
17		district holds a valid teaching certificate or teaching
18		license, as applicable, issued under the requirements of this
19		Code and rules of the State Board of Education. Such evidence
20		must include, but need not be limited to, a list of each
21		instructor assigned to teach students served by the school
22		district, which list shall include the instructor's name,
23		personal identification number as required by the State Board
24		of Education, birth date, and driver's license number. If the
25		modification or waiver is granted, then the eligible applicant
26		shall notify the State Board of Education of any changes in the

HB4137 Engrossed - 257 - LRB099 07987 AMC 28127 b
1		personnel providing instruction within 15 calendar days after
2		an instructor leaves the program or a new instructor is hired.
3		Such notification shall include the instructor's name,
4		personal identification number as required by the State Board
5		of Education, birth date, and driver's license number. If a
6		school district maintains an Internet website, then the
7		district shall post a copy of the final contract between the
8		district and the commercial driver training school on the
9		district's Internet website. If no Internet website exists,
10		then the district shall make available the contract upon
11		request. A record of all materials in relation to the
12		application for contracting must be maintained by the school
13		district and made available to parents and guardians upon
14		request. The instructor's date of birth and driver's license
15		number and any other personally identifying information as
16		deemed by the federal Driver's Privacy Protection Act of 1994
17		must be redacted from any public materials. Following receipt
18		of the waiver or modification request, the State Board shall
19		have 45 days to review the application and request. If the
20		State Board fails to disapprove the application within that 45
21		day period, the waiver or modification shall be deemed granted.
22		The State Board may disapprove any request if it is not based
23		upon sound educational practices, endangers the health or
24		safety of students or staff, compromises equal opportunities
25		for learning, or fails to demonstrate that the intent of the
26		rule or mandate can be addressed in a more effective,

HB4137 Engrossed - 258 - LRB099 07987 AMC 28127 b
1		efficient, or economical manner or have improved student
2		performance as a primary goal. Any request disapproved by the
3		State Board may be appealed to the General Assembly by the
4		eligible applicant as outlined in this Section.
5		A request for a waiver from mandates contained in this
6		School Code shall be submitted to the State Board within 15
7		days after approval by the board or regional superintendent of
8		schools. The application as submitted to the State Board of
9		Education shall include a description of the public hearing.
10		The description shall include, but need not be limited to, the
11		means of notice, the number of people in attendance, the number
12		of people who spoke as proponents or opponents of the waiver, a
13		brief description of their comments, and whether there were any
14		written statements submitted. The State Board shall review the
15		applications and requests for completeness and shall compile
16		the requests in reports to be filed with the General Assembly.
17		The State Board shall file reports outlining the waivers
18		requested by eligible applicants and appeals by eligible
19		applicants of requests disapproved by the State Board with the
20		Senate and the House of Representatives before each March 1 and
21		October 1. The General Assembly may disapprove the report of
22		the State Board in whole or in part within 60 calendar days
23		after each house of the General Assembly next convenes after
24		the report is filed by adoption of a resolution by a record
25		vote of the majority of members elected in each house. If the
26		General Assembly fails to disapprove any waiver request or

HB4137 Engrossed - 259 - LRB099 07987 AMC 28127 b
1		appealed request within such 60 day period, the waiver or
2		modification shall be deemed granted. Any resolution adopted by
3		the General Assembly disapproving a report of the State Board
4		in whole or in part shall be binding on the State Board.
5		(e) An approved waiver or modification (except a waiver
6		from or modification to a physical education mandate) may
7		remain in effect for a period not to exceed 5 school years and
8		may be renewed upon application by the eligible applicant.
9		However, such waiver or modification may be changed within that
10		5-year period by a board or regional superintendent of schools
11		applying on behalf of schools or programs operated by the
12		regional office of education following the procedure as set
13		forth in this Section for the initial waiver or modification
14		request. If neither the State Board of Education nor the
15		General Assembly disapproves, the change is deemed granted.
16		An approved waiver from or modification to a physical
17		education mandate may remain in effect for a period not to
18		exceed 2 school years and may be renewed no more than 2 times
19		upon application by the eligible applicant. An approved waiver
20		from or modification to a physical education mandate may be
21		changed within the 2-year period by the board or regional
22		superintendent of schools, whichever is applicable, following
23		the procedure set forth in this Section for the initial waiver
24		or modification request. If neither the State Board of
25		Education nor the General Assembly disapproves, the change is
26		deemed granted.

HB4137 Engrossed - 260 - LRB099 07987 AMC 28127 b
1		(f) (Blank).
2		(Source: P.A. 97-1025, eff. 1-1-13; 98-513, eff. 1-1-14;
3		98-739, eff. 7-16-14; 98-1155, eff. 1-9-15; revised 2-1-15.)
4		(105 ILCS 5/2-3.160)
5		(Section scheduled to be repealed on July 1, 2015)
6		Sec. 2-3.160. School Security and Standards Task Force.
7		(a) The School Security and Standards Task Force is created
8		within the State Board of Education to study the security of
9		schools in this State, make recommendations, and draft minimum
10		standards for use by schools to make them more secure and to
11		provide a safer learning environment for the children of this
12		State. The Task Force shall consist of all of the following
13		members:
14		(1) One member of the public who is a parent and one
15		member of the Senate, appointed by the President of the
16		Senate.
17		(2) One member of the public who is a parent and one
18		member of the Senate, appointed by the Minority Leader of
19		the Senate.
20		(3) One member of the public who is a parent and one
21		member of the House of Representatives, appointed by the
22		Speaker of the House of Representatives.
23		(4) One member of the public who is a parent and one
24		member of the House of Representatives, appointed by the
25		Minority Leader of the House of Representatives.

HB4137 Engrossed - 261 - LRB099 07987 AMC 28127 b
1		(5) A representative from the State Board of Education,
2		appointed by the Chairperson of the State Board of
3		Education.
4		(6) A representative from the Department of State
5		Police, appointed by the Director of State Police.
6		(7) A representative from an association representing
7		Illinois sheriffs, appointed by the Governor.
8		(8) A representative from an association representing
9		Illinois chiefs of police, appointed by the Governor.
10		(9) A representative from an association representing
11		Illinois firefighters, appointed by the Governor.
12		(10) A representative from an association representing
13		Illinois regional superintendents of schools, appointed by
14		the Governor.
15		(11) A representative from an association representing
16		Illinois principals, appointed by the Governor.
17		(12) A representative from an association representing
18		Illinois school boards, appointed by the Governor.
19		(13) A representative from the security consulting
20		profession, appointed by the Governor.
21		(14) An architect or engineer who specializes in
22		security issues, appointed by the Governor.
23		Members of the Task Force appointed by the Governor must be
24		individuals who have knowledge, experience, and expertise in
25		the field of security or who have worked within the school
26		system. The appointment of members by the Governor must reflect

HB4137 Engrossed - 262 - LRB099 07987 AMC 28127 b
1		the geographic diversity of this State.
2		Members of the Task Force shall serve without compensation
3		and shall not be reimbursed for their expenses.
4		(b) The Task Force shall meet initially at the call of the
5		State Superintendent of Education. At this initial meeting, the
6		Task Force shall elect a member as presiding officer of the
7		Task Force by a majority vote of the membership of the Task
8		Force. Thereafter, the Task Force shall meet at the call of the
9		presiding officer.
10		(c) The State Board of Education shall provide
11		administrative and other support to the Task Force.
12		(d) The Task Force shall make recommendations for minimum
13		standards for security for the schools in this State. In making
14		those recommendations, the Task Force shall do all of the
15		following:
16		(1) Gather information concerning security in schools
17		as it presently exists.
18		(2) Receive reports and testimony from individuals,
19		school district superintendents, principals, teachers,
20		security experts, architects, engineers, and the law
21		enforcement community.
22		(3) Create minimum standards for securing schools.
23		(4) Give consideration to securing the physical
24		structures, security staffing recommendations,
25		communications, security equipment, alarms, video and
26		audio monitoring, school policies, egress and ingress,

HB4137 Engrossed - 263 - LRB099 07987 AMC 28127 b
1		security plans, emergency exits and escape, and any other
2		areas of security that the Task Force deems appropriate for
3		securing schools.
4		(5) Create a model security plan policy.
5		(6) Suggest possible funding recommendations for
6		schools to access for use in implementing enhanced security
7		measures.
8		(7) On or before January 1, 2015, submit a report to
9		the General Assembly and the Governor on specific
10		recommendations for changes to the current law or other
11		legislative measures.
12		(8) On or before January 1, 2015, submit a report to
13		the State Board of Education on specific recommendations
14		for model security plan policies for schools to access and
15		use as a guideline. This report is exempt from inspection
16		and copying under Section 7 of the Freedom of Information
17		Act.
18		The Task Force's recommendations may include proposals for
19		specific statutory changes and methods to foster cooperation
20		among State agencies and between this State and local
21		government.
22		(e) The Task Force is abolished and this Section is
23		repealed on July 1, 2015.
24		(Source: P.A. 98-695, eff. 7-3-14.)
25		(105 ILCS 5/2-3.161)

HB4137 Engrossed - 264 - LRB099 07987 AMC 28127 b
1		Sec. 2-3.161 2-3.160. Definition of dyslexia in rules;
2		reading instruction advisory group.
3		(a) The State Board of Education shall adopt rules that
4		incorporate an international definition of dyslexia into Part
5		226 of Title 23 of the Illinois Administrative Code.
6		(b) Subject to specific State appropriation or the
7		availability of private donations, the State Board of Education
8		shall establish an advisory group to develop a training module
9		or training modules to provide education and professional
10		development to teachers, school administrators, and other
11		education professionals regarding multi-sensory, systematic,
12		and sequential instruction in reading. This advisory group
13		shall complete its work before July 31, 2015 and is abolished
14		on July 31, 2015.
15		(Source: P.A. 98-705, eff. 7-14-14; revised 10-14-14.)
16		(105 ILCS 5/2-3.162)
17		Sec. 2-3.162 2-3.160. Student discipline report; school
18		discipline improvement plan.
19		(a) On or before October 31, 2015 and on or before October
20		31 of each subsequent year, the State Board of Education,
21		through the State Superintendent of Education, shall prepare a
22		report on student discipline in all school districts in this
23		State, including State-authorized charter schools. This report
24		shall include data from all public schools within school
25		districts, including district-authorized charter schools. This

HB4137 Engrossed - 265 - LRB099 07987 AMC 28127 b
1		report must be posted on the Internet website of the State
2		Board of Education. The report shall include data on the
3		issuance of out-of-school suspensions, expulsions, and
4		removals to alternative settings in lieu of another
5		disciplinary action, disaggregated by race and ethnicity,
6		gender, age, grade level, limited English proficiency,
7		incident type, and discipline duration.
8		(b) The State Board of Education shall analyze the data
9		under subsection (a) of this Section on an annual basis and
10		determine the top 20% of school districts for the following
11		metrics:
12		(1) Total number of out-of-school suspensions divided
13		by the total district enrollment by the last school day in
14		September for the year in which the data was collected,
15		multiplied by 100.
16		(2) Total number of out-of-school expulsions divided
17		by the total district enrollment by the last school day in
18		September for the year in which the data was collected,
19		multiplied by 100.
20		(3) Racial disproportionality, defined as the
21		overrepresentation of students of color or white students
22		in comparison to the total number of students of color or
23		white students on October 1st of the school year in which
24		data are collected, with respect to the use of
25		out-of-school suspensions and expulsions, which must be
26		calculated using the same method as the U.S. Department of

HB4137 Engrossed - 266 - LRB099 07987 AMC 28127 b
1		Education's Office for Civil Rights uses.
2		The analysis must be based on data collected over 3
3		consecutive school years, beginning with the 2014-2015 school
4		year.
5		Beginning with the 2017-2018 school year, the State Board
6		of Education shall require each of the school districts that
7		are identified in the top 20% of any of the metrics described
8		in this subsection (b) for 3 consecutive years to submit a plan
9		identifying the strategies the school district will implement
10		to reduce the use of exclusionary disciplinary practices or
11		racial disproportionality or both, if applicable. School
12		districts that no longer meet the criteria described in any of
13		the metrics described in this subsection (b) for 3 consecutive
14		years shall no longer be required to submit a plan.
15		This plan may be combined with any other improvement plans
16		required under federal or State law.
17		The calculation of the top 20% of any of the metrics
18		described in this subsection (b) shall exclude all school
19		districts, State-authorized charter schools, and special
20		charter districts that issued fewer than a total of 10
21		out-of-school suspensions or expulsions, whichever is
22		applicable, during the school year. The calculation of the top
23		20% of metric described in subdivision (3) of this subsection
24		(b) shall exclude all school districts with an enrollment of
25		fewer than 50 white students or fewer than 50 students of
26		color.

HB4137 Engrossed - 267 - LRB099 07987 AMC 28127 b
1		The plan must be approved at a public school board meeting
2		and posted on the school district's Internet website. Within
3		one year after being identified, the school district shall
4		submit to the State Board of Education and post on the
5		district's Internet website a progress report describing the
6		implementation of the plan and the results achieved.
7		(Source: P.A. 98-1102, eff. 8-26-14; revised 10-14-14.)
8		(105 ILCS 5/3-15.12) (from Ch. 122, par. 3-15.12)
9		Sec. 3-15.12. High school equivalency testing program. The
10		regional superintendent of schools shall make available for
11		qualified individuals residing within the region a High School
12		Equivalency Testing Program. For that purpose the regional
13		superintendent alone or with other regional superintendents
14		may establish and supervise a testing center or centers to
15		administer the secure forms for high school equivalency testing
16		to qualified persons. Such centers shall be under the
17		supervision of the regional superintendent in whose region such
18		centers are located, subject to the approval of the Executive
19		Director of the Illinois Community College Board.
20		An individual is eligible to apply to the regional
21		superintendent of schools for the region in which he or she
22		resides if he or she is: (a) a person who is 17 years of age or
23		older, has maintained residence in the State of Illinois, and
24		is not a high school graduate; (b) a person who is successfully
25		completing an alternative education program under Section

HB4137 Engrossed - 268 - LRB099 07987 AMC 28127 b
1		2-3.81, Article 13A, or Article 13B; or (c) a person who is
2		enrolled in a youth education program sponsored by the Illinois
3		National Guard. For purposes of this Section, residence is that
4		abode which the applicant considers his or her home. Applicants
5		may provide as sufficient proof of such residence and as an
6		acceptable form of identification a driver's license, valid
7		passport, military ID, or other form of government-issued
8		national or foreign identification that shows the applicant's
9		name, address, date of birth, signature, and photograph or
10		other acceptable identification as may be allowed by law or as
11		regulated by the Illinois Community College Board. Such
12		regional superintendent shall determine if the applicant meets
13		statutory and regulatory state standards. If qualified the
14		applicant shall at the time of such application pay a fee
15		established by the Illinois Community College Board, which fee
16		shall be paid into a special fund under the control and
17		supervision of the regional superintendent. Such moneys
18		received by the regional superintendent shall be used, first,
19		for the expenses incurred in administering and scoring the
20		examination, and next for other educational programs that are
21		developed and designed by the regional superintendent of
22		schools to assist those who successfully complete high school
23		equivalency testing in furthering their academic development
24		or their ability to secure and retain gainful employment,
25		including programs for the competitive award based on test
26		scores of college or adult education scholarship grants or

HB4137 Engrossed - 269 - LRB099 07987 AMC 28127 b
1		similar educational incentives. Any excess moneys shall be paid
2		into the institute fund.
3		Any applicant who has achieved the minimum passing
4		standards as established by the Illinois Community College
5		Board shall be notified in writing by the regional
6		superintendent and shall be issued a high school equivalency
7		certificate on the forms provided by the Illinois Community
8		College Board. The regional superintendent shall then certify
9		to the Illinois Community College Board the score of the
10		applicant and such other and additional information that may be
11		required by the Illinois Community College Board. The moneys
12		received therefrom shall be used in the same manner as provided
13		for in this Section.
14		Any applicant who has attained the age of 17 years and
15		maintained residence in the State of Illinois and is not a high
16		school graduate, any person who has enrolled in a youth
17		education program sponsored by the Illinois National Guard, or
18		any person who has successfully completed an alternative
19		education program under Section 2-3.81, Article 13A, or Article
20		13B is eligible to apply for a high school equivalency
21		certificate (if he or she meets the requirements prescribed by
22		the Illinois Community College Board) upon showing evidence
23		that he or she has completed, successfully, high school
24		equivalency testing, administered by the United States Armed
25		Forces Institute, official high school equivalency testing
26		centers established in other states, Veterans' Administration

HB4137 Engrossed - 270 - LRB099 07987 AMC 28127 b
1		Hospitals, or the office of the State Superintendent of
2		Education for the Illinois State Penitentiary System and the
3		Department of Corrections. Such applicant shall apply to the
4		regional superintendent of the region wherein he or she has
5		maintained residence, and, upon payment of a fee established by
6		the Illinois Community College Board, the regional
7		superintendent shall issue a high school equivalency
8		certificate and immediately thereafter certify to the Illinois
9		Community College Board the score of the applicant and such
10		other and additional information as may be required by the
11		Illinois Community College Board.
12		Notwithstanding the provisions of this Section, any
13		applicant who has been out of school for at least one year may
14		request the regional superintendent of schools to administer
15		restricted high school equivalency testing upon written
16		request of: the director of a program who certifies to the
17		Chief Examiner of an official high school equivalency testing
18		center that the applicant has completed a program of
19		instruction provided by such agencies as the Job Corps, the
20		Postal Service Academy, or an apprenticeship training program;
21		an employer or program director for purposes of entry into
22		apprenticeship programs; another state's department of
23		education in order to meet regulations established by that
24		department of education; or a post high school educational
25		institution for purposes of admission, the Department of
26		Financial and Professional Regulation for licensing purposes,

HB4137 Engrossed - 271 - LRB099 07987 AMC 28127 b
1		or the Armed Forces for induction purposes. The regional
2		superintendent shall administer such testing, and the
3		applicant shall be notified in writing that he or she is
4		eligible to receive a high school equivalency certificate upon
5		reaching age 17, provided he or she meets the standards
6		established by the Illinois Community College Board.
7		Any test administered under this Section to an applicant
8		who does not speak and understand English may at the discretion
9		of the administering agency be given and answered in any
10		language in which the test is printed. The regional
11		superintendent of schools may waive any fees required by this
12		Section in case of hardship.
13		In counties of over 3,000,000 population, a high school
14		equivalency certificate shall contain the signatures of the
15		Executive Director of the Illinois Community College Board and ;
16		the superintendent, president, or other chief executive
17		officer of the institution where high school equivalency
18		testing instruction occurred,; and any other signatures
19		authorized by the Illinois Community College Board.
20		The regional superintendent of schools shall furnish the
21		Illinois Community College Board with any information that the
22		Illinois Community College Board requests with regard to
23		testing and certificates under this Section.
24		(Source: P.A. 98-718, eff. 1-1-15; 98-719, eff. 1-1-15; revised
25		10-1-14.)

HB4137 Engrossed - 272 - LRB099 07987 AMC 28127 b
1		(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
2		Sec. 14-7.02. Children attending private schools, public
3		out-of-state schools, public school residential facilities or
4		private special education facilities. The General Assembly
5		recognizes that non-public schools or special education
6		facilities provide an important service in the educational
7		system in Illinois.
8		If because of his or her disability the special education
9		program of a district is unable to meet the needs of a child
10		and the child attends a non-public school or special education
11		facility, a public out-of-state school or a special education
12		facility owned and operated by a county government unit that
13		provides special educational services required by the child and
14		is in compliance with the appropriate rules and regulations of
15		the State Superintendent of Education, the school district in
16		which the child is a resident shall pay the actual cost of
17		tuition for special education and related services provided
18		during the regular school term and during the summer school
19		term if the child's educational needs so require, excluding
20		room, board and transportation costs charged the child by that
21		non-public school or special education facility, public
22		out-of-state school or county special education facility, or
23		$4,500 per year, whichever is less, and shall provide him any
24		necessary transportation. "Nonpublic special education
25		facility" shall include a residential facility, within or
26		without the State of Illinois, which provides special education

HB4137 Engrossed - 273 - LRB099 07987 AMC 28127 b
1		and related services to meet the needs of the child by
2		utilizing private schools or public schools, whether located on
3		the site or off the site of the residential facility.
4		The State Board of Education shall promulgate rules and
5		regulations for determining when placement in a private special
6		education facility is appropriate. Such rules and regulations
7		shall take into account the various types of services needed by
8		a child and the availability of such services to the particular
9		child in the public school. In developing these rules and
10		regulations the State Board of Education shall consult with the
11		Advisory Council on Education of Children with Disabilities and
12		hold public hearings to secure recommendations from parents,
13		school personnel, and others concerned about this matter.
14		The State Board of Education shall also promulgate rules
15		and regulations for transportation to and from a residential
16		school. Transportation to and from home to a residential school
17		more than once each school term shall be subject to prior
18		approval by the State Superintendent in accordance with the
19		rules and regulations of the State Board.
20		A school district making tuition payments pursuant to this
21		Section is eligible for reimbursement from the State for the
22		amount of such payments actually made in excess of the district
23		per capita tuition charge for students not receiving special
24		education services. Such reimbursement shall be approved in
25		accordance with Section 14-12.01 and each district shall file
26		its claims, computed in accordance with rules prescribed by the

HB4137 Engrossed - 274 - LRB099 07987 AMC 28127 b
1		State Board of Education, on forms prescribed by the State
2		Superintendent of Education. Data used as a basis of
3		reimbursement claims shall be for the preceding regular school
4		term and summer school term. Each school district shall
5		transmit its claims to the State Board of Education on or
6		before August 15. The State Board of Education, before
7		approving any such claims, shall determine their accuracy and
8		whether they are based upon services and facilities provided
9		under approved programs. Upon approval the State Board shall
10		cause vouchers to be prepared showing the amount due for
11		payment of reimbursement claims to school districts, for
12		transmittal to the State Comptroller on the 30th day of
13		September, December, and March, respectively, and the final
14		voucher, no later than June 20. If the money appropriated by
15		the General Assembly for such purpose for any year is
16		insufficient, it shall be apportioned on the basis of the
17		claims approved.
18		No child shall be placed in a special education program
19		pursuant to this Section if the tuition cost for special
20		education and related services increases more than 10 percent
21		over the tuition cost for the previous school year or exceeds
22		$4,500 per year unless such costs have been approved by the
23		Illinois Purchased Care Review Board. The Illinois Purchased
24		Care Review Board shall consist of the following persons, or
25		their designees: the Directors of Children and Family Services,
26		Public Health, Public Aid, and the Governor's Office of

HB4137 Engrossed - 275 - LRB099 07987 AMC 28127 b
1		Management and Budget; the Secretary of Human Services; the
2		State Superintendent of Education; and such other persons as
3		the Governor may designate. The Review Board shall also consist
4		of one non-voting member who is an administrator of a private,
5		nonpublic, special education school. The Review Board shall
6		establish rules and regulations for its determination of
7		allowable costs and payments made by local school districts for
8		special education, room and board, and other related services
9		provided by non-public schools or special education facilities
10		and shall establish uniform standards and criteria which it
11		shall follow. The Review Board shall approve the usual and
12		customary rate or rates of a special education program that (i)
13		is offered by an out-of-state, non-public provider of
14		integrated autism specific educational and autism specific
15		residential services, (ii) offers 2 or more levels of
16		residential care, including at least one locked facility, and
17		(iii) serves 12 or fewer Illinois students.
18		The Review Board shall establish uniform definitions and
19		criteria for accounting separately by special education, room
20		and board and other related services costs. The Board shall
21		also establish guidelines for the coordination of services and
22		financial assistance provided by all State agencies to assure
23		that no otherwise qualified disabled child receiving services
24		under Article 14 shall be excluded from participation in, be
25		denied the benefits of or be subjected to discrimination under
26		any program or activity provided by any State agency.

HB4137 Engrossed - 276 - LRB099 07987 AMC 28127 b
1		The Review Board shall review the costs for special
2		education and related services provided by non-public schools
3		or special education facilities and shall approve or disapprove
4		such facilities in accordance with the rules and regulations
5		established by it with respect to allowable costs.
6		The State Board of Education shall provide administrative
7		and staff support for the Review Board as deemed reasonable by
8		the State Superintendent of Education. This support shall not
9		include travel expenses or other compensation for any Review
10		Board member other than the State Superintendent of Education.
11		The Review Board shall seek the advice of the Advisory
12		Council on Education of Children with Disabilities on the rules
13		and regulations to be promulgated by it relative to providing
14		special education services.
15		If a child has been placed in a program in which the actual
16		per pupil costs of tuition for special education and related
17		services based on program enrollment, excluding room, board and
18		transportation costs, exceed $4,500 and such costs have been
19		approved by the Review Board, the district shall pay such total
20		costs which exceed $4,500. A district making such tuition
21		payments in excess of $4,500 pursuant to this Section shall be
22		responsible for an amount in excess of $4,500 equal to the
23		district per capita tuition charge and shall be eligible for
24		reimbursement from the State for the amount of such payments
25		actually made in excess of the districts per capita tuition
26		charge for students not receiving special education services.

HB4137 Engrossed - 277 - LRB099 07987 AMC 28127 b
1		If a child has been placed in an approved individual
2		program and the tuition costs including room and board costs
3		have been approved by the Review Board, then such room and
4		board costs shall be paid by the appropriate State agency
5		subject to the provisions of Section 14-8.01 of this Act. Room
6		and board costs not provided by a State agency other than the
7		State Board of Education shall be provided by the State Board
8		of Education on a current basis. In no event, however, shall
9		the State's liability for funding of these tuition costs begin
10		until after the legal obligations of third party payors have
11		been subtracted from such costs. If the money appropriated by
12		the General Assembly for such purpose for any year is
13		insufficient, it shall be apportioned on the basis of the
14		claims approved. Each district shall submit estimated claims to
15		the State Superintendent of Education. Upon approval of such
16		claims, the State Superintendent of Education shall direct the
17		State Comptroller to make payments on a monthly basis. The
18		frequency for submitting estimated claims and the method of
19		determining payment shall be prescribed in rules and
20		regulations adopted by the State Board of Education. Such
21		current state reimbursement shall be reduced by an amount equal
22		to the proceeds which the child or child's parents are eligible
23		to receive under any public or private insurance or assistance
24		program. Nothing in this Section shall be construed as
25		relieving an insurer or similar third party from an otherwise
26		valid obligation to provide or to pay for services provided to

HB4137 Engrossed - 278 - LRB099 07987 AMC 28127 b
1		a disabled child.
2		If it otherwise qualifies, a school district is eligible
3		for the transportation reimbursement under Section 14-13.01
4		and for the reimbursement of tuition payments under this
5		Section whether the non-public school or special education
6		facility, public out-of-state school or county special
7		education facility, attended by a child who resides in that
8		district and requires special educational services, is within
9		or outside of the State of Illinois. However, a district is not
10		eligible to claim transportation reimbursement under this
11		Section unless the district certifies to the State
12		Superintendent of Education that the district is unable to
13		provide special educational services required by the child for
14		the current school year.
15		Nothing in this Section authorizes the reimbursement of a
16		school district for the amount paid for tuition of a child
17		attending a non-public school or special education facility,
18		public out-of-state school or county special education
19		facility unless the school district certifies to the State
20		Superintendent of Education that the special education program
21		of that district is unable to meet the needs of that child
22		because of his disability and the State Superintendent of
23		Education finds that the school district is in substantial
24		compliance with Section 14-4.01. However, if a child is
25		unilaterally placed by a State agency or any court in a
26		non-public school or special education facility, public

HB4137 Engrossed - 279 - LRB099 07987 AMC 28127 b
1		out-of-state school, or county special education facility, a
2		school district shall not be required to certify to the State
3		Superintendent of Education, for the purpose of tuition
4		reimbursement, that the special education program of that
5		district is unable to meet the needs of a child because of his
6		or her disability.
7		Any educational or related services provided, pursuant to
8		this Section in a non-public school or special education
9		facility or a special education facility owned and operated by
10		a county government unit shall be at no cost to the parent or
11		guardian of the child. However, current law and practices
12		relative to contributions by parents or guardians for costs
13		other than educational or related services are not affected by
14		this amendatory Act of 1978.
15		Reimbursement for children attending public school
16		residential facilities shall be made in accordance with the
17		provisions of this Section.
18		Notwithstanding any other provision of law, any school
19		district receiving a payment under this Section or under
20		Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
21		all or a portion of the funds that it receives in a particular
22		fiscal year or from general State aid pursuant to Section
23		18-8.05 of this Code as funds received in connection with any
24		funding program for which it is entitled to receive funds from
25		the State in that fiscal year (including, without limitation,
26		any funding program referenced in this Section), regardless of

HB4137 Engrossed - 280 - LRB099 07987 AMC 28127 b
1		the source or timing of the receipt. The district may not
2		classify more funds as funds received in connection with the
3		funding program than the district is entitled to receive in
4		that fiscal year for that program. Any classification by a
5		district must be made by a resolution of its board of
6		education. The resolution must identify the amount of any
7		payments or general State aid to be classified under this
8		paragraph and must specify the funding program to which the
9		funds are to be treated as received in connection therewith.
10		This resolution is controlling as to the classification of
11		funds referenced therein. A certified copy of the resolution
12		must be sent to the State Superintendent of Education. The
13		resolution shall still take effect even though a copy of the
14		resolution has not been sent to the State Superintendent of
15		Education in a timely manner. No classification under this
16		paragraph by a district shall affect the total amount or timing
17		of money the district is entitled to receive under this Code.
18		No classification under this paragraph by a district shall in
19		any way relieve the district from or affect any requirements
20		that otherwise would apply with respect to that funding
21		program, including any accounting of funds by source, reporting
22		expenditures by original source and purpose, reporting
23		requirements, or requirements of providing services.
24		(Source: P.A. 98-636, eff. 6-6-14; 98-1008, eff. 1-1-15;
25		revised 10-1-14.)

HB4137 Engrossed - 281 - LRB099 07987 AMC 28127 b
1		(105 ILCS 5/19-1)
2		Sec. 19-1. Debt limitations of school districts.
3		(a) School districts shall not be subject to the provisions
4		limiting their indebtedness prescribed in "An Act to limit the
5		indebtedness of counties having a population of less than
6		500,000 and townships, school districts and other municipal
7		corporations having a population of less than 300,000",
8		approved February 15, 1928, as amended.
9		No school districts maintaining grades K through 8 or 9
10		through 12 shall become indebted in any manner or for any
11		purpose to an amount, including existing indebtedness, in the
12		aggregate exceeding 6.9% on the value of the taxable property
13		therein to be ascertained by the last assessment for State and
14		county taxes or, until January 1, 1983, if greater, the sum
15		that is produced by multiplying the school district's 1978
16		equalized assessed valuation by the debt limitation percentage
17		in effect on January 1, 1979, previous to the incurring of such
18		indebtedness.
19		No school districts maintaining grades K through 12 shall
20		become indebted in any manner or for any purpose to an amount,
21		including existing indebtedness, in the aggregate exceeding
22		13.8% on the value of the taxable property therein to be
23		ascertained by the last assessment for State and county taxes
24		or, until January 1, 1983, if greater, the sum that is produced
25		by multiplying the school district's 1978 equalized assessed
26		valuation by the debt limitation percentage in effect on

HB4137 Engrossed - 282 - LRB099 07987 AMC 28127 b
1		January 1, 1979, previous to the incurring of such
2		indebtedness.
3		No partial elementary unit district, as defined in Article
4		11E of this Code, shall become indebted in any manner or for
5		any purpose in an amount, including existing indebtedness, in
6		the aggregate exceeding 6.9% of the value of the taxable
7		property of the entire district, to be ascertained by the last
8		assessment for State and county taxes, plus an amount,
9		including existing indebtedness, in the aggregate exceeding
10		6.9% of the value of the taxable property of that portion of
11		the district included in the elementary and high school
12		classification, to be ascertained by the last assessment for
13		State and county taxes. Moreover, no partial elementary unit
14		district, as defined in Article 11E of this Code, shall become
15		indebted on account of bonds issued by the district for high
16		school purposes in the aggregate exceeding 6.9% of the value of
17		the taxable property of the entire district, to be ascertained
18		by the last assessment for State and county taxes, nor shall
19		the district become indebted on account of bonds issued by the
20		district for elementary purposes in the aggregate exceeding
21		6.9% of the value of the taxable property for that portion of
22		the district included in the elementary and high school
23		classification, to be ascertained by the last assessment for
24		State and county taxes.
25		Notwithstanding the provisions of any other law to the
26		contrary, in any case in which the voters of a school district

HB4137 Engrossed - 283 - LRB099 07987 AMC 28127 b
1		have approved a proposition for the issuance of bonds of such
2		school district at an election held prior to January 1, 1979,
3		and all of the bonds approved at such election have not been
4		issued, the debt limitation applicable to such school district
5		during the calendar year 1979 shall be computed by multiplying
6		the value of taxable property therein, including personal
7		property, as ascertained by the last assessment for State and
8		county taxes, previous to the incurring of such indebtedness,
9		by the percentage limitation applicable to such school district
10		under the provisions of this subsection (a).
11		(b) Notwithstanding the debt limitation prescribed in
12		subsection (a) of this Section, additional indebtedness may be
13		incurred in an amount not to exceed the estimated cost of
14		acquiring or improving school sites or constructing and
15		equipping additional building facilities under the following
16		conditions:
17		(1) Whenever the enrollment of students for the next
18		school year is estimated by the board of education to
19		increase over the actual present enrollment by not less
20		than 35% or by not less than 200 students or the actual
21		present enrollment of students has increased over the
22		previous school year by not less than 35% or by not less
23		than 200 students and the board of education determines
24		that additional school sites or building facilities are
25		required as a result of such increase in enrollment; and
26		(2) When the Regional Superintendent of Schools having

HB4137 Engrossed - 284 - LRB099 07987 AMC 28127 b
1		jurisdiction over the school district and the State
2		Superintendent of Education concur in such enrollment
3		projection or increase and approve the need for such
4		additional school sites or building facilities and the
5		estimated cost thereof; and
6		(3) When the voters in the school district approve a
7		proposition for the issuance of bonds for the purpose of
8		acquiring or improving such needed school sites or
9		constructing and equipping such needed additional building
10		facilities at an election called and held for that purpose.
11		Notice of such an election shall state that the amount of
12		indebtedness proposed to be incurred would exceed the debt
13		limitation otherwise applicable to the school district.
14		The ballot for such proposition shall state what percentage
15		of the equalized assessed valuation will be outstanding in
16		bonds if the proposed issuance of bonds is approved by the
17		voters; or
18		(4) Notwithstanding the provisions of paragraphs (1)
19		through (3) of this subsection (b), if the school board
20		determines that additional facilities are needed to
21		provide a quality educational program and not less than 2/3
22		of those voting in an election called by the school board
23		on the question approve the issuance of bonds for the
24		construction of such facilities, the school district may
25		issue bonds for this purpose; or
26		(5) Notwithstanding the provisions of paragraphs (1)

HB4137 Engrossed - 285 - LRB099 07987 AMC 28127 b
1		through (3) of this subsection (b), if (i) the school
2		district has previously availed itself of the provisions of
3		paragraph (4) of this subsection (b) to enable it to issue
4		bonds, (ii) the voters of the school district have not
5		defeated a proposition for the issuance of bonds since the
6		referendum described in paragraph (4) of this subsection
7		(b) was held, (iii) the school board determines that
8		additional facilities are needed to provide a quality
9		educational program, and (iv) a majority of those voting in
10		an election called by the school board on the question
11		approve the issuance of bonds for the construction of such
12		facilities, the school district may issue bonds for this
13		purpose.
14		In no event shall the indebtedness incurred pursuant to
15		this subsection (b) and the existing indebtedness of the school
16		district exceed 15% of the value of the taxable property
17		therein to be ascertained by the last assessment for State and
18		county taxes, previous to the incurring of such indebtedness
19		or, until January 1, 1983, if greater, the sum that is produced
20		by multiplying the school district's 1978 equalized assessed
21		valuation by the debt limitation percentage in effect on
22		January 1, 1979.
23		The indebtedness provided for by this subsection (b) shall
24		be in addition to and in excess of any other debt limitation.
25		(c) Notwithstanding the debt limitation prescribed in
26		subsection (a) of this Section, in any case in which a public

HB4137 Engrossed - 286 - LRB099 07987 AMC 28127 b
1		question for the issuance of bonds of a proposed school
2		district maintaining grades kindergarten through 12 received
3		at least 60% of the valid ballots cast on the question at an
4		election held on or prior to November 8, 1994, and in which the
5		bonds approved at such election have not been issued, the
6		school district pursuant to the requirements of Section 11A-10
7		(now repealed) may issue the total amount of bonds approved at
8		such election for the purpose stated in the question.
9		(d) Notwithstanding the debt limitation prescribed in
10		subsection (a) of this Section, a school district that meets
11		all the criteria set forth in paragraphs (1) and (2) of this
12		subsection (d) may incur an additional indebtedness in an
13		amount not to exceed $4,500,000, even though the amount of the
14		additional indebtedness authorized by this subsection (d),
15		when incurred and added to the aggregate amount of indebtedness
16		of the district existing immediately prior to the district
17		incurring the additional indebtedness authorized by this
18		subsection (d), causes the aggregate indebtedness of the
19		district to exceed the debt limitation otherwise applicable to
20		that district under subsection (a):
21		(1) The additional indebtedness authorized by this
22		subsection (d) is incurred by the school district through
23		the issuance of bonds under and in accordance with Section
24		17-2.11a for the purpose of replacing a school building
25		which, because of mine subsidence damage, has been closed
26		as provided in paragraph (2) of this subsection (d) or

HB4137 Engrossed - 287 - LRB099 07987 AMC 28127 b
1		through the issuance of bonds under and in accordance with
2		Section 19-3 for the purpose of increasing the size of, or
3		providing for additional functions in, such replacement
4		school buildings, or both such purposes.
5		(2) The bonds issued by the school district as provided
6		in paragraph (1) above are issued for the purposes of
7		construction by the school district of a new school
8		building pursuant to Section 17-2.11, to replace an
9		existing school building that, because of mine subsidence
10		damage, is closed as of the end of the 1992-93 school year
11		pursuant to action of the regional superintendent of
12		schools of the educational service region in which the
13		district is located under Section 3-14.22 or are issued for
14		the purpose of increasing the size of, or providing for
15		additional functions in, the new school building being
16		constructed to replace a school building closed as the
17		result of mine subsidence damage, or both such purposes.
18		(e) (Blank).
19		(f) Notwithstanding the provisions of subsection (a) of
20		this Section or of any other law, bonds in not to exceed the
21		aggregate amount of $5,500,000 and issued by a school district
22		meeting the following criteria shall not be considered
23		indebtedness for purposes of any statutory limitation and may
24		be issued in an amount or amounts, including existing
25		indebtedness, in excess of any heretofore or hereafter imposed
26		statutory limitation as to indebtedness:

HB4137 Engrossed - 288 - LRB099 07987 AMC 28127 b
1		(1) At the time of the sale of such bonds, the board of
2		education of the district shall have determined by
3		resolution that the enrollment of students in the district
4		is projected to increase by not less than 7% during each of
5		the next succeeding 2 school years.
6		(2) The board of education shall also determine by
7		resolution that the improvements to be financed with the
8		proceeds of the bonds are needed because of the projected
9		enrollment increases.
10		(3) The board of education shall also determine by
11		resolution that the projected increases in enrollment are
12		the result of improvements made or expected to be made to
13		passenger rail facilities located in the school district.
14		Notwithstanding the provisions of subsection (a) of this
15		Section or of any other law, a school district that has availed
16		itself of the provisions of this subsection (f) prior to July
17		22, 2004 (the effective date of Public Act 93-799) may also
18		issue bonds approved by referendum up to an amount, including
19		existing indebtedness, not exceeding 25% of the equalized
20		assessed value of the taxable property in the district if all
21		of the conditions set forth in items (1), (2), and (3) of this
22		subsection (f) are met.
23		(g) Notwithstanding the provisions of subsection (a) of
24		this Section or any other law, bonds in not to exceed an
25		aggregate amount of 25% of the equalized assessed value of the
26		taxable property of a school district and issued by a school

HB4137 Engrossed - 289 - LRB099 07987 AMC 28127 b
1		district meeting the criteria in paragraphs (i) through (iv) of
2		this subsection shall not be considered indebtedness for
3		purposes of any statutory limitation and may be issued pursuant
4		to resolution of the school board in an amount or amounts,
5		including existing indebtedness, in excess of any statutory
6		limitation of indebtedness heretofore or hereafter imposed:
7		(i) The bonds are issued for the purpose of
8		constructing a new high school building to replace two
9		adjacent existing buildings which together house a single
10		high school, each of which is more than 65 years old, and
11		which together are located on more than 10 acres and less
12		than 11 acres of property.
13		(ii) At the time the resolution authorizing the
14		issuance of the bonds is adopted, the cost of constructing
15		a new school building to replace the existing school
16		building is less than 60% of the cost of repairing the
17		existing school building.
18		(iii) The sale of the bonds occurs before July 1, 1997.
19		(iv) The school district issuing the bonds is a unit
20		school district located in a county of less than 70,000 and
21		more than 50,000 inhabitants, which has an average daily
22		attendance of less than 1,500 and an equalized assessed
23		valuation of less than $29,000,000.
24		(h) Notwithstanding any other provisions of this Section or
25		the provisions of any other law, until January 1, 1998, a
26		community unit school district maintaining grades K through 12

HB4137 Engrossed - 290 - LRB099 07987 AMC 28127 b
1		may issue bonds up to an amount, including existing
2		indebtedness, not exceeding 27.6% of the equalized assessed
3		value of the taxable property in the district, if all of the
4		following conditions are met:
5		(i) The school district has an equalized assessed
6		valuation for calendar year 1995 of less than $24,000,000;
7		(ii) The bonds are issued for the capital improvement,
8		renovation, rehabilitation, or replacement of existing
9		school buildings of the district, all of which buildings
10		were originally constructed not less than 40 years ago;
11		(iii) The voters of the district approve a proposition
12		for the issuance of the bonds at a referendum held after
13		March 19, 1996; and
14		(iv) The bonds are issued pursuant to Sections 19-2
15		through 19-7 of this Code.
16		(i) Notwithstanding any other provisions of this Section or
17		the provisions of any other law, until January 1, 1998, a
18		community unit school district maintaining grades K through 12
19		may issue bonds up to an amount, including existing
20		indebtedness, not exceeding 27% of the equalized assessed value
21		of the taxable property in the district, if all of the
22		following conditions are met:
23		(i) The school district has an equalized assessed
24		valuation for calendar year 1995 of less than $44,600,000;
25		(ii) The bonds are issued for the capital improvement,
26		renovation, rehabilitation, or replacement of existing

HB4137 Engrossed - 291 - LRB099 07987 AMC 28127 b
1		school buildings of the district, all of which existing
2		buildings were originally constructed not less than 80
3		years ago;
4		(iii) The voters of the district approve a proposition
5		for the issuance of the bonds at a referendum held after
6		December 31, 1996; and
7		(iv) The bonds are issued pursuant to Sections 19-2
8		through 19-7 of this Code.
9		(j) Notwithstanding any other provisions of this Section or
10		the provisions of any other law, until January 1, 1999, a
11		community unit school district maintaining grades K through 12
12		may issue bonds up to an amount, including existing
13		indebtedness, not exceeding 27% of the equalized assessed value
14		of the taxable property in the district if all of the following
15		conditions are met:
16		(i) The school district has an equalized assessed
17		valuation for calendar year 1995 of less than $140,000,000
18		and a best 3 months average daily attendance for the
19		1995-96 school year of at least 2,800;
20		(ii) The bonds are issued to purchase a site and build
21		and equip a new high school, and the school district's
22		existing high school was originally constructed not less
23		than 35 years prior to the sale of the bonds;
24		(iii) At the time of the sale of the bonds, the board
25		of education determines by resolution that a new high
26		school is needed because of projected enrollment

HB4137 Engrossed - 292 - LRB099 07987 AMC 28127 b
1		increases;
2		(iv) At least 60% of those voting in an election held
3		after December 31, 1996 approve a proposition for the
4		issuance of the bonds; and
5		(v) The bonds are issued pursuant to Sections 19-2
6		through 19-7 of this Code.
7		(k) Notwithstanding the debt limitation prescribed in
8		subsection (a) of this Section, a school district that meets
9		all the criteria set forth in paragraphs (1) through (4) of
10		this subsection (k) may issue bonds to incur an additional
11		indebtedness in an amount not to exceed $4,000,000 even though
12		the amount of the additional indebtedness authorized by this
13		subsection (k), when incurred and added to the aggregate amount
14		of indebtedness of the school district existing immediately
15		prior to the school district incurring such additional
16		indebtedness, causes the aggregate indebtedness of the school
17		district to exceed or increases the amount by which the
18		aggregate indebtedness of the district already exceeds the debt
19		limitation otherwise applicable to that school district under
20		subsection (a):
21		(1) the school district is located in 2 counties, and a
22		referendum to authorize the additional indebtedness was
23		approved by a majority of the voters of the school district
24		voting on the proposition to authorize that indebtedness;
25		(2) the additional indebtedness is for the purpose of
26		financing a multi-purpose room addition to the existing

HB4137 Engrossed - 293 - LRB099 07987 AMC 28127 b
1		high school;
2		(3) the additional indebtedness, together with the
3		existing indebtedness of the school district, shall not
4		exceed 17.4% of the value of the taxable property in the
5		school district, to be ascertained by the last assessment
6		for State and county taxes; and
7		(4) the bonds evidencing the additional indebtedness
8		are issued, if at all, within 120 days of the effective
9		date of this amendatory Act of 1998.
10		(l) Notwithstanding any other provisions of this Section or
11		the provisions of any other law, until January 1, 2000, a
12		school district maintaining grades kindergarten through 8 may
13		issue bonds up to an amount, including existing indebtedness,
14		not exceeding 15% of the equalized assessed value of the
15		taxable property in the district if all of the following
16		conditions are met:
17		(i) the district has an equalized assessed valuation
18		for calendar year 1996 of less than $10,000,000;
19		(ii) the bonds are issued for capital improvement,
20		renovation, rehabilitation, or replacement of one or more
21		school buildings of the district, which buildings were
22		originally constructed not less than 70 years ago;
23		(iii) the voters of the district approve a proposition
24		for the issuance of the bonds at a referendum held on or
25		after March 17, 1998; and
26		(iv) the bonds are issued pursuant to Sections 19-2

HB4137 Engrossed - 294 - LRB099 07987 AMC 28127 b
1		through 19-7 of this Code.
2		(m) Notwithstanding any other provisions of this Section or
3		the provisions of any other law, until January 1, 1999, an
4		elementary school district maintaining grades K through 8 may
5		issue bonds up to an amount, excluding existing indebtedness,
6		not exceeding 18% of the equalized assessed value of the
7		taxable property in the district, if all of the following
8		conditions are met:
9		(i) The school district has an equalized assessed
10		valuation for calendar year 1995 or less than $7,700,000;
11		(ii) The school district operates 2 elementary
12		attendance centers that until 1976 were operated as the
13		attendance centers of 2 separate and distinct school
14		districts;
15		(iii) The bonds are issued for the construction of a
16		new elementary school building to replace an existing
17		multi-level elementary school building of the school
18		district that is not handicapped accessible at all levels
19		and parts of which were constructed more than 75 years ago;
20		(iv) The voters of the school district approve a
21		proposition for the issuance of the bonds at a referendum
22		held after July 1, 1998; and
23		(v) The bonds are issued pursuant to Sections 19-2
24		through 19-7 of this Code.
25		(n) Notwithstanding the debt limitation prescribed in
26		subsection (a) of this Section or any other provisions of this

HB4137 Engrossed - 295 - LRB099 07987 AMC 28127 b
1		Section or of any other law, a school district that meets all
2		of the criteria set forth in paragraphs (i) through (vi) of
3		this subsection (n) may incur additional indebtedness by the
4		issuance of bonds in an amount not exceeding the amount
5		certified by the Capital Development Board to the school
6		district as provided in paragraph (iii) of this subsection (n),
7		even though the amount of the additional indebtedness so
8		authorized, when incurred and added to the aggregate amount of
9		indebtedness of the district existing immediately prior to the
10		district incurring the additional indebtedness authorized by
11		this subsection (n), causes the aggregate indebtedness of the
12		district to exceed the debt limitation otherwise applicable by
13		law to that district:
14		(i) The school district applies to the State Board of
15		Education for a school construction project grant and
16		submits a district facilities plan in support of its
17		application pursuant to Section 5-20 of the School
18		Construction Law.
19		(ii) The school district's application and facilities
20		plan are approved by, and the district receives a grant
21		entitlement for a school construction project issued by,
22		the State Board of Education under the School Construction
23		Law.
24		(iii) The school district has exhausted its bonding
25		capacity or the unused bonding capacity of the district is
26		less than the amount certified by the Capital Development

HB4137 Engrossed - 296 - LRB099 07987 AMC 28127 b
1		Board to the district under Section 5-15 of the School
2		Construction Law as the dollar amount of the school
3		construction project's cost that the district will be
4		required to finance with non-grant funds in order to
5		receive a school construction project grant under the
6		School Construction Law.
7		(iv) The bonds are issued for a "school construction
8		project", as that term is defined in Section 5-5 of the
9		School Construction Law, in an amount that does not exceed
10		the dollar amount certified, as provided in paragraph (iii)
11		of this subsection (n), by the Capital Development Board to
12		the school district under Section 5-15 of the School
13		Construction Law.
14		(v) The voters of the district approve a proposition
15		for the issuance of the bonds at a referendum held after
16		the criteria specified in paragraphs (i) and (iii) of this
17		subsection (n) are met.
18		(vi) The bonds are issued pursuant to Sections 19-2
19		through 19-7 of the School Code.
20		(o) Notwithstanding any other provisions of this Section or
21		the provisions of any other law, until November 1, 2007, a
22		community unit school district maintaining grades K through 12
23		may issue bonds up to an amount, including existing
24		indebtedness, not exceeding 20% of the equalized assessed value
25		of the taxable property in the district if all of the following
26		conditions are met:

HB4137 Engrossed - 297 - LRB099 07987 AMC 28127 b
1		(i) the school district has an equalized assessed
2		valuation for calendar year 2001 of at least $737,000,000
3		and an enrollment for the 2002-2003 school year of at least
4		8,500;
5		(ii) the bonds are issued to purchase school sites,
6		build and equip a new high school, build and equip a new
7		junior high school, build and equip 5 new elementary
8		schools, and make technology and other improvements and
9		additions to existing schools;
10		(iii) at the time of the sale of the bonds, the board
11		of education determines by resolution that the sites and
12		new or improved facilities are needed because of projected
13		enrollment increases;
14		(iv) at least 57% of those voting in a general election
15		held prior to January 1, 2003 approved a proposition for
16		the issuance of the bonds; and
17		(v) the bonds are issued pursuant to Sections 19-2
18		through 19-7 of this Code.
19		(p) Notwithstanding any other provisions of this Section or
20		the provisions of any other law, a community unit school
21		district maintaining grades K through 12 may issue bonds up to
22		an amount, including indebtedness, not exceeding 27% of the
23		equalized assessed value of the taxable property in the
24		district if all of the following conditions are met:
25		(i) The school district has an equalized assessed
26		valuation for calendar year 2001 of at least $295,741,187

HB4137 Engrossed - 298 - LRB099 07987 AMC 28127 b
1		and a best 3 months' average daily attendance for the
2		2002-2003 school year of at least 2,394.
3		(ii) The bonds are issued to build and equip 3
4		elementary school buildings; build and equip one middle
5		school building; and alter, repair, improve, and equip all
6		existing school buildings in the district.
7		(iii) At the time of the sale of the bonds, the board
8		of education determines by resolution that the project is
9		needed because of expanding growth in the school district
10		and a projected enrollment increase.
11		(iv) The bonds are issued pursuant to Sections 19-2
12		through 19-7 of this Code.
13		(p-5) Notwithstanding any other provisions of this Section
14		or the provisions of any other law, bonds issued by a community
15		unit school district maintaining grades K through 12 shall not
16		be considered indebtedness for purposes of any statutory
17		limitation and may be issued in an amount or amounts, including
18		existing indebtedness, in excess of any heretofore or hereafter
19		imposed statutory limitation as to indebtedness, if all of the
20		following conditions are met:
21		(i) For each of the 4 most recent years, residential
22		property comprises more than 80% of the equalized assessed
23		valuation of the district.
24		(ii) At least 2 school buildings that were constructed
25		40 or more years prior to the issuance of the bonds will be
26		demolished and will be replaced by new buildings or

HB4137 Engrossed - 299 - LRB099 07987 AMC 28127 b
1		additions to one or more existing buildings.
2		(iii) Voters of the district approve a proposition for
3		the issuance of the bonds at a regularly scheduled
4		election.
5		(iv) At the time of the sale of the bonds, the school
6		board determines by resolution that the new buildings or
7		building additions are needed because of an increase in
8		enrollment projected by the school board.
9		(v) The principal amount of the bonds, including
10		existing indebtedness, does not exceed 25% of the equalized
11		assessed value of the taxable property in the district.
12		(vi) The bonds are issued prior to January 1, 2007,
13		pursuant to Sections 19-2 through 19-7 of this Code.
14		(p-10) Notwithstanding any other provisions of this
15		Section or the provisions of any other law, bonds issued by a
16		community consolidated school district maintaining grades K
17		through 8 shall not be considered indebtedness for purposes of
18		any statutory limitation and may be issued in an amount or
19		amounts, including existing indebtedness, in excess of any
20		heretofore or hereafter imposed statutory limitation as to
21		indebtedness, if all of the following conditions are met:
22		(i) For each of the 4 most recent years, residential
23		and farm property comprises more than 80% of the equalized
24		assessed valuation of the district.
25		(ii) The bond proceeds are to be used to acquire and
26		improve school sites and build and equip a school building.

HB4137 Engrossed - 300 - LRB099 07987 AMC 28127 b
1		(iii) Voters of the district approve a proposition for
2		the issuance of the bonds at a regularly scheduled
3		election.
4		(iv) At the time of the sale of the bonds, the school
5		board determines by resolution that the school sites and
6		building additions are needed because of an increase in
7		enrollment projected by the school board.
8		(v) The principal amount of the bonds, including
9		existing indebtedness, does not exceed 20% of the equalized
10		assessed value of the taxable property in the district.
11		(vi) The bonds are issued prior to January 1, 2007,
12		pursuant to Sections 19-2 through 19-7 of this Code.
13		(p-15) In addition to all other authority to issue bonds,
14		the Oswego Community Unit School District Number 308 may issue
15		bonds with an aggregate principal amount not to exceed
16		$450,000,000, but only if all of the following conditions are
17		met:
18		(i) The voters of the district have approved a
19		proposition for the bond issue at the general election held
20		on November 7, 2006.
21		(ii) At the time of the sale of the bonds, the school
22		board determines, by resolution, that: (A) the building and
23		equipping of the new high school building, new junior high
24		school buildings, new elementary school buildings, early
25		childhood building, maintenance building, transportation
26		facility, and additions to existing school buildings, the

HB4137 Engrossed - 301 - LRB099 07987 AMC 28127 b
1		altering, repairing, equipping, and provision of
2		technology improvements to existing school buildings, and
3		the acquisition and improvement of school sites, as the
4		case may be, are required as a result of a projected
5		increase in the enrollment of students in the district; and
6		(B) the sale of bonds for these purposes is authorized by
7		legislation that exempts the debt incurred on the bonds
8		from the district's statutory debt limitation.
9		(iii) The bonds are issued, in one or more bond issues,
10		on or before November 7, 2011, but the aggregate principal
11		amount issued in all such bond issues combined must not
12		exceed $450,000,000.
13		(iv) The bonds are issued in accordance with this
14		Article 19.
15		(v) The proceeds of the bonds are used only to
16		accomplish those projects approved by the voters at the
17		general election held on November 7, 2006.
18		The debt incurred on any bonds issued under this subsection
19		(p-15) shall not be considered indebtedness for purposes of any
20		statutory debt limitation.
21		(p-20) In addition to all other authority to issue bonds,
22		the Lincoln-Way Community High School District Number 210 may
23		issue bonds with an aggregate principal amount not to exceed
24		$225,000,000, but only if all of the following conditions are
25		met:
26		(i) The voters of the district have approved a

HB4137 Engrossed - 302 - LRB099 07987 AMC 28127 b
1		proposition for the bond issue at the general primary
2		election held on March 21, 2006.
3		(ii) At the time of the sale of the bonds, the school
4		board determines, by resolution, that: (A) the building and
5		equipping of the new high school buildings, the altering,
6		repairing, and equipping of existing school buildings, and
7		the improvement of school sites, as the case may be, are
8		required as a result of a projected increase in the
9		enrollment of students in the district; and (B) the sale of
10		bonds for these purposes is authorized by legislation that
11		exempts the debt incurred on the bonds from the district's
12		statutory debt limitation.
13		(iii) The bonds are issued, in one or more bond issues,
14		on or before March 21, 2011, but the aggregate principal
15		amount issued in all such bond issues combined must not
16		exceed $225,000,000.
17		(iv) The bonds are issued in accordance with this
18		Article 19.
19		(v) The proceeds of the bonds are used only to
20		accomplish those projects approved by the voters at the
21		primary election held on March 21, 2006.
22		The debt incurred on any bonds issued under this subsection
23		(p-20) shall not be considered indebtedness for purposes of any
24		statutory debt limitation.
25		(p-25) In addition to all other authority to issue bonds,
26		Rochester Community Unit School District 3A may issue bonds

HB4137 Engrossed - 303 - LRB099 07987 AMC 28127 b
1		with an aggregate principal amount not to exceed $18,500,000,
2		but only if all of the following conditions are met:
3		(i) The voters of the district approve a proposition
4		for the bond issuance at the general primary election held
5		in 2008.
6		(ii) At the time of the sale of the bonds, the school
7		board determines, by resolution, that: (A) the building and
8		equipping of a new high school building; the addition of
9		classrooms and support facilities at the high school,
10		middle school, and elementary school; the altering,
11		repairing, and equipping of existing school buildings; and
12		the improvement of school sites, as the case may be, are
13		required as a result of a projected increase in the
14		enrollment of students in the district; and (B) the sale of
15		bonds for these purposes is authorized by a law that
16		exempts the debt incurred on the bonds from the district's
17		statutory debt limitation.
18		(iii) The bonds are issued, in one or more bond issues,
19		on or before December 31, 2012, but the aggregate principal
20		amount issued in all such bond issues combined must not
21		exceed $18,500,000.
22		(iv) The bonds are issued in accordance with this
23		Article 19.
24		(v) The proceeds of the bonds are used to accomplish
25		only those projects approved by the voters at the primary
26		election held in 2008.

HB4137 Engrossed - 304 - LRB099 07987 AMC 28127 b
1		The debt incurred on any bonds issued under this subsection
2		(p-25) shall not be considered indebtedness for purposes of any
3		statutory debt limitation.
4		(p-30) In addition to all other authority to issue bonds,
5		Prairie Grove Consolidated School District 46 may issue bonds
6		with an aggregate principal amount not to exceed $30,000,000,
7		but only if all of the following conditions are met:
8		(i) The voters of the district approve a proposition
9		for the bond issuance at an election held in 2008.
10		(ii) At the time of the sale of the bonds, the school
11		board determines, by resolution, that (A) the building and
12		equipping of a new school building and additions to
13		existing school buildings are required as a result of a
14		projected increase in the enrollment of students in the
15		district and (B) the altering, repairing, and equipping of
16		existing school buildings are required because of the age
17		of the existing school buildings.
18		(iii) The bonds are issued, in one or more bond
19		issuances, on or before December 31, 2012; however, the
20		aggregate principal amount issued in all such bond
21		issuances combined must not exceed $30,000,000.
22		(iv) The bonds are issued in accordance with this
23		Article.
24		(v) The proceeds of the bonds are used to accomplish
25		only those projects approved by the voters at an election
26		held in 2008.

HB4137 Engrossed - 305 - LRB099 07987 AMC 28127 b
1		The debt incurred on any bonds issued under this subsection
2		(p-30) shall not be considered indebtedness for purposes of any
3		statutory debt limitation.
4		(p-35) In addition to all other authority to issue bonds,
5		Prairie Hill Community Consolidated School District 133 may
6		issue bonds with an aggregate principal amount not to exceed
7		$13,900,000, but only if all of the following conditions are
8		met:
9		(i) The voters of the district approved a proposition
10		for the bond issuance at an election held on April 17,
11		2007.
12		(ii) At the time of the sale of the bonds, the school
13		board determines, by resolution, that (A) the improvement
14		of the site of and the building and equipping of a school
15		building are required as a result of a projected increase
16		in the enrollment of students in the district and (B) the
17		repairing and equipping of the Prairie Hill Elementary
18		School building is required because of the age of that
19		school building.
20		(iii) The bonds are issued, in one or more bond
21		issuances, on or before December 31, 2011, but the
22		aggregate principal amount issued in all such bond
23		issuances combined must not exceed $13,900,000.
24		(iv) The bonds are issued in accordance with this
25		Article.
26		(v) The proceeds of the bonds are used to accomplish

HB4137 Engrossed - 306 - LRB099 07987 AMC 28127 b
1		only those projects approved by the voters at an election
2		held on April 17, 2007.
3		The debt incurred on any bonds issued under this subsection
4		(p-35) shall not be considered indebtedness for purposes of any
5		statutory debt limitation.
6		(p-40) In addition to all other authority to issue bonds,
7		Mascoutah Community Unit District 19 may issue bonds with an
8		aggregate principal amount not to exceed $55,000,000, but only
9		if all of the following conditions are met:
10		(1) The voters of the district approve a proposition
11		for the bond issuance at a regular election held on or
12		after November 4, 2008.
13		(2) At the time of the sale of the bonds, the school
14		board determines, by resolution, that (i) the building and
15		equipping of a new high school building is required as a
16		result of a projected increase in the enrollment of
17		students in the district and the age and condition of the
18		existing high school building, (ii) the existing high
19		school building will be demolished, and (iii) the sale of
20		bonds is authorized by statute that exempts the debt
21		incurred on the bonds from the district's statutory debt
22		limitation.
23		(3) The bonds are issued, in one or more bond
24		issuances, on or before December 31, 2011, but the
25		aggregate principal amount issued in all such bond
26		issuances combined must not exceed $55,000,000.

HB4137 Engrossed - 307 - LRB099 07987 AMC 28127 b
1		(4) The bonds are issued in accordance with this
2		Article.
3		(5) The proceeds of the bonds are used to accomplish
4		only those projects approved by the voters at a regular
5		election held on or after November 4, 2008.
6		The debt incurred on any bonds issued under this subsection
7		(p-40) shall not be considered indebtedness for purposes of any
8		statutory debt limitation.
9		(p-45) Notwithstanding the provisions of subsection (a) of
10		this Section or of any other law, bonds issued pursuant to
11		Section 19-3.5 of this Code shall not be considered
12		indebtedness for purposes of any statutory limitation if the
13		bonds are issued in an amount or amounts, including existing
14		indebtedness of the school district, not in excess of 18.5% of
15		the value of the taxable property in the district to be
16		ascertained by the last assessment for State and county taxes.
17		(p-50) Notwithstanding the provisions of subsection (a) of
18		this Section or of any other law, bonds issued pursuant to
19		Section 19-3.10 of this Code shall not be considered
20		indebtedness for purposes of any statutory limitation if the
21		bonds are issued in an amount or amounts, including existing
22		indebtedness of the school district, not in excess of 43% of
23		the value of the taxable property in the district to be
24		ascertained by the last assessment for State and county taxes.
25		(p-55) In addition to all other authority to issue bonds,
26		Belle Valley School District 119 may issue bonds with an

HB4137 Engrossed - 308 - LRB099 07987 AMC 28127 b
1		aggregate principal amount not to exceed $47,500,000, but only
2		if all of the following conditions are met:
3		(1) The voters of the district approve a proposition
4		for the bond issuance at an election held on or after April
5		7, 2009.
6		(2) Prior to the issuance of the bonds, the school
7		board determines, by resolution, that (i) the building and
8		equipping of a new school building is required as a result
9		of mine subsidence in an existing school building and
10		because of the age and condition of another existing school
11		building and (ii) the issuance of bonds is authorized by
12		statute that exempts the debt incurred on the bonds from
13		the district's statutory debt limitation.
14		(3) The bonds are issued, in one or more bond
15		issuances, on or before March 31, 2014, but the aggregate
16		principal amount issued in all such bond issuances combined
17		must not exceed $47,500,000.
18		(4) The bonds are issued in accordance with this
19		Article.
20		(5) The proceeds of the bonds are used to accomplish
21		only those projects approved by the voters at an election
22		held on or after April 7, 2009.
23		The debt incurred on any bonds issued under this subsection
24		(p-55) shall not be considered indebtedness for purposes of any
25		statutory debt limitation. Bonds issued under this subsection
26		(p-55) must mature within not to exceed 30 years from their

HB4137 Engrossed - 309 - LRB099 07987 AMC 28127 b
1		date, notwithstanding any other law to the contrary.
2		(p-60) In addition to all other authority to issue bonds,
3		Wilmington Community Unit School District Number 209-U may
4		issue bonds with an aggregate principal amount not to exceed
5		$2,285,000, but only if all of the following conditions are
6		met:
7		(1) The proceeds of the bonds are used to accomplish
8		only those projects approved by the voters at the general
9		primary election held on March 21, 2006.
10		(2) Prior to the issuance of the bonds, the school
11		board determines, by resolution, that (i) the projects
12		approved by the voters were and are required because of the
13		age and condition of the school district's prior and
14		existing school buildings and (ii) the issuance of the
15		bonds is authorized by legislation that exempts the debt
16		incurred on the bonds from the district's statutory debt
17		limitation.
18		(3) The bonds are issued in one or more bond issuances
19		on or before March 1, 2011, but the aggregate principal
20		amount issued in all those bond issuances combined must not
21		exceed $2,285,000.
22		(4) The bonds are issued in accordance with this
23		Article.
24		The debt incurred on any bonds issued under this subsection
25		(p-60) shall not be considered indebtedness for purposes of any
26		statutory debt limitation.

HB4137 Engrossed - 310 - LRB099 07987 AMC 28127 b
1		(p-65) In addition to all other authority to issue bonds,
2		West Washington County Community Unit School District 10 may
3		issue bonds with an aggregate principal amount not to exceed
4		$32,200,000 and maturing over a period not exceeding 25 years,
5		but only if all of the following conditions are met:
6		(1) The voters of the district approve a proposition
7		for the bond issuance at an election held on or after
8		February 2, 2010.
9		(2) Prior to the issuance of the bonds, the school
10		board determines, by resolution, that (A) all or a portion
11		of the existing Okawville Junior/Senior High School
12		Building will be demolished; (B) the building and equipping
13		of a new school building to be attached to and the
14		alteration, repair, and equipping of the remaining portion
15		of the Okawville Junior/Senior High School Building is
16		required because of the age and current condition of that
17		school building; and (C) the issuance of bonds is
18		authorized by a statute that exempts the debt incurred on
19		the bonds from the district's statutory debt limitation.
20		(3) The bonds are issued, in one or more bond
21		issuances, on or before March 31, 2014, but the aggregate
22		principal amount issued in all such bond issuances combined
23		must not exceed $32,200,000.
24		(4) The bonds are issued in accordance with this
25		Article.
26		(5) The proceeds of the bonds are used to accomplish

HB4137 Engrossed - 311 - LRB099 07987 AMC 28127 b
1		only those projects approved by the voters at an election
2		held on or after February 2, 2010.
3		The debt incurred on any bonds issued under this subsection
4		(p-65) shall not be considered indebtedness for purposes of any
5		statutory debt limitation.
6		(p-70) In addition to all other authority to issue bonds,
7		Cahokia Community Unit School District 187 may issue bonds with
8		an aggregate principal amount not to exceed $50,000,000, but
9		only if all the following conditions are met:
10		(1) The voters of the district approve a proposition
11		for the bond issuance at an election held on or after
12		November 2, 2010.
13		(2) Prior to the issuance of the bonds, the school
14		board determines, by resolution, that (i) the building and
15		equipping of a new school building is required as a result
16		of the age and condition of an existing school building and
17		(ii) the issuance of bonds is authorized by a statute that
18		exempts the debt incurred on the bonds from the district's
19		statutory debt limitation.
20		(3) The bonds are issued, in one or more issuances, on
21		or before July 1, 2016, but the aggregate principal amount
22		issued in all such bond issuances combined must not exceed
23		$50,000,000.
24		(4) The bonds are issued in accordance with this
25		Article.
26		(5) The proceeds of the bonds are used to accomplish

HB4137 Engrossed - 312 - LRB099 07987 AMC 28127 b
1		only those projects approved by the voters at an election
2		held on or after November 2, 2010.
3		The debt incurred on any bonds issued under this subsection
4		(p-70) shall not be considered indebtedness for purposes of any
5		statutory debt limitation. Bonds issued under this subsection
6		(p-70) must mature within not to exceed 25 years from their
7		date, notwithstanding any other law, including Section 19-3 of
8		this Code, to the contrary.
9		(p-75) Notwithstanding the debt limitation prescribed in
10		subsection (a) of this Section or any other provisions of this
11		Section or of any other law, the execution of leases on or
12		after January 1, 2007 and before July 1, 2011 by the Board of
13		Education of Peoria School District 150 with a public building
14		commission for leases entered into pursuant to the Public
15		Building Commission Act shall not be considered indebtedness
16		for purposes of any statutory debt limitation.
17		This subsection (p-75) applies only if the State Board of
18		Education or the Capital Development Board makes one or more
19		grants to Peoria School District 150 pursuant to the School
20		Construction Law. The amount exempted from the debt limitation
21		as prescribed in this subsection (p-75) shall be no greater
22		than the amount of one or more grants awarded to Peoria School
23		District 150 by the State Board of Education or the Capital
24		Development Board.
25		(p-80) In addition to all other authority to issue bonds,
26		Ridgeland School District 122 may issue bonds with an aggregate

HB4137 Engrossed - 313 - LRB099 07987 AMC 28127 b
1		principal amount not to exceed $50,000,000 for the purpose of
2		refunding or continuing to refund bonds originally issued
3		pursuant to voter approval at the general election held on
4		November 7, 2000, and the debt incurred on any bonds issued
5		under this subsection (p-80) shall not be considered
6		indebtedness for purposes of any statutory debt limitation.
7		Bonds issued under this subsection (p-80) may be issued in one
8		or more issuances and must mature within not to exceed 25 years
9		from their date, notwithstanding any other law, including
10		Section 19-3 of this Code, to the contrary.
11		(p-85) In addition to all other authority to issue bonds,
12		Hall High School District 502 may issue bonds with an aggregate
13		principal amount not to exceed $32,000,000, but only if all the
14		following conditions are met:
15		(1) The voters of the district approve a proposition
16		for the bond issuance at an election held on or after April
17		9, 2013.
18		(2) Prior to the issuance of the bonds, the school
19		board determines, by resolution, that (i) the building and
20		equipping of a new school building is required as a result
21		of the age and condition of an existing school building,
22		(ii) the existing school building should be demolished in
23		its entirety or the existing school building should be
24		demolished except for the 1914 west wing of the building,
25		and (iii) the issuance of bonds is authorized by a statute
26		that exempts the debt incurred on the bonds from the

HB4137 Engrossed - 314 - LRB099 07987 AMC 28127 b
1		district's statutory debt limitation.
2		(3) The bonds are issued, in one or more issuances, not
3		later than 5 years after the date of the referendum
4		approving the issuance of the bonds, but the aggregate
5		principal amount issued in all such bond issuances combined
6		must not exceed $32,000,000.
7		(4) The bonds are issued in accordance with this
8		Article.
9		(5) The proceeds of the bonds are used to accomplish
10		only those projects approved by the voters at an election
11		held on or after April 9, 2013.
12		The debt incurred on any bonds issued under this subsection
13		(p-85) shall not be considered indebtedness for purposes of any
14		statutory debt limitation. Bonds issued under this subsection
15		(p-85) must mature within not to exceed 30 years from their
16		date, notwithstanding any other law, including Section 19-3 of
17		this Code, to the contrary.
18		(p-90) In addition to all other authority to issue bonds,
19		Lebanon Community Unit School District 9 may issue bonds with
20		an aggregate principal amount not to exceed $7,500,000, but
21		only if all of the following conditions are met:
22		(1) The voters of the district approved a proposition
23		for the bond issuance at the general primary election on
24		February 2, 2010.
25		(2) At or prior to the time of the sale of the bonds,
26		the school board determines, by resolution, that (i) the

HB4137 Engrossed - 315 - LRB099 07987 AMC 28127 b
1		building and equipping of a new elementary school building
2		is required as a result of a projected increase in the
3		enrollment of students in the district and the age and
4		condition of the existing Lebanon Elementary School
5		building, (ii) a portion of the existing Lebanon Elementary
6		School building will be demolished and the remaining
7		portion will be altered, repaired, and equipped, and (iii)
8		the sale of bonds is authorized by a statute that exempts
9		the debt incurred on the bonds from the district's
10		statutory debt limitation.
11		(3) The bonds are issued, in one or more bond
12		issuances, on or before April 1, 2014, but the aggregate
13		principal amount issued in all such bond issuances combined
14		must not exceed $7,500,000.
15		(4) The bonds are issued in accordance with this
16		Article.
17		(5) The proceeds of the bonds are used to accomplish
18		only those projects approved by the voters at the general
19		primary election held on February 2, 2010.
20		The debt incurred on any bonds issued under this subsection
21		(p-90) shall not be considered indebtedness for purposes of any
22		statutory debt limitation.
23		(p-95) In addition to all other authority to issue bonds,
24		Monticello Community Unit School District 25 may issue bonds
25		with an aggregate principal amount not to exceed $35,000,000,
26		but only if all of the following conditions are met:

HB4137 Engrossed - 316 - LRB099 07987 AMC 28127 b
1		(1) The voters of the district approve a proposition
2		for the bond issuance at an election held on or after
3		November 4, 2014.
4		(2) Prior to the issuance of the bonds, the school
5		board determines, by resolution, that (i) the building and
6		equipping of a new school building is required as a result
7		of the age and condition of an existing school building and
8		(ii) the issuance of bonds is authorized by a statute that
9		exempts the debt incurred on the bonds from the district's
10		statutory debt limitation.
11		(3) The bonds are issued, in one or more issuances, on
12		or before July 1, 2020, but the aggregate principal amount
13		issued in all such bond issuances combined must not exceed
14		$35,000,000.
15		(4) The bonds are issued in accordance with this
16		Article.
17		(5) The proceeds of the bonds are used to accomplish
18		only those projects approved by the voters at an election
19		held on or after November 4, 2014.
20		The debt incurred on any bonds issued under this subsection
21		(p-95) shall not be considered indebtedness for purposes of any
22		statutory debt limitation. Bonds issued under this subsection
23		(p-95) must mature within not to exceed 25 years from their
24		date, notwithstanding any other law, including Section 19-3 of
25		this Code, to the contrary.
26		(p-100) (p-95) In addition to all other authority to issue

HB4137 Engrossed - 317 - LRB099 07987 AMC 28127 b
1		bonds, the community unit school district created in the
2		territory comprising Milford Community Consolidated School
3		District 280 and Milford Township High School District 233, as
4		approved at the general primary election held on March 18,
5		2014, may issue bonds with an aggregate principal amount not to
6		exceed $17,500,000, but only if all the following conditions
7		are met:
8		(1) The voters of the district approve a proposition
9		for the bond issuance at an election held on or after
10		November 4, 2014.
11		(2) Prior to the issuance of the bonds, the school
12		board determines, by resolution, that (i) the building and
13		equipping of a new school building is required as a result
14		of the age and condition of an existing school building and
15		(ii) the issuance of bonds is authorized by a statute that
16		exempts the debt incurred on the bonds from the district's
17		statutory debt limitation.
18		(3) The bonds are issued, in one or more issuances, on
19		or before July 1, 2020, but the aggregate principal amount
20		issued in all such bond issuances combined must not exceed
21		$17,500,000.
22		(4) The bonds are issued in accordance with this
23		Article.
24		(5) The proceeds of the bonds are used to accomplish
25		only those projects approved by the voters at an election
26		held on or after November 4, 2014.

HB4137 Engrossed - 318 - LRB099 07987 AMC 28127 b
1		The debt incurred on any bonds issued under this subsection
2		(p-100) (p-95) shall not be considered indebtedness for
3		purposes of any statutory debt limitation. Bonds issued under
4		this subsection (p-100) (p-95) must mature within not to exceed
5		25 years from their date, notwithstanding any other law,
6		including Section 19-3 of this Code, to the contrary.
7		(q) A school district must notify the State Board of
8		Education prior to issuing any form of long-term or short-term
9		debt that will result in outstanding debt that exceeds 75% of
10		the debt limit specified in this Section or any other provision
11		of law.
12		(Source: P.A. 97-333, eff. 8-12-11; 97-834, eff. 7-20-12;
13		97-1146, eff. 1-18-13; 98-617, eff. 1-7-14; 98-912, eff.
14		8-15-14; 98-916, eff. 8-15-14; revised 10-1-14.)
15		(105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
16		Sec. 24-12. Removal or dismissal of teachers in contractual
17		continued service.
18		(a) This subsection (a) applies only to honorable
19		dismissals and recalls in which the notice of dismissal is
20		provided on or before the end of the 2010-2011 school term. If
21		a teacher in contractual continued service is removed or
22		dismissed as a result of a decision of the board to decrease
23		the number of teachers employed by the board or to discontinue
24		some particular type of teaching service, written notice shall
25		be mailed to the teacher and also given the teacher either by

HB4137 Engrossed - 319 - LRB099 07987 AMC 28127 b
1		certified mail, return receipt requested or personal delivery
2		with receipt at least 60 days before the end of the school
3		term, together with a statement of honorable dismissal and the
4		reason therefor, and in all such cases the board shall first
5		remove or dismiss all teachers who have not entered upon
6		contractual continued service before removing or dismissing
7		any teacher who has entered upon contractual continued service
8		and who is legally qualified to hold a position currently held
9		by a teacher who has not entered upon contractual continued
10		service.
11		As between teachers who have entered upon contractual
12		continued service, the teacher or teachers with the shorter
13		length of continuing service with the district shall be
14		dismissed first unless an alternative method of determining the
15		sequence of dismissal is established in a collective bargaining
16		agreement or contract between the board and a professional
17		faculty members' organization and except that this provision
18		shall not impair the operation of any affirmative action
19		program in the district, regardless of whether it exists by
20		operation of law or is conducted on a voluntary basis by the
21		board. Any teacher dismissed as a result of such decrease or
22		discontinuance shall be paid all earned compensation on or
23		before the third business day following the last day of pupil
24		attendance in the regular school term.
25		If the board has any vacancies for the following school
26		term or within one calendar year from the beginning of the

HB4137 Engrossed - 320 - LRB099 07987 AMC 28127 b
1		following school term, the positions thereby becoming
2		available shall be tendered to the teachers so removed or
3		dismissed so far as they are legally qualified to hold such
4		positions; provided, however, that if the number of honorable
5		dismissal notices based on economic necessity exceeds 15% of
6		the number of full time equivalent positions filled by
7		certified employees (excluding principals and administrative
8		personnel) during the preceding school year, then if the board
9		has any vacancies for the following school term or within 2
10		calendar years from the beginning of the following school term,
11		the positions so becoming available shall be tendered to the
12		teachers who were so notified and removed or dismissed whenever
13		they are legally qualified to hold such positions. Each board
14		shall, in consultation with any exclusive employee
15		representatives, each year establish a list, categorized by
16		positions, showing the length of continuing service of each
17		teacher who is qualified to hold any such positions, unless an
18		alternative method of determining a sequence of dismissal is
19		established as provided for in this Section, in which case a
20		list shall be made in accordance with the alternative method.
21		Copies of the list shall be distributed to the exclusive
22		employee representative on or before February 1 of each year.
23		Whenever the number of honorable dismissal notices based upon
24		economic necessity exceeds 5, or 150% of the average number of
25		teachers honorably dismissed in the preceding 3 years,
26		whichever is more, then the board also shall hold a public

HB4137 Engrossed - 321 - LRB099 07987 AMC 28127 b
1		hearing on the question of the dismissals. Following the
2		hearing and board review the action to approve any such
3		reduction shall require a majority vote of the board members.
4		(b) This subsection (b) applies only to honorable
5		dismissals and recalls in which the notice of dismissal is
6		provided during the 2011-2012 school term or a subsequent
7		school term. If any teacher, whether or not in contractual
8		continued service, is removed or dismissed as a result of a
9		decision of a school board to decrease the number of teachers
10		employed by the board, a decision of a school board to
11		discontinue some particular type of teaching service, or a
12		reduction in the number of programs or positions in a special
13		education joint agreement, then written notice must be mailed
14		to the teacher and also given to the teacher either by
15		certified mail, return receipt requested, or personal delivery
16		with receipt at least 45 days before the end of the school
17		term, together with a statement of honorable dismissal and the
18		reason therefor, and in all such cases the sequence of
19		dismissal shall occur in accordance with this subsection (b);
20		except that this subsection (b) shall not impair the operation
21		of any affirmative action program in the school district,
22		regardless of whether it exists by operation of law or is
23		conducted on a voluntary basis by the board.
24		Each teacher must be categorized into one or more positions
25		for which the teacher is qualified to hold, based upon legal
26		qualifications and any other qualifications established in a

HB4137 Engrossed - 322 - LRB099 07987 AMC 28127 b
1		district or joint agreement job description, on or before the
2		May 10 prior to the school year during which the sequence of
3		dismissal is determined. Within each position and subject to
4		agreements made by the joint committee on honorable dismissals
5		that are authorized by subsection (c) of this Section, the
6		school district or joint agreement must establish 4 groupings
7		of teachers qualified to hold the position as follows:
8		(1) Grouping one shall consist of each teacher who is
9		not in contractual continued service and who (i) has not
10		received a performance evaluation rating, (ii) is employed
11		for one school term or less to replace a teacher on leave,
12		or (iii) is employed on a part-time basis. "Part-time
13		basis" for the purposes of this subsection (b) means a
14		teacher who is employed to teach less than a full-day,
15		teacher workload or less than 5 days of the normal student
16		attendance week, unless otherwise provided for in a
17		collective bargaining agreement between the district and
18		the exclusive representative of the district's teachers.
19		For the purposes of this Section, a teacher (A) who is
20		employed as a full-time teacher but who actually teaches or
21		is otherwise present and participating in the district's
22		educational program for less than a school term or (B) who,
23		in the immediately previous school term, was employed on a
24		full-time basis and actually taught or was otherwise
25		present and participated in the district's educational
26		program for 120 days or more is not considered employed on

HB4137 Engrossed - 323 - LRB099 07987 AMC 28127 b
1		a part-time basis.
2		(2) Grouping 2 shall consist of each teacher with a
3		Needs Improvement or Unsatisfactory performance evaluation
4		rating on either of the teacher's last 2 performance
5		evaluation ratings.
6		(3) Grouping 3 shall consist of each teacher with a
7		performance evaluation rating of at least Satisfactory or
8		Proficient on both of the teacher's last 2 performance
9		evaluation ratings, if 2 ratings are available, or on the
10		teacher's last performance evaluation rating, if only one
11		rating is available, unless the teacher qualifies for
12		placement into grouping 4.
13		(4) Grouping 4 shall consist of each teacher whose last
14		2 performance evaluation ratings are Excellent and each
15		teacher with 2 Excellent performance evaluation ratings
16		out of the teacher's last 3 performance evaluation ratings
17		with a third rating of Satisfactory or Proficient.
18		Among teachers qualified to hold a position, teachers must
19		be dismissed in the order of their groupings, with teachers in
20		grouping one dismissed first and teachers in grouping 4
21		dismissed last.
22		Within grouping one, the sequence of dismissal must be at
23		the discretion of the school district or joint agreement.
24		Within grouping 2, the sequence of dismissal must be based upon
25		average performance evaluation ratings, with the teacher or
26		teachers with the lowest average performance evaluation rating

HB4137 Engrossed - 324 - LRB099 07987 AMC 28127 b
1		dismissed first. A teacher's average performance evaluation
2		rating must be calculated using the average of the teacher's
3		last 2 performance evaluation ratings, if 2 ratings are
4		available, or the teacher's last performance evaluation
5		rating, if only one rating is available, using the following
6		numerical values: 4 for Excellent; 3 for Proficient or
7		Satisfactory; 2 for Needs Improvement; and 1 for
8		Unsatisfactory. As between or among teachers in grouping 2 with
9		the same average performance evaluation rating and within each
10		of groupings 3 and 4, the teacher or teachers with the shorter
11		length of continuing service with the school district or joint
12		agreement must be dismissed first unless an alternative method
13		of determining the sequence of dismissal is established in a
14		collective bargaining agreement or contract between the board
15		and a professional faculty members' organization.
16		Each board, including the governing board of a joint
17		agreement, shall, in consultation with any exclusive employee
18		representatives, each year establish a sequence of honorable
19		dismissal list categorized by positions and the groupings
20		defined in this subsection (b). Copies of the list showing each
21		teacher by name and categorized by positions and the groupings
22		defined in this subsection (b) must be distributed to the
23		exclusive bargaining representative at least 75 days before the
24		end of the school term, provided that the school district or
25		joint agreement may, with notice to any exclusive employee
26		representatives, move teachers from grouping one into another

HB4137 Engrossed - 325 - LRB099 07987 AMC 28127 b
1		grouping during the period of time from 75 days until 45 days
2		before the end of the school term. Each year, each board shall
3		also establish, in consultation with any exclusive employee
4		representatives, a list showing the length of continuing
5		service of each teacher who is qualified to hold any such
6		positions, unless an alternative method of determining a
7		sequence of dismissal is established as provided for in this
8		Section, in which case a list must be made in accordance with
9		the alternative method. Copies of the list must be distributed
10		to the exclusive employee representative at least 75 days
11		before the end of the school term.
12		Any teacher dismissed as a result of such decrease or
13		discontinuance must be paid all earned compensation on or
14		before the third business day following the last day of pupil
15		attendance in the regular school term.
16		If the board or joint agreement has any vacancies for the
17		following school term or within one calendar year from the
18		beginning of the following school term, the positions thereby
19		becoming available must be tendered to the teachers so removed
20		or dismissed who were in groupings 3 or 4 of the sequence of
21		dismissal and are qualified to hold the positions, based upon
22		legal qualifications and any other qualifications established
23		in a district or joint agreement job description, on or before
24		the May 10 prior to the date of the positions becoming
25		available, provided that if the number of honorable dismissal
26		notices based on economic necessity exceeds 15% of the number

HB4137 Engrossed - 326 - LRB099 07987 AMC 28127 b
1		of full-time equivalent positions filled by certified
2		employees (excluding principals and administrative personnel)
3		during the preceding school year, then the recall period is for
4		the following school term or within 2 calendar years from the
5		beginning of the following school term. If the board or joint
6		agreement has any vacancies within the period from the
7		beginning of the following school term through February 1 of
8		the following school term (unless a date later than February 1,
9		but no later than 6 months from the beginning of the following
10		school term, is established in a collective bargaining
11		agreement), the positions thereby becoming available must be
12		tendered to the teachers so removed or dismissed who were in
13		grouping 2 of the sequence of dismissal due to one "needs
14		improvement" rating on either of the teacher's last 2
15		performance evaluation ratings, provided that, if 2 ratings are
16		available, the other performance evaluation rating used for
17		grouping purposes is "satisfactory", "proficient", or
18		"excellent", and are qualified to hold the positions, based
19		upon legal qualifications and any other qualifications
20		established in a district or joint agreement job description,
21		on or before the May 10 prior to the date of the positions
22		becoming available. On and after the effective date of this
23		amendatory Act of the 98th General Assembly, the preceding
24		sentence shall apply to teachers removed or dismissed by
25		honorable dismissal, even if notice of honorable dismissal
26		occurred during the 2013-2014 school year. Among teachers

HB4137 Engrossed - 327 - LRB099 07987 AMC 28127 b
1		eligible for recall pursuant to the preceding sentence, the
2		order of recall must be in inverse order of dismissal, unless
3		an alternative order of recall is established in a collective
4		bargaining agreement or contract between the board and a
5		professional faculty members' organization. Whenever the
6		number of honorable dismissal notices based upon economic
7		necessity exceeds 5 notices or 150% of the average number of
8		teachers honorably dismissed in the preceding 3 years,
9		whichever is more, then the school board or governing board of
10		a joint agreement, as applicable, shall also hold a public
11		hearing on the question of the dismissals. Following the
12		hearing and board review, the action to approve any such
13		reduction shall require a majority vote of the board members.
14		For purposes of this subsection (b), subject to agreement
15		on an alternative definition reached by the joint committee
16		described in subsection (c) of this Section, a teacher's
17		performance evaluation rating means the overall performance
18		evaluation rating resulting from an annual or biennial
19		performance evaluation conducted pursuant to Article 24A of
20		this Code by the school district or joint agreement determining
21		the sequence of dismissal, not including any performance
22		evaluation conducted during or at the end of a remediation
23		period. No more than one evaluation rating each school term
24		shall be one of the evaluation ratings used for the purpose of
25		determining the sequence of dismissal. Except as otherwise
26		provided in this subsection for any performance evaluations

HB4137 Engrossed - 328 - LRB099 07987 AMC 28127 b
1		conducted during or at the end of a remediation period, if
2		multiple performance evaluations are conducted in a school
3		term, only the rating from the last evaluation conducted prior
4		to establishing the sequence of honorable dismissal list in
5		such school term shall be the one evaluation rating from that
6		school term used for the purpose of determining the sequence of
7		dismissal. Averaging ratings from multiple evaluations is not
8		permitted unless otherwise agreed to in a collective bargaining
9		agreement or contract between the board and a professional
10		faculty members' organization. The preceding 3 sentences are
11		not a legislative declaration that existing law does or does
12		not already require that only one performance evaluation each
13		school term shall be used for the purpose of determining the
14		sequence of dismissal. For performance evaluation ratings
15		determined prior to September 1, 2012, any school district or
16		joint agreement with a performance evaluation rating system
17		that does not use either of the rating category systems
18		specified in subsection (d) of Section 24A-5 of this Code for
19		all teachers must establish a basis for assigning each teacher
20		a rating that complies with subsection (d) of Section 24A-5 of
21		this Code for all of the performance evaluation ratings that
22		are to be used to determine the sequence of dismissal. A
23		teacher's grouping and ranking on a sequence of honorable
24		dismissal shall be deemed a part of the teacher's performance
25		evaluation, and that information shall be disclosed to the
26		exclusive bargaining representative as part of a sequence of

HB4137 Engrossed - 329 - LRB099 07987 AMC 28127 b
1		honorable dismissal list, notwithstanding any laws prohibiting
2		disclosure of such information. A performance evaluation
3		rating may be used to determine the sequence of dismissal,
4		notwithstanding the pendency of any grievance resolution or
5		arbitration procedures relating to the performance evaluation.
6		If a teacher has received at least one performance evaluation
7		rating conducted by the school district or joint agreement
8		determining the sequence of dismissal and a subsequent
9		performance evaluation is not conducted in any school year in
10		which such evaluation is required to be conducted under Section
11		24A-5 of this Code, the teacher's performance evaluation rating
12		for that school year for purposes of determining the sequence
13		of dismissal is deemed Proficient. If a performance evaluation
14		rating is nullified as the result of an arbitration,
15		administrative agency, or court determination, then the school
16		district or joint agreement is deemed to have conducted a
17		performance evaluation for that school year, but the
18		performance evaluation rating may not be used in determining
19		the sequence of dismissal.
20		Nothing in this subsection (b) shall be construed as
21		limiting the right of a school board or governing board of a
22		joint agreement to dismiss a teacher not in contractual
23		continued service in accordance with Section 24-11 of this
24		Code.
25		Any provisions regarding the sequence of honorable
26		dismissals and recall of honorably dismissed teachers in a

HB4137 Engrossed - 330 - LRB099 07987 AMC 28127 b
1		collective bargaining agreement entered into on or before
2		January 1, 2011 and in effect on the effective date of this
3		amendatory Act of the 97th General Assembly that may conflict
4		with this amendatory Act of the 97th General Assembly shall
5		remain in effect through the expiration of such agreement or
6		June 30, 2013, whichever is earlier.
7		(c) Each school district and special education joint
8		agreement must use a joint committee composed of equal
9		representation selected by the school board and its teachers
10		or, if applicable, the exclusive bargaining representative of
11		its teachers, to address the matters described in paragraphs
12		(1) through (5) of this subsection (c) pertaining to honorable
13		dismissals under subsection (b) of this Section.
14		(1) The joint committee must consider and may agree to
15		criteria for excluding from grouping 2 and placing into
16		grouping 3 a teacher whose last 2 performance evaluations
17		include a Needs Improvement and either a Proficient or
18		Excellent.
19		(2) The joint committee must consider and may agree to
20		an alternative definition for grouping 4, which definition
21		must take into account prior performance evaluation
22		ratings and may take into account other factors that relate
23		to the school district's or program's educational
24		objectives. An alternative definition for grouping 4 may
25		not permit the inclusion of a teacher in the grouping with
26		a Needs Improvement or Unsatisfactory performance

HB4137 Engrossed - 331 - LRB099 07987 AMC 28127 b
1		evaluation rating on either of the teacher's last 2
2		performance evaluation ratings.
3		(3) The joint committee may agree to including within
4		the definition of a performance evaluation rating a
5		performance evaluation rating administered by a school
6		district or joint agreement other than the school district
7		or joint agreement determining the sequence of dismissal.
8		(4) For each school district or joint agreement that
9		administers performance evaluation ratings that are
10		inconsistent with either of the rating category systems
11		specified in subsection (d) of Section 24A-5 of this Code,
12		the school district or joint agreement must consult with
13		the joint committee on the basis for assigning a rating
14		that complies with subsection (d) of Section 24A-5 of this
15		Code to each performance evaluation rating that will be
16		used in a sequence of dismissal.
17		(5) Upon request by a joint committee member submitted
18		to the employing board by no later than 10 days after the
19		distribution of the sequence of honorable dismissal list, a
20		representative of the employing board shall, within 5 days
21		after the request, provide to members of the joint
22		committee a list showing the most recent and prior
23		performance evaluation ratings of each teacher identified
24		only by length of continuing service in the district or
25		joint agreement and not by name. If, after review of this
26		list, a member of the joint committee has a good faith

HB4137 Engrossed - 332 - LRB099 07987 AMC 28127 b
1		belief that a disproportionate number of teachers with
2		greater length of continuing service with the district or
3		joint agreement have received a recent performance
4		evaluation rating lower than the prior rating, the member
5		may request that the joint committee review the list to
6		assess whether such a trend may exist. Following the joint
7		committee's review, but by no later than the end of the
8		applicable school term, the joint committee or any member
9		or members of the joint committee may submit a report of
10		the review to the employing board and exclusive bargaining
11		representative, if any. Nothing in this paragraph (5) shall
12		impact the order of honorable dismissal or a school
13		district's or joint agreement's authority to carry out a
14		dismissal in accordance with subsection (b) of this
15		Section.
16		Agreement by the joint committee as to a matter requires
17		the majority vote of all committee members, and if the joint
18		committee does not reach agreement on a matter, then the
19		otherwise applicable requirements of subsection (b) of this
20		Section shall apply. Except as explicitly set forth in this
21		subsection (c), a joint committee has no authority to agree to
22		any further modifications to the requirements for honorable
23		dismissals set forth in subsection (b) of this Section. The
24		joint committee must be established, and the first meeting of
25		the joint committee each school year must occur on or before
26		December 1.

HB4137 Engrossed - 333 - LRB099 07987 AMC 28127 b
1		The joint committee must reach agreement on a matter on or
2		before February 1 of a school year in order for the agreement
3		of the joint committee to apply to the sequence of dismissal
4		determined during that school year. Subject to the February 1
5		deadline for agreements, the agreement of a joint committee on
6		a matter shall apply to the sequence of dismissal until the
7		agreement is amended or terminated by the joint committee.
8		(d) Notwithstanding anything to the contrary in this
9		subsection (d), the requirements and dismissal procedures of
10		Section 24-16.5 of this Code shall apply to any dismissal
11		sought under Section 24-16.5 of this Code.
12		(1) If a dismissal of a teacher in contractual
13		continued service is sought for any reason or cause other
14		than an honorable dismissal under subsections (a) or (b) of
15		this Section or a dismissal sought under Section 24-16.5 of
16		this Code, including those under Section 10-22.4, the board
17		must first approve a motion containing specific charges by
18		a majority vote of all its members. Written notice of such
19		charges, including a bill of particulars and the teacher's
20		right to request a hearing, must be mailed to the teacher
21		and also given to the teacher either by certified mail,
22		return receipt requested, or personal delivery with
23		receipt within 5 days of the adoption of the motion. Any
24		written notice sent on or after July 1, 2012 shall inform
25		the teacher of the right to request a hearing before a
26		mutually selected hearing officer, with the cost of the

HB4137 Engrossed - 334 - LRB099 07987 AMC 28127 b
1		hearing officer split equally between the teacher and the
2		board, or a hearing before a board-selected hearing
3		officer, with the cost of the hearing officer paid by the
4		board.
5		Before setting a hearing on charges stemming from
6		causes that are considered remediable, a board must give
7		the teacher reasonable warning in writing, stating
8		specifically the causes that, if not removed, may result in
9		charges; however, no such written warning is required if
10		the causes have been the subject of a remediation plan
11		pursuant to Article 24A of this Code.
12		If, in the opinion of the board, the interests of the
13		school require it, the board may suspend the teacher
14		without pay, pending the hearing, but if the board's
15		dismissal or removal is not sustained, the teacher shall
16		not suffer the loss of any salary or benefits by reason of
17		the suspension.
18		(2) No hearing upon the charges is required unless the
19		teacher within 17 days after receiving notice requests in
20		writing of the board that a hearing be scheduled before a
21		mutually selected hearing officer or a hearing officer
22		selected by the board. The secretary of the school board
23		shall forward a copy of the notice to the State Board of
24		Education.
25		(3) Within 5 business days after receiving a notice of
26		hearing in which either notice to the teacher was sent

HB4137 Engrossed - 335 - LRB099 07987 AMC 28127 b
1		before July 1, 2012 or, if the notice was sent on or after
2		July 1, 2012, the teacher has requested a hearing before a
3		mutually selected hearing officer, the State Board of
4		Education shall provide a list of 5 prospective, impartial
5		hearing officers from the master list of qualified,
6		impartial hearing officers maintained by the State Board of
7		Education. Each person on the master list must (i) be
8		accredited by a national arbitration organization and have
9		had a minimum of 5 years of experience directly related to
10		labor and employment relations matters between employers
11		and employees or their exclusive bargaining
12		representatives and (ii) beginning September 1, 2012, have
13		participated in training provided or approved by the State
14		Board of Education for teacher dismissal hearing officers
15		so that he or she is familiar with issues generally
16		involved in evaluative and non-evaluative dismissals.
17		If notice to the teacher was sent before July 1, 2012
18		or, if the notice was sent on or after July 1, 2012, the
19		teacher has requested a hearing before a mutually selected
20		hearing officer, the board and the teacher or their legal
21		representatives within 3 business days shall alternately
22		strike one name from the list provided by the State Board
23		of Education until only one name remains. Unless waived by
24		the teacher, the teacher shall have the right to proceed
25		first with the striking. Within 3 business days of receipt
26		of the list provided by the State Board of Education, the

HB4137 Engrossed - 336 - LRB099 07987 AMC 28127 b
1		board and the teacher or their legal representatives shall
2		each have the right to reject all prospective hearing
3		officers named on the list and notify the State Board of
4		Education of such rejection. Within 3 business days after
5		receiving this notification, the State Board of Education
6		shall appoint a qualified person from the master list who
7		did not appear on the list sent to the parties to serve as
8		the hearing officer, unless the parties notify it that they
9		have chosen to alternatively select a hearing officer under
10		paragraph (4) of this subsection (d).
11		If the teacher has requested a hearing before a hearing
12		officer selected by the board, the board shall select one
13		name from the master list of qualified impartial hearing
14		officers maintained by the State Board of Education within
15		3 business days after receipt and shall notify the State
16		Board of Education of its selection.
17		A hearing officer mutually selected by the parties,
18		selected by the board, or selected through an alternative
19		selection process under paragraph (4) of this subsection
20		(d) (A) must not be a resident of the school district, (B)
21		must be available to commence the hearing within 75 days
22		and conclude the hearing within 120 days after being
23		selected as the hearing officer, and (C) must issue a
24		decision as to whether the teacher must be dismissed and
25		give a copy of that decision to both the teacher and the
26		board within 30 days from the conclusion of the hearing or

HB4137 Engrossed - 337 - LRB099 07987 AMC 28127 b
1		closure of the record, whichever is later.
2		(4) In the alternative to selecting a hearing officer
3		from the list received from the State Board of Education or
4		accepting the appointment of a hearing officer by the State
5		Board of Education or if the State Board of Education
6		cannot provide a list or appoint a hearing officer that
7		meets the foregoing requirements, the board and the teacher
8		or their legal representatives may mutually agree to select
9		an impartial hearing officer who is not on the master list
10		either by direct appointment by the parties or by using
11		procedures for the appointment of an arbitrator
12		established by the Federal Mediation and Conciliation
13		Service or the American Arbitration Association. The
14		parties shall notify the State Board of Education of their
15		intent to select a hearing officer using an alternative
16		procedure within 3 business days of receipt of a list of
17		prospective hearing officers provided by the State Board of
18		Education, notice of appointment of a hearing officer by
19		the State Board of Education, or receipt of notice from the
20		State Board of Education that it cannot provide a list that
21		meets the foregoing requirements, whichever is later.
22		(5) If the notice of dismissal was sent to the teacher
23		before July 1, 2012, the fees and costs for the hearing
24		officer must be paid by the State Board of Education. If
25		the notice of dismissal was sent to the teacher on or after
26		July 1, 2012, the hearing officer's fees and costs must be

HB4137 Engrossed - 338 - LRB099 07987 AMC 28127 b
1		paid as follows in this paragraph (5). The fees and
2		permissible costs for the hearing officer must be
3		determined by the State Board of Education. If the board
4		and the teacher or their legal representatives mutually
5		agree to select an impartial hearing officer who is not on
6		a list received from the State Board of Education, they may
7		agree to supplement the fees determined by the State Board
8		to the hearing officer, at a rate consistent with the
9		hearing officer's published professional fees. If the
10		hearing officer is mutually selected by the parties, then
11		the board and the teacher or their legal representatives
12		shall each pay 50% of the fees and costs and any
13		supplemental allowance to which they agree. If the hearing
14		officer is selected by the board, then the board shall pay
15		100% of the hearing officer's fees and costs. The fees and
16		costs must be paid to the hearing officer within 14 days
17		after the board and the teacher or their legal
18		representatives receive the hearing officer's decision set
19		forth in paragraph (7) of this subsection (d).
20		(6) The teacher is required to answer the bill of
21		particulars and aver affirmative matters in his or her
22		defense, and the time for initially doing so and the time
23		for updating such answer and defenses after pre-hearing
24		discovery must be set by the hearing officer. The State
25		Board of Education shall promulgate rules so that each
26		party has a fair opportunity to present its case and to

HB4137 Engrossed - 339 - LRB099 07987 AMC 28127 b
1		ensure that the dismissal process proceeds in a fair and
2		expeditious manner. These rules shall address, without
3		limitation, discovery and hearing scheduling conferences;
4		the teacher's initial answer and affirmative defenses to
5		the bill of particulars and the updating of that
6		information after pre-hearing discovery; provision for
7		written interrogatories and requests for production of
8		documents; the requirement that each party initially
9		disclose to the other party and then update the disclosure
10		no later than 10 calendar days prior to the commencement of
11		the hearing, the names and addresses of persons who may be
12		called as witnesses at the hearing, a summary of the facts
13		or opinions each witness will testify to, and all other
14		documents and materials, including information maintained
15		electronically, relevant to its own as well as the other
16		party's case (the hearing officer may exclude witnesses and
17		exhibits not identified and shared, except those offered in
18		rebuttal for which the party could not reasonably have
19		anticipated prior to the hearing); pre-hearing discovery
20		and preparation, including provision for written
21		interrogatories and requests for production of documents,
22		provided that discovery depositions are prohibited; the
23		conduct of the hearing; the right of each party to be
24		represented by counsel, the offer of evidence and witnesses
25		and the cross-examination of witnesses; the authority of
26		the hearing officer to issue subpoenas and subpoenas duces

HB4137 Engrossed - 340 - LRB099 07987 AMC 28127 b
1		tecum, provided that the hearing officer may limit the
2		number of witnesses to be subpoenaed on behalf of each
3		party to no more than 7; the length of post-hearing briefs;
4		and the form, length, and content of hearing officers'
5		decisions. The hearing officer shall hold a hearing and
6		render a final decision for dismissal pursuant to Article
7		24A of this Code or shall report to the school board
8		findings of fact and a recommendation as to whether or not
9		the teacher must be dismissed for conduct. The hearing
10		officer shall commence the hearing within 75 days and
11		conclude the hearing within 120 days after being selected
12		as the hearing officer, provided that the hearing officer
13		may modify these timelines upon the showing of good cause
14		or mutual agreement of the parties. Good cause for the
15		purpose of this subsection (d) shall mean the illness or
16		otherwise unavoidable emergency of the teacher, district
17		representative, their legal representatives, the hearing
18		officer, or an essential witness as indicated in each
19		party's pre-hearing submission. In a dismissal hearing
20		pursuant to Article 24A of this Code, the hearing officer
21		shall consider and give weight to all of the teacher's
22		evaluations written pursuant to Article 24A that are
23		relevant to the issues in the hearing.
24		Each party shall have no more than 3 days to present
25		its case, unless extended by the hearing officer to enable
26		a party to present adequate evidence and testimony,

HB4137 Engrossed - 341 - LRB099 07987 AMC 28127 b
1		including due to the other party's cross-examination of the
2		party's witnesses, for good cause or by mutual agreement of
3		the parties. The State Board of Education shall define in
4		rules the meaning of "day" for such purposes. All testimony
5		at the hearing shall be taken under oath administered by
6		the hearing officer. The hearing officer shall cause a
7		record of the proceedings to be kept and shall employ a
8		competent reporter to take stenographic or stenotype notes
9		of all the testimony. The costs of the reporter's
10		attendance and services at the hearing shall be paid by the
11		party or parties who are responsible for paying the fees
12		and costs of the hearing officer. Either party desiring a
13		transcript of the hearing shall pay for the cost thereof.
14		Any post-hearing briefs must be submitted by the parties by
15		no later than 21 days after a party's receipt of the
16		transcript of the hearing, unless extended by the hearing
17		officer for good cause or by mutual agreement of the
18		parties.
19		(7) The hearing officer shall, within 30 days from the
20		conclusion of the hearing or closure of the record,
21		whichever is later, make a decision as to whether or not
22		the teacher shall be dismissed pursuant to Article 24A of
23		this Code or report to the school board findings of fact
24		and a recommendation as to whether or not the teacher shall
25		be dismissed for cause and shall give a copy of the
26		decision or findings of fact and recommendation to both the

HB4137 Engrossed - 342 - LRB099 07987 AMC 28127 b
1		teacher and the school board. If a hearing officer fails
2		without good cause, specifically provided in writing to
3		both parties and the State Board of Education, to render a
4		decision or findings of fact and recommendation within 30
5		days after the hearing is concluded or the record is
6		closed, whichever is later, the parties may mutually agree
7		to select a hearing officer pursuant to the alternative
8		procedure, as provided in this Section, to rehear the
9		charges heard by the hearing officer who failed to render a
10		decision or findings of fact and recommendation or to
11		review the record and render a decision. If any hearing
12		officer fails without good cause, specifically provided in
13		writing to both parties and the State Board of Education,
14		to render a decision or findings of fact and recommendation
15		within 30 days after the hearing is concluded or the record
16		is closed, whichever is later, the hearing officer shall be
17		removed from the master list of hearing officers maintained
18		by the State Board of Education for not more than 24
19		months. The parties and the State Board of Education may
20		also take such other actions as it deems appropriate,
21		including recovering, reducing, or withholding any fees
22		paid or to be paid to the hearing officer. If any hearing
23		officer repeats such failure, he or she must be permanently
24		removed from the master list maintained by the State Board
25		of Education and may not be selected by parties through the
26		alternative selection process under this paragraph (7) or

HB4137 Engrossed - 343 - LRB099 07987 AMC 28127 b
1		paragraph (4) of this subsection (d). The board shall not
2		lose jurisdiction to discharge a teacher if the hearing
3		officer fails to render a decision or findings of fact and
4		recommendation within the time specified in this Section.
5		If the decision of the hearing officer for dismissal
6		pursuant to Article 24A of this Code or of the school board
7		for dismissal for cause is in favor of the teacher, then
8		the hearing officer or school board shall order
9		reinstatement to the same or substantially equivalent
10		position and shall determine the amount for which the
11		school board is liable, including, but not limited to, loss
12		of income and benefits.
13		(8) The school board, within 45 days after receipt of
14		the hearing officer's findings of fact and recommendation
15		as to whether (i) the conduct at issue occurred, (ii) the
16		conduct that did occur was remediable, and (iii) the
17		proposed dismissal should be sustained, shall issue a
18		written order as to whether the teacher must be retained or
19		dismissed for cause from its employ. The school board's
20		written order shall incorporate the hearing officer's
21		findings of fact, except that the school board may modify
22		or supplement the findings of fact if, in its opinion, the
23		findings of fact are against the manifest weight of the
24		evidence.
25		If the school board dismisses the teacher
26		notwithstanding the hearing officer's findings of fact and

HB4137 Engrossed - 344 - LRB099 07987 AMC 28127 b
1		recommendation, the school board shall make a conclusion in
2		its written order, giving its reasons therefor, and such
3		conclusion and reasons must be included in its written
4		order. The failure of the school board to strictly adhere
5		to the timelines contained in this Section shall not render
6		it without jurisdiction to dismiss the teacher. The school
7		board shall not lose jurisdiction to discharge the teacher
8		for cause if the hearing officer fails to render a
9		recommendation within the time specified in this Section.
10		The decision of the school board is final, unless reviewed
11		as provided in paragraph (9) of this subsection (d).
12		If the school board retains the teacher, the school
13		board shall enter a written order stating the amount of
14		back pay and lost benefits, less mitigation, to be paid to
15		the teacher, within 45 days after its retention order.
16		Should the teacher object to the amount of the back pay and
17		lost benefits or amount mitigated, the teacher shall give
18		written objections to the amount within 21 days. If the
19		parties fail to reach resolution within 7 days, the dispute
20		shall be referred to the hearing officer, who shall
21		consider the school board's written order and teacher's
22		written objection and determine the amount to which the
23		school board is liable. The costs of the hearing officer's
24		review and determination must be paid by the board.
25		(9) The decision of the hearing officer pursuant to
26		Article 24A of this Code or of the school board's decision

HB4137 Engrossed - 345 - LRB099 07987 AMC 28127 b
1		to dismiss for cause is final unless reviewed as provided
2		in Section 24-16 of this Act. If the school board's
3		decision to dismiss for cause is contrary to the hearing
4		officer's recommendation, the court on review shall give
5		consideration to the school board's decision and its
6		supplemental findings of fact, if applicable, and the
7		hearing officer's findings of fact and recommendation in
8		making its decision. In the event such review is
9		instituted, the school board shall be responsible for
10		preparing and filing the record of proceedings, and such
11		costs associated therewith must be divided equally between
12		the parties.
13		(10) If a decision of the hearing officer for dismissal
14		pursuant to Article 24A of this Code or of the school board
15		for dismissal for cause is adjudicated upon review or
16		appeal in favor of the teacher, then the trial court shall
17		order reinstatement and shall remand the matter to the
18		school board with direction for entry of an order setting
19		the amount of back pay, lost benefits, and costs, less
20		mitigation. The teacher may challenge the school board's
21		order setting the amount of back pay, lost benefits, and
22		costs, less mitigation, through an expedited arbitration
23		procedure, with the costs of the arbitrator borne by the
24		school board.
25		Any teacher who is reinstated by any hearing or
26		adjudication brought under this Section shall be assigned

HB4137 Engrossed - 346 - LRB099 07987 AMC 28127 b
1		by the board to a position substantially similar to the one
2		which that teacher held prior to that teacher's suspension
3		or dismissal.
4		(11) Subject to any later effective date referenced in
5		this Section for a specific aspect of the dismissal
6		process, the changes made by Public Act 97-8 this
7		amendatory Act of the 97th General Assembly shall apply to
8		dismissals instituted on or after September 1, 2011. Any
9		dismissal instituted prior to September 1, 2011 must be
10		carried out in accordance with the requirements of this
11		Section prior to amendment by Public Act 97-8 this
12		amendatory Act of 97th General Assembly.
13		(e) Nothing contained in this amendatory Act of the 98th
14		General Assembly repeals, supersedes, invalidates, or
15		nullifies final decisions in lawsuits pending on the effective
16		date of this amendatory Act of the 98th General Assembly in
17		Illinois courts involving the interpretation of Public Act
18		97-8.
19		(Source: P.A. 97-8, eff. 6-13-11; 98-513, eff. 1-1-14; 98-648,
20		eff. 7-1-14; revised 12-1-14.)
21		(105 ILCS 5/27-23.7)
22		Sec. 27-23.7. Bullying prevention.
23		(a) The General Assembly finds that a safe and civil school
24		environment is necessary for students to learn and achieve and
25		that bullying causes physical, psychological, and emotional

HB4137 Engrossed - 347 - LRB099 07987 AMC 28127 b
1		harm to students and interferes with students' ability to learn
2		and participate in school activities. The General Assembly
3		further finds that bullying has been linked to other forms of
4		antisocial behavior, such as vandalism, shoplifting, skipping
5		and dropping out of school, fighting, using drugs and alcohol,
6		sexual harassment, and sexual violence. Because of the negative
7		outcomes associated with bullying in schools, the General
8		Assembly finds that school districts, charter schools, and
9		non-public, non-sectarian elementary and secondary schools
10		should educate students, parents, and school district, charter
11		school, or non-public, non-sectarian elementary or secondary
12		school personnel about what behaviors constitute prohibited
13		bullying.
14		Bullying on the basis of actual or perceived race, color,
15		religion, sex, national origin, ancestry, age, marital status,
16		physical or mental disability, military status, sexual
17		orientation, gender-related identity or expression,
18		unfavorable discharge from military service, association with
19		a person or group with one or more of the aforementioned actual
20		or perceived characteristics, or any other distinguishing
21		characteristic is prohibited in all school districts, charter
22		schools, and non-public, non-sectarian elementary and
23		secondary schools. No student shall be subjected to bullying:
24		(1) during any school-sponsored education program or
25		activity;
26		(2) while in school, on school property, on school

HB4137 Engrossed - 348 - LRB099 07987 AMC 28127 b
1		buses or other school vehicles, at designated school bus
2		stops waiting for the school bus, or at school-sponsored or
3		school-sanctioned events or activities;
4		(3) through the transmission of information from a
5		school computer, a school computer network, or other
6		similar electronic school equipment; or
7		(4) through the transmission of information from a
8		computer that is accessed at a nonschool-related location,
9		activity, function, or program or from the use of
10		technology or an electronic device that is not owned,
11		leased, or used by a school district or school if the
12		bullying causes a substantial disruption to the
13		educational process or orderly operation of a school. This
14		item (4) applies only in cases in which a school
15		administrator or teacher receives a report that bullying
16		through this means has occurred and does not require a
17		district or school to staff or monitor any
18		nonschool-related activity, function, or program.
19		(a-5) Nothing in this Section is intended to infringe upon
20		any right to exercise free expression or the free exercise of
21		religion or religiously based views protected under the First
22		Amendment to the United States Constitution or under Section 3
23		of Article I of the Illinois Constitution.
24		(b) In this Section:
25		"Bullying" includes "cyber-bullying" and means any severe
26		or pervasive physical or verbal act or conduct, including

HB4137 Engrossed - 349 - LRB099 07987 AMC 28127 b
1		communications made in writing or electronically, directed
2		toward a student or students that has or can be reasonably
3		predicted to have the effect of one or more of the following:
4		(1) placing the student or students in reasonable fear
5		of harm to the student's or students' person or property;
6		(2) causing a substantially detrimental effect on the
7		student's or students' physical or mental health;
8		(3) substantially interfering with the student's or
9		students' academic performance; or
10		(4) substantially interfering with the student's or
11		students' ability to participate in or benefit from the
12		services, activities, or privileges provided by a school.
13		Bullying, as defined in this subsection (b), may take
14		various forms, including without limitation one or more of the
15		following: harassment, threats, intimidation, stalking,
16		physical violence, sexual harassment, sexual violence, theft,
17		public humiliation, destruction of property, or retaliation
18		for asserting or alleging an act of bullying. This list is
19		meant to be illustrative and non-exhaustive.
20		"Cyber-bullying" means bullying through the use of
21		technology or any electronic communication, including without
22		limitation any transfer of signs, signals, writing, images,
23		sounds, data, or intelligence of any nature transmitted in
24		whole or in part by a wire, radio, electromagnetic system,
25		photoelectronic system, or photooptical system, including
26		without limitation electronic mail, Internet communications,

HB4137 Engrossed - 350 - LRB099 07987 AMC 28127 b
1		instant messages, or facsimile communications.
2		"Cyber-bullying" includes the creation of a webpage or weblog
3		in which the creator assumes the identity of another person or
4		the knowing impersonation of another person as the author of
5		posted content or messages if the creation or impersonation
6		creates any of the effects enumerated in the definition of
7		bullying in this Section. "Cyber-bullying" also includes the
8		distribution by electronic means of a communication to more
9		than one person or the posting of material on an electronic
10		medium that may be accessed by one or more persons if the
11		distribution or posting creates any of the effects enumerated
12		in the definition of bullying in this Section.
13		"Policy on bullying" means a bullying prevention policy
14		that meets the following criteria:
15		(1) Includes the bullying definition provided in this
16		Section.
17		(2) Includes a statement that bullying is contrary to
18		State law and the policy of the school district, charter
19		school, or non-public, non-sectarian elementary or
20		secondary school and is consistent with subsection (a-5) of
21		this Section.
22		(3) Includes procedures for promptly reporting
23		bullying, including, but not limited to, identifying and
24		providing the school e-mail address (if applicable) and
25		school telephone number for the staff person or persons
26		responsible for receiving such reports and a procedure for

HB4137 Engrossed - 351 - LRB099 07987 AMC 28127 b
1		anonymous reporting; however, this shall not be construed
2		to permit formal disciplinary action solely on the basis of
3		an anonymous report.
4		(4) Consistent with federal and State laws and rules
5		governing student privacy rights, includes procedures for
6		promptly informing parents or guardians of all students
7		involved in the alleged incident of bullying and
8		discussing, as appropriate, the availability of social
9		work services, counseling, school psychological services,
10		other interventions, and restorative measures.
11		(5) Contains procedures for promptly investigating and
12		addressing reports of bullying, including the following:
13		(A) Making all reasonable efforts to complete the
14		investigation within 10 school days after the date the
15		report of the incident of bullying was received and
16		taking into consideration additional relevant
17		information received during the course of the
18		investigation about the reported incident of bullying.
19		(B) Involving appropriate school support personnel
20		and other staff persons with knowledge, experience,
21		and training on bullying prevention, as deemed
22		appropriate, in the investigation process.
23		(C) Notifying the principal or school
24		administrator or his or her designee of the report of
25		the incident of bullying as soon as possible after the
26		report is received.

HB4137 Engrossed - 352 - LRB099 07987 AMC 28127 b
1		(D) Consistent with federal and State laws and
2		rules governing student privacy rights, providing
3		parents and guardians of the students who are parties
4		to the investigation information about the
5		investigation and an opportunity to meet with the
6		principal or school administrator or his or her
7		designee to discuss the investigation, the findings of
8		the investigation, and the actions taken to address the
9		reported incident of bullying.
10		(6) Includes the interventions that can be taken to
11		address bullying, which may include, but are not limited
12		to, school social work services, restorative measures,
13		social-emotional skill building, counseling, school
14		psychological services, and community-based services.
15		(7) Includes a statement prohibiting reprisal or
16		retaliation against any person who reports an act of
17		bullying and the consequences and appropriate remedial
18		actions for a person who engages in reprisal or
19		retaliation.
20		(8) Includes consequences and appropriate remedial
21		actions for a person found to have falsely accused another
22		of bullying as a means of retaliation or as a means of
23		bullying.
24		(9) Is based on the engagement of a range of school
25		stakeholders, including students and parents or guardians.
26		(10) Is posted on the school district's, charter

HB4137 Engrossed - 353 - LRB099 07987 AMC 28127 b
1		school's, or non-public, non-sectarian elementary or
2		secondary school's existing Internet website and is
3		included in the student handbook, and, where applicable,
4		posted where other policies, rules, and standards of
5		conduct are currently posted in the school, and is
6		distributed annually to parents, guardians, students, and
7		school personnel, including new employees when hired.
8		(11) As part of the process of reviewing and
9		re-evaluating the policy under subsection (d) of this
10		Section, contains a policy evaluation process to assess the
11		outcomes and effectiveness of the policy that includes, but
12		is not limited to, factors such as the frequency of
13		victimization; student, staff, and family observations of
14		safety at a school; identification of areas of a school
15		where bullying occurs; the types of bullying utilized; and
16		bystander intervention or participation. The school
17		district, charter school, or non-public, non-sectarian
18		elementary or secondary school may use relevant data and
19		information it already collects for other purposes in the
20		policy evaluation. The information developed as a result of
21		the policy evaluation must be made available on the
22		Internet website of the school district, charter school, or
23		non-public, non-sectarian elementary or secondary school.
24		If an Internet website is not available, the information
25		must be provided to school administrators, school board
26		members, school personnel, parents, guardians, and

HB4137 Engrossed - 354 - LRB099 07987 AMC 28127 b
1		students.
2		(12) Is consistent with the policies of the school
3		board, charter school, or non-public, non-sectarian
4		elementary or secondary school.
5		"Restorative measures" means a continuum of school-based
6		alternatives to exclusionary discipline, such as suspensions
7		and expulsions, that: (i) are adapted to the particular needs
8		of the school and community, (ii) contribute to maintaining
9		school safety, (iii) protect the integrity of a positive and
10		productive learning climate, (iv) teach students the personal
11		and interpersonal skills they will need to be successful in
12		school and society, (v) serve to build and restore
13		relationships among students, families, schools, and
14		communities, and (vi) reduce the likelihood of future
15		disruption by balancing accountability with an understanding
16		of students' behavioral health needs in order to keep students
17		in school.
18		"School personnel" means persons employed by, on contract
19		with, or who volunteer in a school district, charter school
20		schools, or non-public, non-sectarian elementary or secondary
21		school, including without limitation school and school
22		district administrators, teachers, school guidance counselors,
23		school social workers, school counselors, school
24		psychologists, school nurses, cafeteria workers, custodians,
25		bus drivers, school resource officers, and security guards.
26		(c) (Blank).

HB4137 Engrossed - 355 - LRB099 07987 AMC 28127 b
1		(d) Each school district, charter school, and non-public,
2		non-sectarian elementary or secondary school shall create,
3		maintain, and implement a policy on bullying, which policy must
4		be filed with the State Board of Education. The policy or
5		implementing procedure shall include a process to investigate
6		whether a reported act of bullying is within the permissible
7		scope of the district's or school's jurisdiction and shall
8		require that the district or school provide the victim with
9		information regarding services that are available within the
10		district and community, such as counseling, support services,
11		and other programs. Every 2 years, each school district,
12		charter school, and non-public, non-sectarian elementary or
13		secondary school shall conduct a review and re-evaluation of
14		its policy and make any necessary and appropriate revisions.
15		The policy must be filed with the State Board of Education
16		after being updated. The State Board of Education shall monitor
17		and provide technical support for the implementation of
18		policies created under this subsection (d).
19		(e) This Section shall not be interpreted to prevent a
20		victim from seeking redress under any other available civil or
21		criminal law.
22		(Source: P.A. 98-669, eff. 6-26-14; 98-801, eff. 1-1-15;
23		revised 10-2-14.)
24		(105 ILCS 5/27A-4)
25		Sec. 27A-4. General provisions Provisions.

HB4137 Engrossed - 356 - LRB099 07987 AMC 28127 b
1		(a) The General Assembly does not intend to alter or amend
2		the provisions of any court-ordered desegregation plan in
3		effect for any school district. A charter school shall be
4		subject to all federal and State laws and constitutional
5		provisions prohibiting discrimination on the basis of
6		disability, race, creed, color, gender, national origin,
7		religion, ancestry, marital status, or need for special
8		education services.
9		(b) The total number of charter schools operating under
10		this Article at any one time shall not exceed 120. Not more
11		than 70 charter schools shall operate at any one time in any
12		city having a population exceeding 500,000, with at least 5
13		charter schools devoted exclusively to students from
14		low-performing or overcrowded schools operating at any one time
15		in that city; and not more than 45 charter schools shall
16		operate at any one time in the remainder of the State, with not
17		more than one charter school that has been initiated by a board
18		of education, or by an intergovernmental agreement between or
19		among boards of education, operating at any one time in the
20		school district where the charter school is located. In
21		addition to these charter schools, up to but no more than 5
22		charter schools devoted exclusively to re-enrolled high school
23		dropouts and/or students 16 or 15 years old at risk of dropping
24		out may operate at any one time in any city having a population
25		exceeding 500,000. Notwithstanding any provision to the
26		contrary in subsection (b) of Section 27A-5 of this Code, each

HB4137 Engrossed - 357 - LRB099 07987 AMC 28127 b
1		such dropout charter may operate up to 15 campuses within the
2		city. Any of these dropout charters may have a maximum of 1,875
3		enrollment seats, any one of the campuses of the dropout
4		charter may have a maximum of 165 enrollment seats, and each
5		campus of the dropout charter must be operated, through a
6		contract or payroll, by the same legal entity as that for which
7		the charter is approved and certified.
8		For purposes of implementing this Section, the State Board
9		shall assign a number to each charter submission it receives
10		under Section 27A-6 for its review and certification, based on
11		the chronological order in which the submission is received by
12		it. The State Board shall promptly notify local school boards
13		when the maximum numbers of certified charter schools
14		authorized to operate have been reached.
15		(c) No charter shall be granted under this Article that
16		would convert any existing private, parochial, or non-public
17		school to a charter school.
18		(d) Enrollment in a charter school shall be open to any
19		pupil who resides within the geographic boundaries of the area
20		served by the local school board, provided that the board of
21		education in a city having a population exceeding 500,000 may
22		designate attendance boundaries for no more than one-third of
23		the charter schools permitted in the city if the board of
24		education determines that attendance boundaries are needed to
25		relieve overcrowding or to better serve low-income and at-risk
26		students. Students residing within an attendance boundary may

HB4137 Engrossed - 358 - LRB099 07987 AMC 28127 b
1		be given priority for enrollment, but must not be required to
2		attend the charter school.
3		(e) Nothing in this Article shall prevent 2 or more local
4		school boards from jointly issuing a charter to a single shared
5		charter school, provided that all of the provisions of this
6		Article are met as to those local school boards.
7		(f) No local school board shall require any employee of the
8		school district to be employed in a charter school.
9		(g) No local school board shall require any pupil residing
10		within the geographic boundary of its district to enroll in a
11		charter school.
12		(h) If there are more eligible applicants for enrollment in
13		a charter school than there are spaces available, successful
14		applicants shall be selected by lottery. However, priority
15		shall be given to siblings of pupils enrolled in the charter
16		school and to pupils who were enrolled in the charter school
17		the previous school year, unless expelled for cause, and
18		priority may be given to pupils residing within the charter
19		school's attendance boundary, if a boundary has been designated
20		by the board of education in a city having a population
21		exceeding 500,000.
22		Beginning with student enrollment for the 2015-2016 school
23		year, any lottery required under this subsection (h) must be
24		administered and videotaped by the charter school. The
25		authorizer or its designee must be allowed to be present or
26		view the lottery in real time. The charter school must maintain

HB4137 Engrossed - 359 - LRB099 07987 AMC 28127 b
1		a videotaped record of the lottery, including a time/date
2		stamp. The charter school shall transmit copies of the
3		videotape and all records relating to the lottery to the
4		authorizer on or before September 1 of each year.
5		Subject to the requirements for priority applicant groups
6		set forth in paragraph (1) of this subsection (h), any lottery
7		required under this subsection (h) must be administered in a
8		way that provides each student an equal chance at admission. If
9		an authorizer makes a determination that a charter school's
10		lottery is in violation of this subsection (h), it may
11		administer the lottery directly. After a lottery, each student
12		randomly selected for admission to the charter school must be
13		notified. Charter schools may not create an admissions process
14		subsequent to a lottery that may operate as a barrier to
15		registration or enrollment.
16		Charter schools may undertake additional intake
17		activities, including without limitation student essays,
18		school-parent compacts, or open houses, but in no event may a
19		charter school require participation in these activities as a
20		condition of enrollment. A charter school must submit an
21		updated waitlist to the authorizer on a quarterly basis. A
22		waitlist must be submitted to the authorizer at the same time
23		as quarterly financial statements, if quarterly financial
24		statements are required by the authorizer.
25		Dual enrollment at both a charter school and a public
26		school or non-public school shall not be allowed. A pupil who

HB4137 Engrossed - 360 - LRB099 07987 AMC 28127 b
1		is suspended or expelled from a charter school shall be deemed
2		to be suspended or expelled from the public schools of the
3		school district in which the pupil resides. Notwithstanding
4		anything to the contrary in this subsection (h):
5		(1) any charter school with a mission exclusive to
6		educating high school dropouts may grant priority
7		admission to students who are high school dropouts and/or
8		students 16 or 15 years old at risk of dropping out and any
9		charter school with a mission exclusive to educating
10		students from low-performing or overcrowded schools may
11		restrict admission to students who are from low-performing
12		or overcrowded schools; "priority admission" for charter
13		schools exclusively devoted to re-enrolled dropouts or
14		students at risk of dropping out means a minimum of 90% of
15		students enrolled shall be high school dropouts; and
16		(2) any charter school located in a school district
17		that contains all or part of a federal military base may
18		set aside up to 33% of its current charter enrollment to
19		students with parents assigned to the federal military
20		base, with the remaining 67% subject to the general
21		enrollment and lottery requirements of subsection (d) of
22		this Section and this subsection (h); if a student with a
23		parent assigned to the federal military base withdraws from
24		the charter school during the course of a school year for
25		reasons other than grade promotion, those students with
26		parents assigned to the federal military base shall have

HB4137 Engrossed - 361 - LRB099 07987 AMC 28127 b
1		preference in filling the vacancy.
2		(i) (Blank).
3		(j) Notwithstanding any other provision of law to the
4		contrary, a school district in a city having a population
5		exceeding 500,000 shall not have a duty to collectively bargain
6		with an exclusive representative of its employees over
7		decisions to grant or deny a charter school proposal under
8		Section 27A-8 of this Code, decisions to renew or revoke a
9		charter under Section 27A-9 of this Code, and the impact of
10		these decisions, provided that nothing in this Section shall
11		have the effect of negating, abrogating, replacing, reducing,
12		diminishing, or limiting in any way employee rights,
13		guarantees, or privileges granted in Sections 2, 3, 7, 8, 10,
14		14, and 15 of the Illinois Educational Labor Relations Act.
15		(k) In this Section:
16		"Low-performing school" means a public school in a school
17		district organized under Article 34 of this Code that enrolls
18		students in any of grades kindergarten through 8 and that is
19		ranked within the lowest 10% of schools in that district in
20		terms of the percentage of students meeting or exceeding
21		standards on the assessments required under Section 2-3.64a-5
22		of this Code.
23		"Overcrowded school" means a public school in a school
24		district organized under Article 34 of this Code that (i)
25		enrolls students in any of grades kindergarten through 8, (ii)
26		has a percentage of low-income students of 70% or more, as

HB4137 Engrossed - 362 - LRB099 07987 AMC 28127 b
1		identified in the most recently available School Report Card
2		published by the State Board of Education, and (iii) is
3		determined by the Chicago Board of Education to be in the most
4		severely overcrowded 5% of schools in the district. On or
5		before November 1 of each year, the Chicago Board of Education
6		shall file a report with the State Board of Education on which
7		schools in the district meet the definition of "overcrowded
8		school". "Students at risk of dropping out" means students 16
9		or 15 years old in a public school in a district organized
10		under Article 34 of this Code that enrolls students in any
11		grades 9-12 who have been absent at least 90 school attendance
12		days of the previous 180 school attendance days.
13		(l) For advertisements created after January 1, 2015 (the
14		effective date of Public Act 98-783) this amendatory Act of the
15		98th General Assembly, any advertisement, including a radio,
16		television, print, Internet, social media, or billboard
17		advertisement, purchased by a school district or public school,
18		including a charter school, with public funds must include a
19		disclaimer stating that the advertisement was paid for using
20		public funds.
21		This disclaimer requirement does not extend to materials
22		created by the charter school, including, but not limited to, a
23		school website, informational pamphlets or leaflets, or
24		clothing with affixed school logos.
25		(Source: P.A. 97-151, eff. 1-1-12; 97-624, eff. 11-28-11;
26		97-813, eff. 7-13-12; 98-474, eff. 8-16-13; 98-783, eff.

HB4137 Engrossed - 363 - LRB099 07987 AMC 28127 b
1		1-1-15; 98-972, eff. 8-15-14; revised 10-1-14.)
2		(105 ILCS 5/27A-5)
3		Sec. 27A-5. Charter school; legal entity; requirements.
4		(a) A charter school shall be a public, nonsectarian,
5		nonreligious, non-home based, and non-profit school. A charter
6		school shall be organized and operated as a nonprofit
7		corporation or other discrete, legal, nonprofit entity
8		authorized under the laws of the State of Illinois.
9		(b) A charter school may be established under this Article
10		by creating a new school or by converting an existing public
11		school or attendance center to charter school status. Beginning
12		on the effective date of this amendatory Act of the 93rd
13		General Assembly, in all new applications to establish a
14		charter school in a city having a population exceeding 500,000,
15		operation of the charter school shall be limited to one campus.
16		The changes made to this Section by this amendatory Act of the
17		93rd General Assembly do not apply to charter schools existing
18		or approved on or before the effective date of this amendatory
19		Act.
20		(b-5) In this subsection (b-5), "virtual-schooling" means
21		a cyber school where students engage in online curriculum and
22		instruction via the Internet and electronic communication with
23		their teachers at remote locations and with students
24		participating at different times.
25		From April 1, 2013 through December 31, 2016, there is a

HB4137 Engrossed - 364 - LRB099 07987 AMC 28127 b
1		moratorium on the establishment of charter schools with
2		virtual-schooling components in school districts other than a
3		school district organized under Article 34 of this Code. This
4		moratorium does not apply to a charter school with
5		virtual-schooling components existing or approved prior to
6		April 1, 2013 or to the renewal of the charter of a charter
7		school with virtual-schooling components already approved
8		prior to April 1, 2013.
9		On or before March 1, 2014, the Commission shall submit to
10		the General Assembly a report on the effect of
11		virtual-schooling, including without limitation the effect on
12		student performance, the costs associated with
13		virtual-schooling, and issues with oversight. The report shall
14		include policy recommendations for virtual-schooling.
15		(c) A charter school shall be administered and governed by
16		its board of directors or other governing body in the manner
17		provided in its charter. The governing body of a charter school
18		shall be subject to the Freedom of Information Act and the Open
19		Meetings Act.
20		(d) A charter school shall comply with all applicable
21		health and safety requirements applicable to public schools
22		under the laws of the State of Illinois.
23		(e) Except as otherwise provided in the School Code, a
24		charter school shall not charge tuition; provided that a
25		charter school may charge reasonable fees for textbooks,
26		instructional materials, and student activities.

HB4137 Engrossed - 365 - LRB099 07987 AMC 28127 b
1		(f) A charter school shall be responsible for the
2		management and operation of its fiscal affairs including, but
3		not limited to, the preparation of its budget. An audit of each
4		charter school's finances shall be conducted annually by an
5		outside, independent contractor retained by the charter
6		school. To ensure financial accountability for the use of
7		public funds, on or before December 1 of every year of
8		operation, each charter school shall submit to its authorizer
9		and the State Board a copy of its audit and a copy of the Form
10		990 the charter school filed that year with the federal
11		Internal Revenue Service. In addition, if deemed necessary for
12		proper financial oversight of the charter school, an authorizer
13		may require quarterly financial statements from each charter
14		school.
15		(g) A charter school shall comply with all provisions of
16		this Article; the Illinois Educational Labor Relations Act; all
17		federal and State laws and rules applicable to public schools
18		that pertain to special education and the instruction of
19		English language learners, referred to in this Code as
20		"children of limited English-speaking ability"; and its
21		charter. A charter school is exempt from all other State laws
22		and regulations in this Code governing public schools and local
23		school board policies, except the following:
24		(1) Sections 10-21.9 and 34-18.5 of this Code regarding
25		criminal history records checks and checks of the Statewide
26		Sex Offender Database and Statewide Murderer and Violent

HB4137 Engrossed - 366 - LRB099 07987 AMC 28127 b
1		Offender Against Youth Database of applicants for
2		employment;
3		(2) Sections 24-24 and 34-84A of this Code regarding
4		discipline of students;
5		(3) the Local Governmental and Governmental Employees
6		Tort Immunity Act;
7		(4) Section 108.75 of the General Not For Profit
8		Corporation Act of 1986 regarding indemnification of
9		officers, directors, employees, and agents;
10		(5) the Abused and Neglected Child Reporting Act;
11		(6) the Illinois School Student Records Act;
12		(7) Section 10-17a of this Code regarding school report
13		cards;
14		(8) the P-20 Longitudinal Education Data System Act;
15		and
16		(9) Section 27-23.7 of this Code regarding bullying
17		prevention; and .
18		(10) (9) Section 2-3.162 2-3.160 of this the School
19		Code regarding student discipline reporting.
20		The change made by Public Act 96-104 to this subsection (g)
21		is declaratory of existing law.
22		(h) A charter school may negotiate and contract with a
23		school district, the governing body of a State college or
24		university or public community college, or any other public or
25		for-profit or nonprofit private entity for: (i) the use of a
26		school building and grounds or any other real property or

HB4137 Engrossed - 367 - LRB099 07987 AMC 28127 b
1		facilities that the charter school desires to use or convert
2		for use as a charter school site, (ii) the operation and
3		maintenance thereof, and (iii) the provision of any service,
4		activity, or undertaking that the charter school is required to
5		perform in order to carry out the terms of its charter.
6		However, a charter school that is established on or after the
7		effective date of this amendatory Act of the 93rd General
8		Assembly and that operates in a city having a population
9		exceeding 500,000 may not contract with a for-profit entity to
10		manage or operate the school during the period that commences
11		on the effective date of this amendatory Act of the 93rd
12		General Assembly and concludes at the end of the 2004-2005
13		school year. Except as provided in subsection (i) of this
14		Section, a school district may charge a charter school
15		reasonable rent for the use of the district's buildings,
16		grounds, and facilities. Any services for which a charter
17		school contracts with a school district shall be provided by
18		the district at cost. Any services for which a charter school
19		contracts with a local school board or with the governing body
20		of a State college or university or public community college
21		shall be provided by the public entity at cost.
22		(i) In no event shall a charter school that is established
23		by converting an existing school or attendance center to
24		charter school status be required to pay rent for space that is
25		deemed available, as negotiated and provided in the charter
26		agreement, in school district facilities. However, all other

HB4137 Engrossed - 368 - LRB099 07987 AMC 28127 b
1		costs for the operation and maintenance of school district
2		facilities that are used by the charter school shall be subject
3		to negotiation between the charter school and the local school
4		board and shall be set forth in the charter.
5		(j) A charter school may limit student enrollment by age or
6		grade level.
7		(k) If the charter school is approved by the Commission,
8		then the Commission charter school is its own local education
9		agency.
10		(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;
11		97-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14;
12		98-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff.
13		1-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised
14		10-14-14.)
15		(105 ILCS 5/27A-6)
16		Sec. 27A-6. Contract contents; applicability of laws and
17		regulations.
18		(a) A certified charter shall constitute a binding contract
19		and agreement between the charter school and a local school
20		board under the terms of which the local school board
21		authorizes the governing body of the charter school to operate
22		the charter school on the terms specified in the contract.
23		(b) Notwithstanding any other provision of this Article,
24		the certified charter may not waive or release the charter
25		school from the State goals, standards, and assessments

HB4137 Engrossed - 369 - LRB099 07987 AMC 28127 b
1		established pursuant to Section 2-3.64a-5 of this Code.
2		Beginning with the 2003-2004 school year, the certified charter
3		for a charter school operating in a city having a population
4		exceeding 500,000 shall require the charter school to
5		administer any other nationally recognized standardized tests
6		to its students that the chartering entity administers to other
7		students, and the results on such tests shall be included in
8		the chartering entity's assessment reports.
9		(c) Subject to the provisions of subsection (e), a material
10		revision to a previously certified contract or a renewal shall
11		be made with the approval of both the local school board and
12		the governing body of the charter school.
13		(c-5) The proposed contract shall include a provision on
14		how both parties will address minor violations of the contract.
15		(d) The proposed contract between the governing body of a
16		proposed charter school and the local school board as described
17		in Section 27A-7 must be submitted to and certified by the
18		State Board before it can take effect. If the State Board
19		recommends that the proposed contract be modified for
20		consistency with this Article before it can be certified, the
21		modifications must be consented to by both the governing body
22		of the charter school and the local school board, and
23		resubmitted to the State Board for its certification. If the
24		proposed contract is resubmitted in a form that is not
25		consistent with this Article, the State Board may refuse to
26		certify the charter.

HB4137 Engrossed - 370 - LRB099 07987 AMC 28127 b
1		The State Board shall assign a number to each submission or
2		resubmission in chronological order of receipt, and shall
3		determine whether the proposed contract is consistent with the
4		provisions of this Article. If the proposed contract complies,
5		the State Board shall so certify.
6		(e) No renewal of a previously certified contract is
7		effective unless and until the State Board certifies that the
8		renewal is consistent with the provisions of this Article. A
9		material revision to a previously certified contract may go
10		into effect immediately upon approval of both the local school
11		board and the governing body of the charter school, unless
12		either party requests in writing that the State Board certify
13		that the material revision is consistent with the provisions of
14		this Article. If such a request is made, the proposed material
15		revision is not effective unless and until the State Board so
16		certifies.
17		(Source: P.A. 98-972, eff. 8-15-14; 98-1048, eff. 8-25-14;
18		revised 10-1-14.)
19		(105 ILCS 5/27A-7)
20		Sec. 27A-7. Charter submission.
21		(a) A proposal to establish a charter school shall be
22		submitted to the local school board and the State Board for
23		certification under Section 27A-6 of this Code in the form of a
24		proposed contract entered into between the local school board
25		and the governing body of a proposed charter school. The

HB4137 Engrossed - 371 - LRB099 07987 AMC 28127 b
1		charter school proposal shall include:
2		(1) The name of the proposed charter school, which must
3		include the words "Charter School".
4		(2) The age or grade range, areas of focus, minimum and
5		maximum numbers of pupils to be enrolled in the charter
6		school, and any other admission criteria that would be
7		legal if used by a school district.
8		(3) A description of and address for the physical plant
9		in which the charter school will be located; provided that
10		nothing in the Article shall be deemed to justify delaying
11		or withholding favorable action on or approval of a charter
12		school proposal because the building or buildings in which
13		the charter school is to be located have not been acquired
14		or rented at the time a charter school proposal is
15		submitted or approved or a charter school contract is
16		entered into or submitted for certification or certified,
17		so long as the proposal or submission identifies and names
18		at least 2 sites that are potentially available as a
19		charter school facility by the time the charter school is
20		to open.
21		(4) The mission statement of the charter school, which
22		must be consistent with the General Assembly's declared
23		purposes; provided that nothing in this Article shall be
24		construed to require that, in order to receive favorable
25		consideration and approval, a charter school proposal
26		demonstrate unequivocally that the charter school will be

HB4137 Engrossed - 372 - LRB099 07987 AMC 28127 b
1		able to meet each of those declared purposes, it being the
2		intention of the Charter Schools Law that those purposes be
3		recognized as goals that charter schools must aspire to
4		attain.
5		(5) The goals, objectives, and pupil performance
6		standards to be achieved by the charter school.
7		(6) In the case of a proposal to establish a charter
8		school by converting an existing public school or
9		attendance center to charter school status, evidence that
10		the proposed formation of the charter school has received
11		the approval of certified teachers, parents and guardians,
12		and, if applicable, a local school council as provided in
13		subsection (b) of Section 27A-8.
14		(7) A description of the charter school's educational
15		program, pupil performance standards, curriculum, school
16		year, school days, and hours of operation.
17		(8) A description of the charter school's plan for
18		evaluating pupil performance, the types of assessments
19		that will be used to measure pupil progress towards
20		achievement of the school's pupil performance standards,
21		the timeline for achievement of those standards, and the
22		procedures for taking corrective action in the event that
23		pupil performance at the charter school falls below those
24		standards.
25		(9) Evidence that the terms of the charter as proposed
26		are economically sound for both the charter school and the

HB4137 Engrossed - 373 - LRB099 07987 AMC 28127 b
1		school district, a proposed budget for the term of the
2		charter, a description of the manner in which an annual
3		audit of the financial and administrative operations of the
4		charter school, including any services provided by the
5		school district, are to be conducted, and a plan for the
6		displacement of pupils, teachers, and other employees who
7		will not attend or be employed in the charter school.
8		(10) A description of the governance and operation of
9		the charter school, including the nature and extent of
10		parental, professional educator, and community involvement
11		in the governance and operation of the charter school.
12		(11) An explanation of the relationship that will exist
13		between the charter school and its employees, including
14		evidence that the terms and conditions of employment have
15		been addressed with affected employees and their
16		recognized representative, if any. However, a bargaining
17		unit of charter school employees shall be separate and
18		distinct from any bargaining units formed from employees of
19		a school district in which the charter school is located.
20		(12) An agreement between the parties regarding their
21		respective legal liability and applicable insurance
22		coverage.
23		(13) A description of how the charter school plans to
24		meet the transportation needs of its pupils, and a plan for
25		addressing the transportation needs of low-income and
26		at-risk pupils.

HB4137 Engrossed - 374 - LRB099 07987 AMC 28127 b
1		(14) The proposed effective date and term of the
2		charter; provided that the first day of the first academic
3		year shall be no earlier than August 15 and no later than
4		September 15 of a calendar year, and the first day of the
5		fiscal year shall be July 1.
6		(15) Any other information reasonably required by the
7		State Board of Education.
8		(b) A proposal to establish a charter school may be
9		initiated by individuals or organizations that will have
10		majority representation on the board of directors or other
11		governing body of the corporation or other discrete legal
12		entity that is to be established to operate the proposed
13		charter school, by a board of education or an intergovernmental
14		agreement between or among boards of education, or by the board
15		of directors or other governing body of a discrete legal entity
16		already existing or established to operate the proposed charter
17		school. The individuals or organizations referred to in this
18		subsection may be school teachers, school administrators,
19		local school councils, colleges or universities or their
20		faculty members, public community colleges or their
21		instructors or other representatives, corporations, or other
22		entities or their representatives. The proposal shall be
23		submitted to the local school board for consideration and, if
24		appropriate, for development of a proposed contract to be
25		submitted to the State Board for certification under Section
26		27A-6.

HB4137 Engrossed - 375 - LRB099 07987 AMC 28127 b
1		(c) The local school board may not without the consent of
2		the governing body of the charter school condition its approval
3		of a charter school proposal on acceptance of an agreement to
4		operate under State laws and regulations and local school board
5		policies from which the charter school is otherwise exempted
6		under this Article.
7		(Source: P.A. 98-739, eff. 7-16-14; 98-1048, eff. 8-25-14;
8		revised 10-1-14.)
9		(105 ILCS 5/27A-11)
10		Sec. 27A-11. Local financing.
11		(a) For purposes of the School Code, pupils enrolled in a
12		charter school shall be included in the pupil enrollment of the
13		school district within which the pupil resides. Each charter
14		school (i) shall determine the school district in which each
15		pupil who is enrolled in the charter school resides, (ii) shall
16		report the aggregate number of pupils resident of a school
17		district who are enrolled in the charter school to the school
18		district in which those pupils reside, and (iii) shall maintain
19		accurate records of daily attendance that shall be deemed
20		sufficient to file claims under Section 18-8 notwithstanding
21		any other requirements of that Section regarding hours of
22		instruction and teacher certification.
23		(b) Except for a charter school established by referendum
24		under Section 27A-6.5, as part of a charter school contract,
25		the charter school and the local school board shall agree on

HB4137 Engrossed - 376 - LRB099 07987 AMC 28127 b
1		funding and any services to be provided by the school district
2		to the charter school. Agreed funding that a charter school is
3		to receive from the local school board for a school year shall
4		be paid in equal quarterly installments with the payment of the
5		installment for the first quarter being made not later than
6		July 1, unless the charter establishes a different payment
7		schedule. However, if a charter school dismisses a pupil from
8		the charter school after receiving a quarterly payment, the
9		charter school shall return to the school district, on a
10		quarterly basis, the prorated portion of public funding
11		provided for the education of that pupil for the time the
12		student is not enrolled at the charter school. Likewise, if a
13		pupil transfers to a charter school between quarterly payments,
14		the school district shall provide, on a quarterly basis, a
15		prorated portion of the public funding to the charter school to
16		provide for the education of that pupil.
17		All services centrally or otherwise provided by the school
18		district including, but not limited to, rent, food services,
19		custodial services, maintenance, curriculum, media services,
20		libraries, transportation, and warehousing shall be subject to
21		negotiation between a charter school and the local school board
22		and paid for out of the revenues negotiated pursuant to this
23		subsection (b); provided that the local school board shall not
24		attempt, by negotiation or otherwise, to obligate a charter
25		school to provide pupil transportation for pupils for whom a
26		district is not required to provide transportation under the

HB4137 Engrossed - 377 - LRB099 07987 AMC 28127 b
1		criteria set forth in subsection (a)(13) of Section 27A-7.
2		In no event shall the funding be less than 75% or more than
3		125% of the school district's per capita student tuition
4		multiplied by the number of students residing in the district
5		who are enrolled in the charter school.
6		It is the intent of the General Assembly that funding and
7		service agreements under this subsection (b) shall be neither a
8		financial incentive nor a financial disincentive to the
9		establishment of a charter school.
10		The charter school may set and collect reasonable fees.
11		Fees collected from students enrolled at a charter school shall
12		be retained by the charter school.
13		(c) Notwithstanding subsection (b) of this Section, the
14		proportionate share of State and federal resources generated by
15		students with disabilities or staff serving them shall be
16		directed to charter schools enrolling those students by their
17		school districts or administrative units. The proportionate
18		share of moneys generated under other federal or State
19		categorical aid programs shall be directed to charter schools
20		serving students eligible for that aid.
21		(d) The governing body of a charter school is authorized to
22		accept gifts, donations, or grants of any kind made to the
23		charter school and to expend or use gifts, donations, or grants
24		in accordance with the conditions prescribed by the donor;
25		however, a gift, donation, or grant may not be accepted by the
26		governing body if it is subject to any condition contrary to

HB4137 Engrossed - 378 - LRB099 07987 AMC 28127 b
1		applicable law or contrary to the terms of the contract between
2		the charter school and the local school board. Charter schools
3		shall be encouraged to solicit and utilize community volunteer
4		speakers and other instructional resources when providing
5		instruction on the Holocaust and other historical events.
6		(e) (Blank).
7		(f) The Commission shall provide technical assistance to
8		persons and groups preparing or revising charter applications.
9		(g) At the non-renewal or revocation of its charter, each
10		charter school shall refund to the local board of education all
11		unspent funds.
12		(h) A charter school is authorized to incur temporary,
13		short term debt to pay operating expenses in anticipation of
14		receipt of funds from the local school board.
15		(Source: P.A. 98-640, eff. 6-9-14; 98-739, eff. 7-16-14;
16		revised 10-1-14.)
17		(105 ILCS 5/30-14.2) (from Ch. 122, par. 30-14.2)
18		Sec. 30-14.2. MIA/POW scholarships.
19		(a) Any spouse, natural child, legally adopted child, or
20		any step-child of an eligible veteran or serviceperson who
21		possesses all necessary entrance requirements shall, upon
22		application and proper proof, be awarded a MIA/POW Scholarship
23		consisting of the equivalent of 4 calendar years of full-time
24		enrollment including summer terms, to the state supported
25		Illinois institution of higher learning of his choice, subject

HB4137 Engrossed - 379 - LRB099 07987 AMC 28127 b
1		to the restrictions listed below.
2		"Eligible veteran or serviceperson" means any veteran or
3		serviceperson, including an Illinois National Guard member who
4		is on active duty or is active on a training assignment, who
5		has been declared by the U.S. Department of Defense or the U.S.
6		Department of Veterans' Affairs to be a prisoner of war, be
7		missing in action, have died as the result of a
8		service-connected disability or be permanently disabled from
9		service-connected causes with 100% disability and who (i) at
10		the time of entering service was an Illinois resident, (ii) was
11		an Illinois resident within 6 months after entering such
12		service, or (iii) until July 1, 2014, became an Illinois
13		resident within 6 months after leaving the service and can
14		establish at least 30 years of continuous residency in the
15		State of Illinois.
16		Full-time enrollment means 12 or more semester hours of
17		courses per semester, or 12 or more quarter hours of courses
18		per quarter, or the equivalent thereof per term. Scholarships
19		utilized by dependents enrolled in less than full-time study
20		shall be computed in the proportion which the number of hours
21		so carried bears to full-time enrollment.
22		Scholarships awarded under this Section may be used by a
23		spouse or child without regard to his or her age. The holder of
24		a Scholarship awarded under this Section shall be subject to
25		all examinations and academic standards, including the
26		maintenance of minimum grade levels, that are applicable

HB4137 Engrossed - 380 - LRB099 07987 AMC 28127 b
1		generally to other enrolled students at the Illinois
2		institution of higher learning where the Scholarship is being
3		used. If the surviving spouse remarries or if there is a
4		divorce between the veteran or serviceperson and his or her
5		spouse while the dependent is pursuing his or her course of
6		study, Scholarship benefits will be terminated at the end of
7		the term for which he or she is presently enrolled. Such
8		dependents shall also be entitled, upon proper proof and
9		application, to enroll in any extension course offered by a
10		State supported Illinois institution of higher learning
11		without payment of tuition and approved fees.
12		The holder of a MIA/POW Scholarship authorized under this
13		Section shall not be required to pay any matriculation or
14		application fees, tuition, activities fees, graduation fees or
15		other fees, except multipurpose building fees or similar fees
16		for supplies and materials.
17		Any dependent who has been or shall be awarded a MIA/POW
18		Scholarship shall be reimbursed by the appropriate institution
19		of higher learning for any fees which he or she has paid and
20		for which exemption is granted under this Section if
21		application for reimbursement is made within 2 months following
22		the end of the school term for which the fees were paid.
23		(b) In lieu of the benefit provided in subsection (a), any
24		spouse, natural child, legally adopted child, or step-child of
25		an eligible veteran or serviceperson, which spouse or child has
26		a physical, mental or developmental disability, shall be

HB4137 Engrossed - 381 - LRB099 07987 AMC 28127 b
1		entitled to receive, upon application and proper proof, a
2		benefit to be used for the purpose of defraying the cost of the
3		attendance or treatment of such spouse or child at one or more
4		appropriate therapeutic, rehabilitative or educational
5		facilities. The application and proof may be made by the parent
6		or legal guardian of the spouse or child on his or her behalf.
7		The total benefit provided to any beneficiary under this
8		subsection shall not exceed the cost equivalent of 4 calendar
9		years of full-time enrollment, including summer terms, at the
10		University of Illinois. Whenever practicable in the opinion of
11		the Department of Veterans' Affairs, payment of benefits under
12		this subsection shall be made directly to the facility, the
13		cost of attendance or treatment at which is being defrayed, as
14		such costs accrue.
15		(c) The benefits of this Section shall be administered by
16		and paid for out of funds made available to the Illinois
17		Department of Veterans' Affairs. The amounts that become due to
18		any state supported Illinois institution of higher learning
19		shall be payable by the Comptroller to such institution on
20		vouchers approved by the Illinois Department of Veterans'
21		Affairs. The amounts that become due under subsection (b) of
22		this Section shall be payable by warrant upon vouchers issued
23		by the Illinois Department of Veterans' Affairs and approved by
24		the Comptroller. The Illinois Department of Veterans' Affairs
25		shall determine the eligibility of the persons who make
26		application for the benefits provided for in this Section.

HB4137 Engrossed - 382 - LRB099 07987 AMC 28127 b
1		(Source: P.A. 96-1415, eff. 7-30-10; revised 12-1-14.)
2		(105 ILCS 5/34-85) (from Ch. 122, par. 34-85)
3		Sec. 34-85. Removal for cause; Notice and hearing;
4		Suspension.
5		(a) No teacher employed by the board of education shall
6		(after serving the probationary period specified in Section
7		34-84) be removed except for cause. Teachers (who have
8		completed the probationary period specified in Section 34-84 of
9		this Code) shall be removed for cause in accordance with the
10		procedures set forth in this Section or, at the board's option,
11		the procedures set forth in Section 24-16.5 of this Code or
12		such other procedures established in an agreement entered into
13		between the board and the exclusive representative of the
14		district's teachers under Section 34-85c of this Code for
15		teachers (who have completed the probationary period specified
16		in Section 34-84 of this Code) assigned to schools identified
17		in that agreement. No principal employed by the board of
18		education shall be removed during the term of his or her
19		performance contract except for cause, which may include but is
20		not limited to the principal's repeated failure to implement
21		the school improvement plan or to comply with the provisions of
22		the Uniform Performance Contract, including additional
23		criteria established by the Council for inclusion in the
24		performance contract pursuant to Section 34-2.3.
25		Before service of notice of charges on account of causes

HB4137 Engrossed - 383 - LRB099 07987 AMC 28127 b
1		that may be deemed to be remediable, the teacher or principal
2		must be given reasonable warning in writing, stating
3		specifically the causes that, if not removed, may result in
4		charges; however, no such written warning is required if the
5		causes have been the subject of a remediation plan pursuant to
6		Article 24A of this Code or if the board and the exclusive
7		representative of the district's teachers have entered into an
8		agreement pursuant to Section 34-85c of this Code, pursuant to
9		an alternative system of remediation. No written warning shall
10		be required for conduct on the part of a teacher or principal
11		that is cruel, immoral, negligent, or criminal or that in any
12		way causes psychological or physical harm or injury to a
13		student, as that conduct is deemed to be irremediable. No
14		written warning shall be required for a material breach of the
15		uniform principal performance contract, as that conduct is
16		deemed to be irremediable; provided that not less than 30 days
17		before the vote of the local school council to seek the
18		dismissal of a principal for a material breach of a uniform
19		principal performance contract, the local school council shall
20		specify the nature of the alleged breach in writing and provide
21		a copy of it to the principal.
22		(1) To initiate dismissal proceedings against a
23		teacher or principal, the general superintendent must
24		first approve written charges and specifications against
25		the teacher or principal. A local school council may direct
26		the general superintendent to approve written charges

HB4137 Engrossed - 384 - LRB099 07987 AMC 28127 b
1		against its principal on behalf of the Council upon the
2		vote of 7 members of the Council. The general
3		superintendent must approve those charges within 45
4		calendar days or provide a written reason for not approving
5		those charges. A written notice of those charges, including
6		specifications, shall be served upon the teacher or
7		principal within 10 business days of the approval of the
8		charges. Any written notice sent on or after July 1, 2012
9		shall also inform the teacher or principal of the right to
10		request a hearing before a mutually selected hearing
11		officer, with the cost of the hearing officer split equally
12		between the teacher or principal and the board, or a
13		hearing before a qualified hearing officer chosen by the
14		general superintendent, with the cost of the hearing
15		officer paid by the board. If the teacher or principal
16		cannot be found upon diligent inquiry, such charges may be
17		served upon him by mailing a copy thereof in a sealed
18		envelope by prepaid certified mail, return receipt
19		requested, to the teacher's or principal's last known
20		address. A return receipt showing delivery to such address
21		within 20 calendar days after the date of the approval of
22		the charges shall constitute proof of service.
23		(2) No hearing upon the charges is required unless the
24		teacher or principal within 17 calendar days after
25		receiving notice requests in writing of the general
26		superintendent that a hearing be scheduled. Pending the

HB4137 Engrossed - 385 - LRB099 07987 AMC 28127 b
1		hearing of the charges, the general superintendent or his
2		or her designee may suspend the teacher or principal
3		charged without pay in accordance with rules prescribed by
4		the board, provided that if the teacher or principal
5		charged is not dismissed based on the charges, he or she
6		must be made whole for lost earnings, less setoffs for
7		mitigation.
8		(3) The board shall maintain a list of at least 9
9		qualified hearing officers who will conduct hearings on
10		charges and specifications. The list must be developed in
11		good faith consultation with the exclusive representative
12		of the board's teachers and professional associations that
13		represent the board's principals. The list may be revised
14		on July 1st of each year or earlier as needed. To be a
15		qualified hearing officer, the person must (i) be
16		accredited by a national arbitration organization and have
17		had a minimum of 5 years of experience as an arbitrator in
18		cases involving labor and employment relations matters
19		between employers and employees or their exclusive
20		bargaining representatives and (ii) beginning September 1,
21		2012, have participated in training provided or approved by
22		the State Board of Education for teacher dismissal hearing
23		officers so that he or she is familiar with issues
24		generally involved in evaluative and non-evaluative
25		dismissals.
26		(3) Within 5 business days after receiving the notice

HB4137 Engrossed - 386 - LRB099 07987 AMC 28127 b
1		of request for a hearing, the general superintendent and
2		the teacher or principal or their legal representatives
3		shall alternately strike one name from the list until only
4		one name remains. Unless waived by the teacher, the teacher
5		or principal shall have the right to proceed first with the
6		striking. If the teacher or principal fails to participate
7		in the striking process, the general superintendent shall
8		either select the hearing officer from the list developed
9		pursuant to this paragraph (3) or select another qualified
10		hearing officer from the master list maintained by the
11		State Board of Education pursuant to subsection (c) of
12		Section 24-12 of this Code.
13		(4) If the notice of dismissal was sent to the teacher
14		or principal before July 1, 2012, the fees and costs for
15		the hearing officer shall be paid by the State Board of
16		Education. If the notice of dismissal was sent to the
17		teacher or principal on or after July 1, 2012, the hearing
18		officer's fees and costs must be paid as follows in this
19		paragraph (4). The fees and permissible costs for the
20		hearing officer shall be determined by the State Board of
21		Education. If the hearing officer is mutually selected by
22		the parties through alternate striking in accordance with
23		paragraph (3) of this subsection (a), then the board and
24		the teacher or their legal representative shall each pay
25		50% of the fees and costs and any supplemental allowance to
26		which they agree. If the hearing officer is selected by the

HB4137 Engrossed - 387 - LRB099 07987 AMC 28127 b
1		general superintendent without the participation of the
2		teacher or principal, then the board shall pay 100% of the
3		hearing officer fees and costs. The hearing officer shall
4		submit for payment a billing statement to the parties that
5		itemizes the charges and expenses and divides them in
6		accordance with this Section.
7		(5) The teacher or the principal charged is required to
8		answer the charges and specifications and aver affirmative
9		matters in his or her defense, and the time for doing so
10		must be set by the hearing officer. The State Board of
11		Education shall adopt rules so that each party has a fair
12		opportunity to present its case and to ensure that the
13		dismissal proceeding is concluded in an expeditious
14		manner. The rules shall address, without limitation, the
15		teacher or principal's answer and affirmative defenses to
16		the charges and specifications; a requirement that each
17		party make mandatory disclosures without request to the
18		other party and then update the disclosure no later than 10
19		calendar days prior to the commencement of the hearing,
20		including a list of the names and addresses of persons who
21		may be called as witnesses at the hearing, a summary of the
22		facts or opinions each witness will testify to, and all
23		other documents and materials, including information
24		maintained electronically, relevant to its own as well as
25		the other party's case (the hearing officer may exclude
26		witnesses and exhibits not identified and shared, except

HB4137 Engrossed - 388 - LRB099 07987 AMC 28127 b
1		those offered in rebuttal for which the party could not
2		reasonably have anticipated prior to the hearing);
3		pre-hearing discovery and preparation, including provision
4		for written interrogatories and requests for production of
5		documents, provided that discovery depositions are
6		prohibited; the conduct of the hearing; the right of each
7		party to be represented by counsel, the offer of evidence
8		and witnesses and the cross-examination of witnesses; the
9		authority of the hearing officer to issue subpoenas and
10		subpoenas duces tecum, provided that the hearing officer
11		may limit the number of witnesses to be subpoenaed in
12		behalf of each party to no more than 7; the length of
13		post-hearing briefs; and the form, length, and content of
14		hearing officers' reports and recommendations to the
15		general superintendent.
16		The hearing officer shall commence the hearing within
17		75 calendar days and conclude the hearing within 120
18		calendar days after being selected by the parties as the
19		hearing officer, provided that these timelines may be
20		modified upon the showing of good cause or mutual agreement
21		of the parties. Good cause for the purposes of this
22		paragraph (5) shall mean the illness or otherwise
23		unavoidable emergency of the teacher, district
24		representative, their legal representatives, the hearing
25		officer, or an essential witness as indicated in each
26		party's pre-hearing submission. In a dismissal hearing,

HB4137 Engrossed - 389 - LRB099 07987 AMC 28127 b
1		the hearing officer shall consider and give weight to all
2		of the teacher's evaluations written pursuant to Article
3		24A that are relevant to the issues in the hearing. The
4		teacher or principal has the privilege of being present at
5		the hearing with counsel and of cross-examining witnesses
6		and may offer evidence and witnesses and present defenses
7		to the charges. Each party shall have no more than 3 days
8		to present its case, unless extended by the hearing officer
9		to enable a party to present adequate evidence and
10		testimony, including due to the other party's
11		cross-examination of the party's witnesses, for good cause
12		or by mutual agreement of the parties. The State Board of
13		Education shall define in rules the meaning of "day" for
14		such purposes. All testimony at the hearing shall be taken
15		under oath administered by the hearing officer. The hearing
16		officer shall cause a record of the proceedings to be kept
17		and shall employ a competent reporter to take stenographic
18		or stenotype notes of all the testimony. The costs of the
19		reporter's attendance and services at the hearing shall be
20		paid by the party or parties who are paying the fees and
21		costs of the hearing officer. Either party desiring a
22		transcript of the hearing shall pay for the cost thereof.
23		At the close of the hearing, the hearing officer shall
24		direct the parties to submit post-hearing briefs no later
25		than 21 calendar days after receipt of the transcript.
26		Either or both parties may waive submission of briefs.

HB4137 Engrossed - 390 - LRB099 07987 AMC 28127 b
1		(6) The hearing officer shall within 30 calendar days
2		from the conclusion of the hearing report to the general
3		superintendent findings of fact and a recommendation as to
4		whether or not the teacher or principal shall be dismissed
5		and shall give a copy of the report to both the teacher or
6		principal and the general superintendent. The State Board
7		of Education shall provide by rule the form of the hearing
8		officer's report and recommendation.
9		(7) The board, within 45 days of receipt of the hearing
10		officer's findings of fact and recommendation, shall make a
11		decision as to whether the teacher or principal shall be
12		dismissed from its employ. The failure of the board to
13		strictly adhere to the timeliness contained herein shall
14		not render it without jurisdiction to dismiss the teacher
15		or principal. In the event that the board declines to
16		dismiss the teacher or principal after review of a hearing
17		officer's recommendation, the board shall set the amount of
18		back pay and benefits to award the teacher or principal,
19		which shall include offsets for interim earnings and
20		failure to mitigate losses. The board shall establish
21		procedures for the teacher's or principal's submission of
22		evidence to it regarding lost earnings, lost benefits,
23		mitigation, and offsets. The decision of the board is final
24		unless reviewed in accordance with paragraph (8) of this
25		subsection (a).
26		(8) The teacher may seek judicial review of the board's

HB4137 Engrossed - 391 - LRB099 07987 AMC 28127 b
1		decision in accordance with the Administrative Review Law,
2		which is specifically incorporated in this Section, except
3		that the review must be initiated in the Illinois Appellate
4		Court for the First District. In the event judicial review
5		is instituted, any costs of preparing and filing the record
6		of proceedings shall be paid by the party instituting the
7		review. In the event the appellate court reverses a board
8		decision to dismiss a teacher or principal and directs the
9		board to pay the teacher or the principal back pay and
10		benefits, the appellate court shall remand the matter to
11		the board to issue an administrative decision as to the
12		amount of back pay and benefits, which shall include a
13		calculation of the lost earnings, lost benefits,
14		mitigation, and offsets based on evidence submitted to the
15		board in accordance with procedures established by the
16		board.
17		(b) Nothing in this Section affects the validity of removal
18		for cause hearings commenced prior to June 13, 2011 (the
19		effective date of Public Act 97-8) this amendatory Act of the
20		97th General Assembly.
21		The changes made by Public Act 97-8 this amendatory Act of
22		the 97th General Assembly shall apply to dismissals instituted
23		on or after September 1, 2011 or the effective date of Public
24		Act 97-8 this amendatory Act of the 97th General Assembly,
25		whichever is later. Any dismissal instituted prior to the
26		effective date of these changes must be carried out in

HB4137 Engrossed - 392 - LRB099 07987 AMC 28127 b
1		accordance with the requirements of this Section prior to
2		amendment by Public Act 97-8 this amendatory Act of 97th
3		General Assembly.
4		(Source: P.A. 97-8, eff. 6-13-11; revised 12-1-14.)
5		Section 195. The Illinois School Student Records Act is
6		amended by changing Section 6 as follows:
7		(105 ILCS 10/6) (from Ch. 122, par. 50-6)
8		Sec. 6. (a) No school student records or information
9		contained therein may be released, transferred, disclosed or
10		otherwise disseminated, except as follows:
11		(1) to To a parent or student or person specifically
12		designated as a representative by a parent, as provided in
13		paragraph (a) of Section 5;
14		(2) to To an employee or official of the school or
15		school district or State Board with current demonstrable
16		educational or administrative interest in the student, in
17		furtherance of such interest;
18		(3) to To the official records custodian of another
19		school within Illinois or an official with similar
20		responsibilities of a school outside Illinois, in which the
21		student has enrolled, or intends to enroll, upon the
22		request of such official or student;
23		(4) to To any person for the purpose of research,
24		statistical reporting, or planning, provided that such

HB4137 Engrossed - 393 - LRB099 07987 AMC 28127 b
1		research, statistical reporting, or planning is
2		permissible under and undertaken in accordance with the
3		federal Family Educational Rights and Privacy Act (20
4		U.S.C. 1232g);
5		(5) pursuant Pursuant to a court order, provided that
6		the parent shall be given prompt written notice upon
7		receipt of such order of the terms of the order, the nature
8		and substance of the information proposed to be released in
9		compliance with such order and an opportunity to inspect
10		and copy the school student records and to challenge their
11		contents pursuant to Section 7;
12		(6) to To any person as specifically required by State
13		or federal law;
14		(6.5) to To juvenile authorities when necessary for the
15		discharge of their official duties who request information
16		prior to adjudication of the student and who certify in
17		writing that the information will not be disclosed to any
18		other party except as provided under law or order of court.
19		For purposes of this Section "juvenile authorities" means:
20		(i) a judge of the circuit court and members of the staff
21		of the court designated by the judge; (ii) parties to the
22		proceedings under the Juvenile Court Act of 1987 and their
23		attorneys; (iii) probation officers and court appointed
24		advocates for the juvenile authorized by the judge hearing
25		the case; (iv) any individual, public or private agency
26		having custody of the child pursuant to court order; (v)

HB4137 Engrossed - 394 - LRB099 07987 AMC 28127 b
1		any individual, public or private agency providing
2		education, medical or mental health service to the child
3		when the requested information is needed to determine the
4		appropriate service or treatment for the minor; (vi) any
5		potential placement provider when such release is
6		authorized by the court for the limited purpose of
7		determining the appropriateness of the potential
8		placement; (vii) law enforcement officers and prosecutors;
9		(viii) adult and juvenile prisoner review boards; (ix)
10		authorized military personnel; (x) individuals authorized
11		by court;
12		(7) subject Subject to regulations of the State Board,
13		in connection with an emergency, to appropriate persons if
14		the knowledge of such information is necessary to protect
15		the health or safety of the student or other persons;
16		(8) to To any person, with the prior specific dated
17		written consent of the parent designating the person to
18		whom the records may be released, provided that at the time
19		any such consent is requested or obtained, the parent shall
20		be advised in writing that he has the right to inspect and
21		copy such records in accordance with Section 5, to
22		challenge their contents in accordance with Section 7 and
23		to limit any such consent to designated records or
24		designated portions of the information contained therein;
25		(9) to To a governmental agency, or social service
26		agency contracted by a governmental agency, in furtherance

HB4137 Engrossed - 395 - LRB099 07987 AMC 28127 b
1		of an investigation of a student's school attendance
2		pursuant to the compulsory student attendance laws of this
3		State, provided that the records are released to the
4		employee or agent designated by the agency;
5		(10) to To those SHOCAP committee members who fall
6		within the meaning of "state and local officials and
7		authorities", as those terms are used within the meaning of
8		the federal Family Educational Rights and Privacy Act, for
9		the purposes of identifying serious habitual juvenile
10		offenders and matching those offenders with community
11		resources pursuant to Section 5-145 of the Juvenile Court
12		Act of 1987, but only to the extent that the release,
13		transfer, disclosure, or dissemination is consistent with
14		the Family Educational Rights and Privacy Act;
15		(11) to To the Department of Healthcare and Family
16		Services in furtherance of the requirements of Section
17		2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or
18		Section 10 of the School Breakfast and Lunch Program Act;
19		or
20		(12) to To the State Board or another State government
21		agency or between or among State government agencies in
22		order to evaluate or audit federal and State programs or
23		perform research and planning, but only to the extent that
24		the release, transfer, disclosure, or dissemination is
25		consistent with the federal Family Educational Rights and
26		Privacy Act (20 U.S.C. 1232g).

HB4137 Engrossed - 396 - LRB099 07987 AMC 28127 b
1		(b) No information may be released pursuant to subparagraph
2		subparagraphs (3) or (6) of paragraph (a) of this Section 6
3		unless the parent receives prior written notice of the nature
4		and substance of the information proposed to be released, and
5		an opportunity to inspect and copy such records in accordance
6		with Section 5 and to challenge their contents in accordance
7		with Section 7. Provided, however, that such notice shall be
8		sufficient if published in a local newspaper of general
9		circulation or other publication directed generally to the
10		parents involved where the proposed release of information is
11		pursuant to subparagraph (6) 6 of paragraph (a) of in this
12		Section 6 and relates to more than 25 students.
13		(c) A record of any release of information pursuant to this
14		Section must be made and kept as a part of the school student
15		record and subject to the access granted by Section 5. Such
16		record of release shall be maintained for the life of the
17		school student records and shall be available only to the
18		parent and the official records custodian. Each record of
19		release shall also include:
20		(1) the The nature and substance of the information
21		released;
22		(2) the The name and signature of the official records
23		custodian releasing such information;
24		(3) the The name of the person requesting such
25		information, the capacity in which such a request has been
26		made, and the purpose of such request;

HB4137 Engrossed - 397 - LRB099 07987 AMC 28127 b
1		(4) the The date of the release; and
2		(5) a A copy of any consent to such release.
3		(d) Except for the student and his parents, no person to
4		whom information is released pursuant to this Section and no
5		person specifically designated as a representative by a parent
6		may permit any other person to have access to such information
7		without a prior consent of the parent obtained in accordance
8		with the requirements of subparagraph (8) of paragraph (a) of
9		this Section.
10		(e) Nothing contained in this Act shall prohibit the
11		publication of student directories which list student names,
12		addresses and other identifying information and similar
13		publications which comply with regulations issued by the State
14		Board.
15		(Source: P.A. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09;
16		96-107, eff. 7-30-09; 96-1000, eff. 7-2-10; revised 11-26-14.)
17		Section 200. The Critical Health Problems and
18		Comprehensive Health Education Act is amended by changing
19		Section 2 as follows:
20		(105 ILCS 110/2) (from Ch. 122, par. 862)
21		Sec. 2. Definitions. The following term has terms shall
22		have the following meaning meanings respectively prescribed
23		for them, except as the context otherwise requires:
24		(a) "Comprehensive Health Education Program": a systematic

HB4137 Engrossed - 398 - LRB099 07987 AMC 28127 b
1		and extensive educational program designed to provide a variety
2		of learning experiences based upon scientific knowledge of the
3		human organism as it functions within its environment which
4		will favorably influence the knowledge, attitudes, values and
5		practices of Illinois school youth; and which will aid them in
6		making wise personal decisions in matters of health.
7		(Source: P.A. 77-1405; revised 11-26-14.)
8		Section 205. The School Safety Drill Act is amended by
9		changing Section 25 as follows:
10		(105 ILCS 128/25)
11		Sec. 25. Annual review.
12		(a) Each public school district, through its school board
13		or the board's designee, shall conduct a minimum of one annual
14		meeting at which it will review each school building's
15		emergency and crisis response plans, protocols, and procedures
16		and each building's compliance with the school safety drill
17		programs. The purpose of this annual review shall be to review
18		and update the emergency and crisis response plans, protocols,
19		and procedures and the school safety drill programs of the
20		district and each of its school buildings. This review must be
21		at no cost to the school district. In updating a school
22		building's emergency and crisis response plans, consideration
23		may be given to making the emergency and crisis response plans
24		available to first responders, administrators, and teachers

HB4137 Engrossed - 399 - LRB099 07987 AMC 28127 b
1		for implementation and utilization through the use of
2		electronic applications on electronic devices, including, but
3		not limited to, smartphones, tablets, and laptop computers.
4		(b) Each school board or the board's designee is required
5		to participate in the annual review and to invite each of the
6		following parties to the annual review and provide each party
7		with a minimum of 30 days' 30-days' notice before the date of
8		the annual review:
9		(1) The principal of each school within the school
10		district or his or her official designee.
11		(2) Representatives from any other education-related
12		organization or association deemed appropriate by the
13		school district.
14		(3) Representatives from all local first responder
15		organizations to participate, advise, and consult in the
16		review process, including, but not limited to:
17		(A) the appropriate local fire department or
18		district;
19		(B) the appropriate local law enforcement agency;
20		(C) the appropriate local emergency medical
21		services agency if the agency is a separate, local
22		first responder unit; and
23		(D) any other member of the first responder or
24		emergency management community that has contacted the
25		district superintendent or his or her designee during
26		the past year to request involvement in a school's

HB4137 Engrossed - 400 - LRB099 07987 AMC 28127 b
1		emergency planning or drill process.
2		(4) The school board or its designee may also choose to
3		invite to the annual review any other persons whom it
4		believes will aid in the review process, including, but not
5		limited to, any members of any other education-related
6		organization or the first responder or emergency
7		management community.
8		(c) Upon the conclusion of the annual review, the school
9		board or the board's designee shall sign a one page report,
10		which may be in either a check-off format or a narrative
11		format, that does the following:
12		(1) summarizes the review's recommended changes to the
13		existing school safety plans and drill plans;
14		(2) lists the parties that participated in the annual
15		review, and includes the annual review's attendance
16		record;
17		(3) certifies that an effective review of the emergency
18		and crisis response plans, protocols, and procedures and
19		the school safety drill programs of the district and each
20		of its school buildings has occurred;
21		(4) states that the school district will implement
22		those plans, protocols, procedures, and programs, during
23		the academic year; and
24		(5) includes the authorization of the school board or
25		the board's designee.
26		(d) The school board or its designee shall send a copy of

HB4137 Engrossed - 401 - LRB099 07987 AMC 28127 b
1		the report to each party that participates in the annual review
2		process and to the appropriate regional superintendent of
3		schools. If any of the participating parties have comments on
4		the certification document, those parties shall submit their
5		comments in writing to the appropriate regional
6		superintendent. The regional superintendent shall maintain a
7		record of these comments. The certification document may be in
8		a check-off format or narrative format, at the discretion of
9		the district superintendent.
10		(e) The review must occur at least once during the fiscal
11		year, at a specific time chosen at the school district
12		superintendent's discretion.
13		(f) A private school shall conduct a minimum of one annual
14		meeting at which the school must review each school building's
15		emergency and crisis response plans, protocols, and procedures
16		and each building's compliance with the school safety drill
17		programs of the school. The purpose of this annual review shall
18		be to review and update the emergency and crisis response
19		plans, protocols, and procedures and the school safety drill
20		programs of the school. This review must be at no cost to the
21		private school.
22		The private school shall invite representatives from all
23		local first responder organizations to participate, advise,
24		and consult in the review process, including, but not limited
25		to, the following:
26		(1) the appropriate local fire department or fire

HB4137 Engrossed - 402 - LRB099 07987 AMC 28127 b
1		protection district;
2		(2) the appropriate local law enforcement agency;
3		(3) the appropriate local emergency medical services
4		agency if the agency is a separate, local first responder
5		unit; and
6		(4) any other member of the first responder or
7		emergency management community that has contacted the
8		school's chief administrative officer or his or her
9		designee during the past year to request involvement in the
10		school's emergency planning or drill process.
11		(Source: P.A. 98-661, eff. 1-1-15; 98-663, eff. 6-23-14;
12		revised 7-15-14.)
13		Section 210. The Illinois Credit Union Act is amended by
14		changing Sections 46 and 57.1 as follows:
15		(205 ILCS 305/46) (from Ch. 17, par. 4447)
16		Sec. 46. Loans and interest rate.
17		(1) A credit union may make loans to its members for such
18		purpose and upon such security and terms, including rates of
19		interest, as the credit committee, credit manager, or loan
20		officer approves. Notwithstanding the provisions of any other
21		law in connection with extensions of credit, a credit union may
22		elect to contract for and receive interest and fees and other
23		charges for extensions of credit subject only to the provisions
24		of this Act and rules promulgated under this Act, except that

HB4137 Engrossed - 403 - LRB099 07987 AMC 28127 b
1		extensions of credit secured by residential real estate shall
2		be subject to the laws applicable thereto. The rates of
3		interest to be charged on loans to members shall be set by the
4		board of directors of each individual credit union in
5		accordance with Section 30 of this Act and such rates may be
6		less than, but may not exceed, the maximum rate set forth in
7		this Section. A borrower may repay his loan prior to maturity,
8		in whole or in part, without penalty. The credit contract may
9		provide for the payment by the member and receipt by the credit
10		union of all costs and disbursements, including reasonable
11		attorney's fees and collection agency charges, incurred by the
12		credit union to collect or enforce the debt in the event of a
13		delinquency by the member, or in the event of a breach of any
14		obligation of the member under the credit contract. A
15		contingency or hourly arrangement established under an
16		agreement entered into by a credit union with an attorney or
17		collection agency to collect a loan of a member in default
18		shall be presumed prima facie reasonable.
19		(2) Credit unions may make loans based upon the security of
20		any interest or equity in real estate, subject to rules and
21		regulations promulgated by the Secretary. In any contract or
22		loan which is secured by a mortgage, deed of trust, or
23		conveyance in the nature of a mortgage, on residential real
24		estate, the interest which is computed, calculated, charged, or
25		collected pursuant to such contract or loan, or pursuant to any
26		regulation or rule promulgated pursuant to this Act, may not be

HB4137 Engrossed - 404 - LRB099 07987 AMC 28127 b
1		computed, calculated, charged or collected for any period of
2		time occurring after the date on which the total indebtedness,
3		with the exception of late payment penalties, is paid in full.
4		For purposes of this subsection (2) of this Section 46, a
5		prepayment shall mean the payment of the total indebtedness,
6		with the exception of late payment penalties if incurred or
7		charged, on any date before the date specified in the contract
8		or loan agreement on which the total indebtedness shall be paid
9		in full, or before the date on which all payments, if timely
10		made, shall have been made. In the event of a prepayment of the
11		indebtedness which is made on a date after the date on which
12		interest on the indebtedness was last computed, calculated,
13		charged, or collected but before the next date on which
14		interest on the indebtedness was to be calculated, computed,
15		charged, or collected, the lender may calculate, charge and
16		collect interest on the indebtedness for the period which
17		elapsed between the date on which the prepayment is made and
18		the date on which interest on the indebtedness was last
19		computed, calculated, charged or collected at a rate equal to
20		1/360 of the annual rate for each day which so elapsed, which
21		rate shall be applied to the indebtedness outstanding as of the
22		date of prepayment. The lender shall refund to the borrower any
23		interest charged or collected which exceeds that which the
24		lender may charge or collect pursuant to the preceding
25		sentence. The provisions of this amendatory Act of 1985 shall
26		apply only to contracts or loans entered into on or after the

HB4137 Engrossed - 405 - LRB099 07987 AMC 28127 b
1		effective date of this amendatory Act.
2		(3) Notwithstanding any other provision of this Act, a
3		credit union authorized under this Act to make loans secured by
4		an interest or equity in real estate may engage in making
5		"reverse mortgage" loans to persons for the purpose of making
6		home improvements or repairs, paying insurance premiums or
7		paying real estate taxes on the homestead properties of such
8		persons. If made, such loans shall be made on such terms and
9		conditions as the credit union shall determine and as shall be
10		consistent with the provisions of this Section and such rules
11		and regulations as the Secretary shall promulgate hereunder.
12		For purposes of this Section, a "reverse mortgage" loan shall
13		be a loan extended on the basis of existing equity in homestead
14		property and secured by a mortgage on such property. Such loans
15		shall be repaid upon the sale of the property or upon the death
16		of the owner or, if the property is in joint tenancy, upon the
17		death of the last surviving joint tenant who had such an
18		interest in the property at the time the loan was initiated,
19		provided, however, that the credit union and its member may by
20		mutual agreement, establish other repayment terms. A credit
21		union, in making a "reverse mortgage" loan, may add deferred
22		interest to principal or otherwise provide for the charging of
23		interest or premiums on such deferred interest. "Homestead"
24		property, for purposes of this Section, means the domicile and
25		contiguous real estate owned and occupied by the mortgagor.
26		(4) Notwithstanding any other provisions of this Act, a

HB4137 Engrossed - 406 - LRB099 07987 AMC 28127 b
1		credit union authorized under this Act to make loans secured by
2		an interest or equity in real property may engage in making
3		revolving credit loans secured by mortgages or deeds of trust
4		on such real property or by security assignments of beneficial
5		interests in land trusts.
6		For purposes of this Section, "revolving credit" has the
7		meaning defined in Section 4.1 of the Interest Act.
8		Any mortgage or deed of trust given to secure a revolving
9		credit loan may, and when so expressed therein shall, secure
10		not only the existing indebtedness but also such future
11		advances, whether such advances are obligatory or to be made at
12		the option of the lender, or otherwise, as are made within
13		twenty years from the date thereof, to the same extent as if
14		such future advances were made on the date of the execution of
15		such mortgage or deed of trust, although there may be no
16		advance made at the time of execution of such mortgage or other
17		instrument, and although there may be no indebtedness
18		outstanding at the time any advance is made. The lien of such
19		mortgage or deed of trust, as to third persons without actual
20		notice thereof, shall be valid as to all such indebtedness and
21		future advances form the time said mortgage or deed of trust is
22		filed for record in the office of the recorder of deeds or the
23		registrar of titles of the county where the real property
24		described therein is located. The total amount of indebtedness
25		that may be so secured may increase or decrease from time to
26		time, but the total unpaid balance so secured at any one time

HB4137 Engrossed - 407 - LRB099 07987 AMC 28127 b
1		shall not exceed a maximum principal amount which must be
2		specified in such mortgage or deed of trust, plus interest
3		thereon, and any disbursements made for the payment of taxes,
4		special assessments, or insurance on said real property, with
5		interest on such disbursements.
6		Any such mortgage or deed of trust shall be valid and have
7		priority over all subsequent liens and encumbrances, including
8		statutory liens, except taxes and assessments levied on said
9		real property.
10		(4-5) For purposes of this Section, "real estate" and "real
11		property" include a manufactured home as defined in subdivision
12		(53) of Section 9-102 of the Uniform Commercial Code which is
13		real property as defined in Section 5-35 of the Conveyance and
14		Encumbrance of Manufactured Homes as Real Property and
15		Severance Act.
16		(5) Compliance with federal or Illinois preemptive laws or
17		regulations governing loans made by a credit union chartered
18		under this Act shall constitute compliance with this Act.
19		(6) Credit unions may make residential real estate mortgage
20		loans on terms and conditions established by the United States
21		Department of Agriculture through its Rural Development
22		Housing and Community Facilities Program. The portion of any
23		loan in excess of the appraised value of the real estate shall
24		be allocable only to the guarantee fee required under the
25		program.
26		(7) For a renewal, refinancing, or restructuring of an

HB4137 Engrossed - 408 - LRB099 07987 AMC 28127 b
1		existing loan that is secured by an interest or equity in real
2		estate, a new appraisal of the collateral shall not be required
3		when the transaction involves an existing extension of credit
4		at the credit union, no new moneys are advanced other than
5		funds necessary to cover reasonable closing costs, and there
6		has been no obvious or material change in market conditions or
7		physical aspects of the real estate that threatens the adequacy
8		of the credit union's real estate collateral protection after
9		the transaction.
10		(Source: P.A. 97-133, eff. 1-1-12; 98-749, eff. 7-16-14;
11		98-784, eff. 7-24-14; revised 10-2-14.)
12		(205 ILCS 305/57.1)
13		Sec. 57.1. Services to other credit unions.
14		(a) A credit union may act as a representative of and enter
15		into an agreement with credit unions or other organizations for
16		the purposes purpose of:
17		(1) sharing, utilizing, renting, leasing, purchasing,
18		selling, and joint ownership of fixed assets or engaging in
19		activities and services that relate to the daily operations
20		of credit unions; and
21		(2) providing correspondent services to other credit
22		unions that the service provider credit union is authorized
23		to perform for its own members or as part of its
24		operations, including, but not limited to, loan
25		processing, loan servicing, member check cashing services,

HB4137 Engrossed - 409 - LRB099 07987 AMC 28127 b
1		disbursing share withdrawals and loan proceeds, cashing
2		and selling money orders, ACH and wire transfer services,
3		coin and currency services, performing internal audits,
4		and automated teller machine deposit services.
5		(Source: P.A. 98-784, eff. 7-24-14; revised 11-26-14.)
6		Section 215. The Residential Mortgage License Act of 1987
7		is amended by changing Section 1-4 as follows:
8		(205 ILCS 635/1-4)
9		Sec. 1-4. Definitions. The following words and phrases have
10		the meanings given to them in this Section:
11		(a) "Residential real property" or "residential real
12		estate" shall mean any real property located in Illinois,
13		upon which is constructed or intended to be constructed a
14		dwelling. Those terms include a manufactured home as
15		defined in subdivision (53) of Section 9-102 of the Uniform
16		Commercial Code which is real property as defined in
17		Section 5-35 of the Conveyance and Encumbrance of
18		Manufactured Homes as Real Property and Severance Act.
19		(b) "Making a residential mortgage loan" or "funding a
20		residential mortgage loan" shall mean for compensation or
21		gain, either directly or indirectly, advancing funds or
22		making a commitment to advance funds to a loan applicant
23		for a residential mortgage loan.
24		(c) "Soliciting, processing, placing, or negotiating a

HB4137 Engrossed - 410 - LRB099 07987 AMC 28127 b
1		residential mortgage loan" shall mean for compensation or
2		gain, either directly or indirectly, accepting or offering
3		to accept an application for a residential mortgage loan,
4		assisting or offering to assist in the processing of an
5		application for a residential mortgage loan on behalf of a
6		borrower, or negotiating or offering to negotiate the terms
7		or conditions of a residential mortgage loan with a lender
8		on behalf of a borrower including, but not limited to, the
9		submission of credit packages for the approval of lenders,
10		the preparation of residential mortgage loan closing
11		documents, including a closing in the name of a broker.
12		(d) "Exempt person or entity" shall mean the following:
13		(1) (i) Any banking organization or foreign
14		banking corporation licensed by the Illinois
15		Commissioner of Banks and Real Estate or the United
16		States Comptroller of the Currency to transact
17		business in this State; (ii) any national bank,
18		federally chartered savings and loan association,
19		federal savings bank, federal credit union; (iii)
20		(blank); (iv) any bank, savings and loan association,
21		savings bank, or credit union organized under the laws
22		of this or any other state; (v) any Illinois Consumer
23		Installment Loan Act licensee; (vi) any insurance
24		company authorized to transact business in this State;
25		(vii) any entity engaged solely in commercial mortgage
26		lending; (viii) any service corporation of a savings

HB4137 Engrossed - 411 - LRB099 07987 AMC 28127 b
1		and loan association or savings bank organized under
2		the laws of this State or the service corporation of a
3		federally chartered savings and loan association or
4		savings bank having its principal place of business in
5		this State, other than a service corporation licensed
6		or entitled to reciprocity under the Real Estate
7		License Act of 2000; or (ix) any first tier subsidiary
8		of a bank, the charter of which is issued under the
9		Illinois Banking Act by the Illinois Commissioner of
10		Banks and Real Estate, or the first tier subsidiary of
11		a bank chartered by the United States Comptroller of
12		the Currency and that has its principal place of
13		business in this State, provided that the first tier
14		subsidiary is regularly examined by the Illinois
15		Commissioner of Banks and Real Estate or the
16		Comptroller of the Currency, or a consumer compliance
17		examination is regularly conducted by the Federal
18		Reserve Board.
19		(1.5) Any employee of a person or entity mentioned
20		in item (1) of this subsection, when acting for such
21		person or entity, or any registered mortgage loan
22		originator when acting for an entity described in
23		subsection (tt) of this Section.
24		(1.8) Any person or entity that does not originate
25		mortgage loans in the ordinary course of business, but
26		makes or acquires residential mortgage loans with his

HB4137 Engrossed - 412 - LRB099 07987 AMC 28127 b
1		or her own funds for his or her or its own investment
2		without intent to make, acquire, or resell more than 3
3		residential mortgage loans in any one calendar year.
4		(2) (Blank).
5		(3) Any person employed by a licensee to assist in
6		the performance of the residential mortgage licensee's
7		activities regulated by this Act who is compensated in
8		any manner by only one licensee.
9		(4) (Blank).
10		(5) Any individual, corporation, partnership, or
11		other entity that originates, services, or brokers
12		residential mortgage loans, as these activities are
13		defined in this Act, and who or which receives no
14		compensation for those activities, subject to the
15		Commissioner's regulations and the federal Secure and
16		Fair Enforcement for Mortgage Licensing Act of 2008 and
17		the rules promulgated under that Act with regard to the
18		nature and amount of compensation.
19		(6) (Blank).
20		(e) "Licensee" or "residential mortgage licensee"
21		shall mean a person, partnership, association,
22		corporation, or any other entity who or which is licensed
23		pursuant to this Act to engage in the activities regulated
24		by this Act.
25		(f) "Mortgage loan" "residential mortgage loan" or
26		"home mortgage loan" shall mean any loan primarily for

HB4137 Engrossed - 413 - LRB099 07987 AMC 28127 b
1		personal, family, or household use that is secured by a
2		mortgage, deed of trust, or other equivalent consensual
3		security interest on a dwelling as defined in Section
4		103(v) of the federal Truth in Lending Act, or residential
5		real estate upon which is constructed or intended to be
6		constructed a dwelling.
7		(g) "Lender" shall mean any person, partnership,
8		association, corporation, or any other entity who either
9		lends or invests money in residential mortgage loans.
10		(h) "Ultimate equitable owner" shall mean a person who,
11		directly or indirectly, owns or controls an ownership
12		interest in a corporation, foreign corporation, alien
13		business organization, trust, or any other form of business
14		organization regardless of whether the person owns or
15		controls the ownership interest through one or more persons
16		or one or more proxies, powers of attorney, nominees,
17		corporations, associations, partnerships, trusts, joint
18		stock companies, or other entities or devices, or any
19		combination thereof.
20		(i) "Residential mortgage financing transaction" shall
21		mean the negotiation, acquisition, sale, or arrangement
22		for or the offer to negotiate, acquire, sell, or arrange
23		for, a residential mortgage loan or residential mortgage
24		loan commitment.
25		(j) "Personal residence address" shall mean a street
26		address and shall not include a post office box number.

HB4137 Engrossed - 414 - LRB099 07987 AMC 28127 b
1		(k) "Residential mortgage loan commitment" shall mean
2		a contract for residential mortgage loan financing.
3		(l) "Party to a residential mortgage financing
4		transaction" shall mean a borrower, lender, or loan broker
5		in a residential mortgage financing transaction.
6		(m) "Payments" shall mean payment of all or any of the
7		following: principal, interest and escrow reserves for
8		taxes, insurance and other related reserves, and
9		reimbursement for lender advances.
10		(n) "Commissioner" shall mean the Commissioner of
11		Banks and Real Estate, except that, beginning on April 6,
12		2009 (the effective date of Public Act 95-1047), all
13		references in this Act to the Commissioner of Banks and
14		Real Estate are deemed, in appropriate contexts, to be
15		references to the Secretary of Financial and Professional
16		Regulation, or his or her designee, including the Director
17		of the Division of Banking of the Department of Financial
18		and Professional Regulation.
19		(n-1) "Director" shall mean the Director of the
20		Division of Banking of the Department of Financial and
21		Professional Regulation, except that, beginning on July
22		31, 2009 (the effective date of Public Act 96-112), all
23		references in this Act to the Director are deemed, in
24		appropriate contexts, to be the Secretary of Financial and
25		Professional Regulation, or his or her designee, including
26		the Director of the Division of Banking of the Department

HB4137 Engrossed - 415 - LRB099 07987 AMC 28127 b
1		of Financial and Professional Regulation.
2		(o) "Loan brokering", "brokering", or "brokerage
3		service" shall mean the act of helping to obtain from
4		another entity, for a borrower, a loan secured by
5		residential real estate situated in Illinois or assisting a
6		borrower in obtaining a loan secured by residential real
7		estate situated in Illinois in return for consideration to
8		be paid by either the borrower or the lender including, but
9		not limited to, contracting for the delivery of residential
10		mortgage loans to a third party lender and soliciting,
11		processing, placing, or negotiating residential mortgage
12		loans.
13		(p) "Loan broker" or "broker" shall mean a person,
14		partnership, association, corporation, or limited
15		liability company, other than those persons, partnerships,
16		associations, corporations, or limited liability companies
17		exempted from licensing pursuant to Section 1-4,
18		subsection (d), of this Act, who performs the activities
19		described in subsections (c), (o), and (yy) of this
20		Section.
21		(q) "Servicing" shall mean the collection or
22		remittance for or the right or obligation to collect or
23		remit for any lender, noteowner, noteholder, or for a
24		licensee's own account, of payments, interests, principal,
25		and trust items such as hazard insurance and taxes on a
26		residential mortgage loan in accordance with the terms of

HB4137 Engrossed - 416 - LRB099 07987 AMC 28127 b
1		the residential mortgage loan; and includes loan payment
2		follow-up, delinquency loan follow-up, loan analysis and
3		any notifications to the borrower that are necessary to
4		enable the borrower to keep the loan current and in good
5		standing. "Servicing" includes management of third-party
6		entities acting on behalf of a residential mortgage
7		licensee for the collection of delinquent payments and the
8		use by such third-party entities of said licensee's
9		servicing records or information, including their use in
10		foreclosure.
11		(r) "Full service office" shall mean an office,
12		provided by the licensee and not subleased from the
13		licensee's employees, and staff in Illinois reasonably
14		adequate to handle efficiently communications, questions,
15		and other matters relating to any application for, or an
16		existing home mortgage secured by residential real estate
17		situated in Illinois with respect to which the licensee is
18		brokering, funding originating, purchasing, or servicing.
19		The management and operation of each full service office
20		must include observance of good business practices such as
21		proper signage; adequate, organized, and accurate books
22		and records; ample phone lines, hours of business, staff
23		training and supervision, and provision for a mechanism to
24		resolve consumer inquiries, complaints, and problems. The
25		Commissioner shall issue regulations with regard to these
26		requirements and shall include an evaluation of compliance

HB4137 Engrossed - 417 - LRB099 07987 AMC 28127 b
1		with this Section in his or her periodic examination of
2		each licensee.
3		(s) "Purchasing" shall mean the purchase of
4		conventional or government-insured mortgage loans secured
5		by residential real estate situated in Illinois from either
6		the lender or from the secondary market.
7		(t) "Borrower" shall mean the person or persons who
8		seek the services of a loan broker, originator, or lender.
9		(u) "Originating" shall mean the issuing of
10		commitments for and funding of residential mortgage loans.
11		(v) "Loan brokerage agreement" shall mean a written
12		agreement in which a broker or loan broker agrees to do
13		either of the following:
14		(1) obtain a residential mortgage loan for the
15		borrower or assist the borrower in obtaining a
16		residential mortgage loan; or
17		(2) consider making a residential mortgage loan to
18		the borrower.
19		(w) "Advertisement" shall mean the attempt by
20		publication, dissemination, or circulation to induce,
21		directly or indirectly, any person to enter into a
22		residential mortgage loan agreement or residential
23		mortgage loan brokerage agreement relative to a mortgage
24		secured by residential real estate situated in Illinois.
25		(x) "Residential Mortgage Board" shall mean the
26		Residential Mortgage Board created in Section 1-5 of this

HB4137 Engrossed - 418 - LRB099 07987 AMC 28127 b
1		Act.
2		(y) "Government-insured mortgage loan" shall mean any
3		mortgage loan made on the security of residential real
4		estate insured by the Department of Housing and Urban
5		Development or Farmers Home Loan Administration, or
6		guaranteed by the Veterans Administration.
7		(z) "Annual audit" shall mean a certified audit of the
8		licensee's books and records and systems of internal
9		control performed by a certified public accountant in
10		accordance with generally accepted accounting principles
11		and generally accepted auditing standards.
12		(aa) "Financial institution" shall mean a savings and
13		loan association, savings bank, credit union, or a bank
14		organized under the laws of Illinois or a savings and loan
15		association, savings bank, credit union or a bank organized
16		under the laws of the United States and headquartered in
17		Illinois.
18		(bb) "Escrow agent" shall mean a third party,
19		individual or entity charged with the fiduciary obligation
20		for holding escrow funds on a residential mortgage loan
21		pending final payout of those funds in accordance with the
22		terms of the residential mortgage loan.
23		(cc) "Net worth" shall have the meaning ascribed
24		thereto in Section 3-5 of this Act.
25		(dd) "Affiliate" shall mean:
26		(1) any entity that directly controls or is

HB4137 Engrossed - 419 - LRB099 07987 AMC 28127 b
1		controlled by the licensee and any other company that
2		is directly affecting activities regulated by this Act
3		that is controlled by the company that controls the
4		licensee;
5		(2) any entity:
6		(A) that is controlled, directly or
7		indirectly, by a trust or otherwise, by or for the
8		benefit of shareholders who beneficially or
9		otherwise control, directly or indirectly, by
10		trust or otherwise, the licensee or any company
11		that controls the licensee; or
12		(B) a majority of the directors or trustees of
13		which constitute a majority of the persons holding
14		any such office with the licensee or any company
15		that controls the licensee;
16		(3) any company, including a real estate
17		investment trust, that is sponsored and advised on a
18		contractual basis by the licensee or any subsidiary or
19		affiliate of the licensee.
20		The Commissioner may define by rule and regulation any
21		terms used in this Act for the efficient and clear
22		administration of this Act.
23		(ee) "First tier subsidiary" shall be defined by
24		regulation incorporating the comparable definitions used
25		by the Office of the Comptroller of the Currency and the
26		Illinois Commissioner of Banks and Real Estate.

HB4137 Engrossed - 420 - LRB099 07987 AMC 28127 b
1		(ff) "Gross delinquency rate" means the quotient
2		determined by dividing (1) the sum of (i) the number of
3		government-insured residential mortgage loans funded or
4		purchased by a licensee in the preceding calendar year that
5		are delinquent and (ii) the number of conventional
6		residential mortgage loans funded or purchased by the
7		licensee in the preceding calendar year that are delinquent
8		by (2) the sum of (i) the number of government-insured
9		residential mortgage loans funded or purchased by the
10		licensee in the preceding calendar year and (ii) the number
11		of conventional residential mortgage loans funded or
12		purchased by the licensee in the preceding calendar year.
13		(gg) "Delinquency rate factor" means the factor set by
14		rule of the Commissioner that is multiplied by the average
15		gross delinquency rate of licensees, determined annually
16		for the immediately preceding calendar year, for the
17		purpose of determining which licensees shall be examined by
18		the Commissioner pursuant to subsection (b) of Section 4-8
19		of this Act.
20		(hh) "Loan originator" means any natural person who,
21		for compensation or in the expectation of compensation,
22		either directly or indirectly makes, offers to make,
23		solicits, places, or negotiates a residential mortgage
24		loan. This definition applies only to Section 7-1 of this
25		Act.
26		(ii) "Confidential supervisory information" means any

HB4137 Engrossed - 421 - LRB099 07987 AMC 28127 b
1		report of examination, visitation, or investigation
2		prepared by the Commissioner under this Act, any report of
3		examination visitation, or investigation prepared by the
4		state regulatory authority of another state that examines a
5		licensee, any document or record prepared or obtained in
6		connection with or relating to any examination,
7		visitation, or investigation, and any record prepared or
8		obtained by the Commissioner to the extent that the record
9		summarizes or contains information derived from any
10		report, document, or record described in this subsection.
11		"Confidential supervisory information" does not include
12		any information or record routinely prepared by a licensee
13		and maintained in the ordinary course of business or any
14		information or record that is required to be made publicly
15		available pursuant to State or federal law or rule.
16		(jj) "Mortgage loan originator" means an individual
17		who for compensation or gain or in the expectation of
18		compensation or gain:
19		(i) takes a residential mortgage loan application;
20		or
21		(ii) offers or negotiates terms of a residential
22		mortgage loan.
23		"Mortgage loan originator" includes an individual
24		engaged in loan modification activities as defined in
25		subsection (yy) of this Section. A mortgage loan originator
26		engaged in loan modification activities shall report those

HB4137 Engrossed - 422 - LRB099 07987 AMC 28127 b
1		activities to the Department of Financial and Professional
2		Regulation in the manner provided by the Department;
3		however, the Department shall not impose a fee for
4		reporting, nor require any additional qualifications to
5		engage in those activities beyond those provided pursuant
6		to this Act for mortgage loan originators.
7		"Mortgage loan originator" does not include an
8		individual engaged solely as a loan processor or
9		underwriter except as otherwise provided in subsection (d)
10		of Section 7-1A of this Act.
11		"Mortgage loan originator" does not include a person or
12		entity that only performs real estate brokerage activities
13		and is licensed in accordance with the Real Estate License
14		Act of 2000, unless the person or entity is compensated by
15		a lender, a mortgage broker, or other mortgage loan
16		originator, or by any agent of that lender, mortgage
17		broker, or other mortgage loan originator.
18		"Mortgage loan originator" does not include a person or
19		entity solely involved in extensions of credit relating to
20		timeshare plans, as that term is defined in Section
21		101(53D) of Title 11, United States Code.
22		(kk) "Depository institution" has the same meaning as
23		in Section 3 of the Federal Deposit Insurance Act, and
24		includes any credit union.
25		(ll) "Dwelling" means a residential structure or
26		mobile home which contains one to 4 family housing units,

HB4137 Engrossed - 423 - LRB099 07987 AMC 28127 b
1		or individual units of condominiums or cooperatives.
2		(mm) "Immediate family member" means a spouse, child,
3		sibling, parent, grandparent, or grandchild, and includes
4		step-parents, step-children, step-siblings, or adoptive
5		relationships.
6		(nn) "Individual" means a natural person.
7		(oo) "Loan processor or underwriter" means an
8		individual who performs clerical or support duties as an
9		employee at the direction of and subject to the supervision
10		and instruction of a person licensed, or exempt from
11		licensing, under this Act. "Clerical or support duties"
12		includes subsequent to the receipt of an application:
13		(i) the receipt, collection, distribution, and
14		analysis of information common for the processing or
15		underwriting of a residential mortgage loan; and
16		(ii) communicating with a consumer to obtain the
17		information necessary for the processing or
18		underwriting of a loan, to the extent that the
19		communication does not include offering or negotiating
20		loan rates or terms, or counseling consumers about
21		residential mortgage loan rates or terms. An
22		individual engaging solely in loan processor or
23		underwriter activities shall not represent to the
24		public, through advertising or other means of
25		communicating or providing information, including the
26		use of business cards, stationery, brochures, signs,

HB4137 Engrossed - 424 - LRB099 07987 AMC 28127 b
1		rate lists, or other promotional items, that the
2		individual can or will perform any of the activities of
3		a mortgage loan originator.
4		(pp) "Nationwide Mortgage Licensing System and
5		Registry" means a mortgage licensing system developed and
6		maintained by the Conference of State Bank Supervisors and
7		the American Association of Residential Mortgage
8		Regulators for the licensing and registration of licensed
9		mortgage loan originators.
10		(qq) "Nontraditional mortgage product" means any
11		mortgage product other than a 30-year fixed rate mortgage.
12		(rr) "Person" means a natural person, corporation,
13		company, limited liability company, partnership, or
14		association.
15		(ss) "Real estate brokerage activity" means any
16		activity that involves offering or providing real estate
17		brokerage services to the public, including:
18		(1) acting as a real estate agent or real estate
19		broker for a buyer, seller, lessor, or lessee of real
20		property;
21		(2) bringing together parties interested in the
22		sale, purchase, lease, rental, or exchange of real
23		property;
24		(3) negotiating, on behalf of any party, any
25		portion of a contract relating to the sale, purchase,
26		lease, rental, or exchange of real property, other than

HB4137 Engrossed - 425 - LRB099 07987 AMC 28127 b
1		in connection with providing financing with respect to
2		any such transaction;
3		(4) engaging in any activity for which a person
4		engaged in the activity is required to be registered or
5		licensed as a real estate agent or real estate broker
6		under any applicable law; or
7		(5) offering to engage in any activity, or act in
8		any capacity, described in this subsection (ss).
9		(tt) "Registered mortgage loan originator" means any
10		individual that:
11		(1) meets the definition of mortgage loan
12		originator and is an employee of:
13		(A) a depository institution;
14		(B) a subsidiary that is:
15		(i) owned and controlled by a depository
16		institution; and
17		(ii) regulated by a federal banking
18		agency; or
19		(C) an institution regulated by the Farm
20		Credit Administration; and
21		(2) is registered with, and maintains a unique
22		identifier through, the Nationwide Mortgage Licensing
23		System and Registry.
24		(uu) "Unique identifier" means a number or other
25		identifier assigned by protocols established by the
26		Nationwide Mortgage Licensing System and Registry.

HB4137 Engrossed - 426 - LRB099 07987 AMC 28127 b
1		(vv) "Residential mortgage license" means a license
2		issued pursuant to Section 1-3, 2-2, or 2-6 of this Act.
3		(ww) "Mortgage loan originator license" means a
4		license issued pursuant to Section 7-1A, 7-3, or 7-6 of
5		this Act.
6		(xx) "Secretary" means the Secretary of the Department
7		of Financial and Professional Regulation, or a person
8		authorized by the Secretary or by this Act to act in the
9		Secretary's stead.
10		(yy) "Loan modification" means, for compensation or
11		gain, either directly or indirectly offering or
12		negotiating on behalf of a borrower or homeowner to adjust
13		the terms of a residential mortgage loan in a manner not
14		provided for in the original or previously modified
15		mortgage loan.
16		(zz) "Short sale facilitation" means, for compensation
17		or gain, either directly or indirectly offering or
18		negotiating on behalf of a borrower or homeowner to
19		facilitate the sale of residential real estate subject to
20		one or more residential mortgage loans or debts
21		constituting liens on the property in which the proceeds
22		from selling the residential real estate will fall short of
23		the amount owed and the lien holders are contacted to agree
24		to release their lien on the residential real estate and
25		accept less than the full amount owed on the debt.
26		The Commissioner may define by rule and regulation any

HB4137 Engrossed - 427 - LRB099 07987 AMC 28127 b
1		terms used in this Act for the efficient and clear
2		administration of this Act.
3		(Source: P.A. 97-143, eff. 7-14-11; 97-891, eff. 8-3-12;
4		98-749, eff. 7-16-14; 98-1081, eff. 1-1-15; revised 10-6-14.)
5		Section 220. The Alternative Health Care Delivery Act is
6		amended by changing Section 30 as follows:
7		(210 ILCS 3/30)
8		Sec. 30. Demonstration program requirements. The
9		requirements set forth in this Section shall apply to
10		demonstration programs.
11		(a) (Blank).
12		(a-5) There shall be no more than the total number of
13		postsurgical recovery care centers with a certificate of need
14		for beds as of January 1, 2008.
15		(a-10) There shall be no more than a total of 9 children's
16		community-based health care center alternative health care
17		models in the demonstration program, which shall be located as
18		follows:
19		(1) Two in the City of Chicago.
20		(2) One in Cook County outside the City of Chicago.
21		(3) A total of 2 in the area comprised of DuPage, Kane,
22		Lake, McHenry, and Will counties.
23		(4) A total of 2 in municipalities with a population of
24		50,000 or more and not located in the areas described in

HB4137 Engrossed - 428 - LRB099 07987 AMC 28127 b
1		paragraphs (1), (2), or (3).
2		(5) A total of 2 in rural areas, as defined by the
3		Health Facilities and Services Review Board.
4		No more than one children's community-based health care
5		center owned and operated by a licensed skilled pediatric
6		facility shall be located in each of the areas designated in
7		this subsection (a-10).
8		(a-15) There shall be 5 authorized community-based
9		residential rehabilitation center alternative health care
10		models in the demonstration program.
11		(a-20) There shall be an authorized Alzheimer's disease
12		management center alternative health care model in the
13		demonstration program. The Alzheimer's disease management
14		center shall be located in Will County, owned by a
15		not-for-profit entity, and endorsed by a resolution approved by
16		the county board before the effective date of this amendatory
17		Act of the 91st General Assembly.
18		(a-25) There shall be no more than 10 birth center
19		alternative health care models in the demonstration program,
20		located as follows:
21		(1) Four in the area comprising Cook, DuPage, Kane,
22		Lake, McHenry, and Will counties, one of which shall be
23		owned or operated by a hospital and one of which shall be
24		owned or operated by a federally qualified health center.
25		(2) Three in municipalities with a population of 50,000
26		or more not located in the area described in paragraph (1)

HB4137 Engrossed - 429 - LRB099 07987 AMC 28127 b
1		of this subsection, one of which shall be owned or operated
2		by a hospital and one of which shall be owned or operated
3		by a federally qualified health center.
4		(3) Three in rural areas, one of which shall be owned
5		or operated by a hospital and one of which shall be owned
6		or operated by a federally qualified health center.
7		The first 3 birth centers authorized to operate by the
8		Department shall be located in or predominantly serve the
9		residents of a health professional shortage area as determined
10		by the United States Department of Health and Human Services.
11		There shall be no more than 2 birth centers authorized to
12		operate in any single health planning area for obstetric
13		services as determined under the Illinois Health Facilities
14		Planning Act. If a birth center is located outside of a health
15		professional shortage area, (i) the birth center shall be
16		located in a health planning area with a demonstrated need for
17		obstetrical service beds, as determined by the Health
18		Facilities and Services Review Board or (ii) there must be a
19		reduction in the existing number of obstetrical service beds in
20		the planning area so that the establishment of the birth center
21		does not result in an increase in the total number of
22		obstetrical service beds in the health planning area.
23		(b) Alternative health care models, other than a model
24		authorized under subsection (a-10) or (a-20), shall obtain a
25		certificate of need from the Health Facilities and Services
26		Review Board under the Illinois Health Facilities Planning Act

HB4137 Engrossed - 430 - LRB099 07987 AMC 28127 b
1		before receiving a license by the Department. If, after
2		obtaining its initial certificate of need, an alternative
3		health care delivery model that is a community based
4		residential rehabilitation center seeks to increase the bed
5		capacity of that center, it must obtain a certificate of need
6		from the Health Facilities and Services Review Board before
7		increasing the bed capacity. Alternative health care models in
8		medically underserved areas shall receive priority in
9		obtaining a certificate of need.
10		(c) An alternative health care model license shall be
11		issued for a period of one year and shall be annually renewed
12		if the facility or program is in substantial compliance with
13		the Department's rules adopted under this Act. A licensed
14		alternative health care model that continues to be in
15		substantial compliance after the conclusion of the
16		demonstration program shall be eligible for annual renewals
17		unless and until a different licensure program for that type of
18		health care model is established by legislation, except that a
19		postsurgical recovery care center meeting the following
20		requirements may apply within 3 years after August 25, 2009
21		(the effective date of Public Act 96-669) for a Certificate of
22		Need permit to operate as a hospital:
23		(1) The postsurgical recovery care center shall apply
24		to the Health Facilities and Services Review Board for a
25		Certificate of Need permit to discontinue the postsurgical
26		recovery care center and to establish a hospital.

HB4137 Engrossed - 431 - LRB099 07987 AMC 28127 b
1		(2) If the postsurgical recovery care center obtains a
2		Certificate of Need permit to operate as a hospital, it
3		shall apply for licensure as a hospital under the Hospital
4		Licensing Act and shall meet all statutory and regulatory
5		requirements of a hospital.
6		(3) After obtaining licensure as a hospital, any
7		license as an ambulatory surgical treatment center and any
8		license as a postsurgical recovery care center shall be
9		null and void.
10		(4) The former postsurgical recovery care center that
11		receives a hospital license must seek and use its best
12		efforts to maintain certification under Titles XVIII and
13		XIX of the federal Social Security Act.
14		The Department may issue a provisional license to any
15		alternative health care model that does not substantially
16		comply with the provisions of this Act and the rules adopted
17		under this Act if (i) the Department finds that the alternative
18		health care model has undertaken changes and corrections which
19		upon completion will render the alternative health care model
20		in substantial compliance with this Act and rules and (ii) the
21		health and safety of the patients of the alternative health
22		care model will be protected during the period for which the
23		provisional license is issued. The Department shall advise the
24		licensee of the conditions under which the provisional license
25		is issued, including the manner in which the alternative health
26		care model fails to comply with the provisions of this Act and

HB4137 Engrossed - 432 - LRB099 07987 AMC 28127 b
1		rules, and the time within which the changes and corrections
2		necessary for the alternative health care model to
3		substantially comply with this Act and rules shall be
4		completed.
5		(d) Alternative health care models shall seek
6		certification under Titles XVIII and XIX of the federal Social
7		Security Act. In addition, alternative health care models shall
8		provide charitable care consistent with that provided by
9		comparable health care providers in the geographic area.
10		(d-5) (Blank).
11		(e) Alternative health care models shall, to the extent
12		possible, link and integrate their services with nearby health
13		care facilities.
14		(f) Each alternative health care model shall implement a
15		quality assurance program with measurable benefits and at
16		reasonable cost.
17		(Source: P.A. 97-135, eff. 7-14-11; 97-333, eff. 8-12-11;
18		97-813, eff. 7-13-12; 98-629, eff. 1-1-15; 98-756, eff.
19		7-16-14; revised 10-3-14.)
20		Section 225. The Nursing Home Care Act is amended by
21		changing Sections 1-125.1 and 3-206.01 as follows:
22		(210 ILCS 45/1-125.1) (from Ch. 111 1/2, par. 4151-125.1)
23		Sec. 1-125.1. "Student intern" means any person whose total
24		term of employment in any facility during any 12-month period

HB4137 Engrossed - 433 - LRB099 07987 AMC 28127 b
1		is equal to or less than 90 continuous days, and whose term of
2		employment: is either,
3		(1) is an academic credit requirement in a high school
4		or undergraduate or graduate institution;
5		(2) immediately succeeds a full quarter, semester, or
6		trimester of academic enrollment in either a high school or
7		undergraduate or graduate institution, provided that such
8		person is registered for another full quarter, semester, or
9		trimester of academic enrollment in either a high school or
10		undergraduate or graduate institution, which quarter,
11		semester, or trimester will commence immediately following
12		the term of employment; or
13		(3) immediately succeeds graduation from the high
14		school or undergraduate or graduate institution.
15		(Source: P.A. 98-121, eff. 7-30-13; revised 11-25-14.)
16		(210 ILCS 45/3-206.01) (from Ch. 111 1/2, par. 4153-206.01)
17		Sec. 3-206.01. Health care worker registry.
18		(a) The Department shall establish and maintain a registry
19		of all individuals who (i) have satisfactorily completed the
20		training required by Section 3-206, (ii) have begun a current
21		course of training as set forth in Section 3-206, or (iii) are
22		otherwise acting as a nursing assistant, habilitation aide,
23		home health aide, psychiatric services rehabilitation aide, or
24		child care aide. The registry shall include the individual's
25		name, his or her current address, Social Security number, and

HB4137 Engrossed - 434 - LRB099 07987 AMC 28127 b
1		the date and location of the training course completed by the
2		individual, and whether the individual has any of the
3		disqualifying convictions listed in Section 25 of the Health
4		Care Worker Background Check Act from the date of the
5		individual's last criminal records check. Any individual
6		placed on the registry is required to inform the Department of
7		any change of address within 30 days. A facility shall not
8		employ an individual as a nursing assistant, habilitation aide,
9		home health aide, psychiatric services rehabilitation aide, or
10		child care aide, or newly hired as an individual who may have
11		access to a resident, a resident's living quarters, or a
12		resident's personal, financial, or medical records, unless the
13		facility has inquired of the Department's health care worker
14		registry as to information in the registry concerning the
15		individual. The facility shall not employ an individual as a
16		nursing assistant, habilitation aide, or child care aide if
17		that individual is not on the registry unless the individual is
18		enrolled in a training program under paragraph (5) of
19		subsection (a) of Section 3-206 of this Act.
20		If the Department finds that a nursing assistant,
21		habilitation aide, home health aide, psychiatric services
22		rehabilitation aide, or child care aide, or an unlicensed
23		individual, has abused or neglected a resident or an individual
24		under his or her care or misappropriated property of a resident
25		or an individual under his or her care, the Department shall
26		notify the individual of this finding by certified mail sent to

HB4137 Engrossed - 435 - LRB099 07987 AMC 28127 b
1		the address contained in the registry. The notice shall give
2		the individual an opportunity to contest the finding in a
3		hearing before the Department or to submit a written response
4		to the findings in lieu of requesting a hearing. If, after a
5		hearing or if the individual does not request a hearing, the
6		Department finds that the individual abused a resident,
7		neglected a resident, or misappropriated resident property in a
8		facility, the finding shall be included as part of the registry
9		as well as a clear and accurate summary from the individual, if
10		he or she chooses to make such a statement. The Department
11		shall make the following information in the registry available
12		to the public: an individual's full name; the date an
13		individual successfully completed a nurse aide training or
14		competency evaluation; and whether the Department has made a
15		finding that an individual has been guilty of abuse or neglect
16		of a resident or misappropriation of resident property. In the
17		case of inquiries to the registry concerning an individual
18		listed in the registry, any information disclosed concerning
19		such a finding shall also include disclosure of the
20		individual's statement in the registry relating to the finding
21		or a clear and accurate summary of the statement.
22		(b) The Department shall add to the health care worker
23		registry records of findings as reported by the Inspector
24		General or remove from the health care worker registry records
25		of findings as reported by the Department of Human Services,
26		under subsection (s) (g-5) of Section 1-17 of the Department of

HB4137 Engrossed - 436 - LRB099 07987 AMC 28127 b
1		Human Services Act.
2		(Source: P.A. 95-545, eff. 8-28-07; 96-1372, eff. 7-29-10;
3		revised 12-10-14.)
4		Section 230. The ID/DD Community Care Act is amended by
5		changing Section 3-206.01 as follows:
6		(210 ILCS 47/3-206.01)
7		Sec. 3-206.01. Health care worker registry.
8		(a) The Department shall establish and maintain a registry
9		of all individuals who (i) have satisfactorily completed the
10		training required by Section 3-206, (ii) have begun a current
11		course of training as set forth in Section 3-206, or (iii) are
12		otherwise acting as a nursing assistant, habilitation aide,
13		home health aide, or child care aide. The registry shall
14		include the individual's name, his or her current address,
15		Social Security number, and whether the individual has any of
16		the disqualifying convictions listed in Section 25 of the
17		Health Care Worker Background Check Act from the date and
18		location of the training course completed by the individual,
19		and the date of the individual's last criminal records check.
20		Any individual placed on the registry is required to inform the
21		Department of any change of address within 30 days. A facility
22		shall not employ an individual as a nursing assistant,
23		habilitation aide, home health aide, or child care aide, or
24		newly hired as an individual who may have access to a resident,

HB4137 Engrossed - 437 - LRB099 07987 AMC 28127 b
1		a resident's living quarters, or a resident's personal,
2		financial, or medical records, unless the facility has inquired
3		of the Department's health care worker registry as to
4		information in the registry concerning the individual. The
5		facility shall not employ an individual as a nursing assistant,
6		habilitation aide, or child care aide if that individual is not
7		on the registry unless the individual is enrolled in a training
8		program under paragraph (5) of subsection (a) of Section 3-206
9		of this Act.
10		If the Department finds that a nursing assistant,
11		habilitation aide, home health aide, child care aide, or an
12		unlicensed individual, has abused or neglected a resident or an
13		individual under his or her care, or misappropriated property
14		of a resident or an individual under his or her care in a
15		facility, the Department shall notify the individual of this
16		finding by certified mail sent to the address contained in the
17		registry. The notice shall give the individual an opportunity
18		to contest the finding in a hearing before the Department or to
19		submit a written response to the findings in lieu of requesting
20		a hearing. If, after a hearing or if the individual does not
21		request a hearing, the Department finds that the individual
22		abused a resident, neglected a resident, or misappropriated
23		resident property in a facility, the finding shall be included
24		as part of the registry as well as a clear and accurate summary
25		statement from the individual, if he or she chooses to make
26		such a statement. The Department shall make the following

HB4137 Engrossed - 438 - LRB099 07987 AMC 28127 b
1		information in the registry available to the public: an
2		individual's full name; the date an individual successfully
3		completed a nurse aide training or competency evaluation; and
4		whether the Department has made a finding that an individual
5		has been guilty of abuse or neglect of a resident or
6		misappropriation of resident's property. In the case of
7		inquiries to the registry concerning an individual listed in
8		the registry, any information disclosed concerning such a
9		finding shall also include disclosure of the individual's
10		statement in the registry relating to the finding or a clear
11		and accurate summary of the statement.
12		(b) The Department shall add to the health care worker
13		registry records of findings as reported by the Inspector
14		General or remove from the health care worker registry records
15		of findings as reported by the Department of Human Services,
16		under subsection (s) (g-5) of Section 1-17 of the Department of
17		Human Services Act.
18		(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; revised
19		12-10-14.)
20		Section 235. The Specialized Mental Health Rehabilitation
21		Act of 2013 is amended by changing Section 1-101.6 as follows:
22		(210 ILCS 49/1-101.6)
23		(Section scheduled to be repealed on July 1, 2016)
24		Sec. 1-101.6. Mental health system planning. The General

HB4137 Engrossed - 439 - LRB099 07987 AMC 28127 b
1		Assembly finds the services contained in this Act are necessary
2		for the effective delivery of mental health services for the
3		citizens of the State of Illinois.
4		The General Assembly also finds that the mental health and
5		substance use system in the State requires further review to
6		develop additional needed services.
7		To ensure the adequacy of community-based services and to
8		offer choice to all individuals with serious mental illness and
9		substance use disorders or conditions who choose to live in the
10		community, and for whom the community is the appropriate
11		setting, but are at risk of institutional care, the Governor's
12		Office of Health Innovation and Transformation shall oversee a
13		process for (i) identifying needed services in the different
14		geographic regions in the State and (ii) identifying the
15		financing strategies for developing those needed services.
16		The process shall address or examine the need and financing
17		strategies for the following:
18		(1) Network adequacy in all 102 counties of the State
19		for: (i) health homes authorized under Section 2703 of the
20		federal Patient Protection and Affordable Care Act; (ii)
21		systems of care for children; (iii) care coordination; and
22		(iv) access to a full continuum of quality care, treatment,
23		services, and supports for persons with serious emotional
24		disturbance, serious mental illness, or substance use
25		disorder.
26		(2) Workforce development for the workforce of

HB4137 Engrossed - 440 - LRB099 07987 AMC 28127 b
1		community providers of care, treatment, services, and
2		supports for persons with mental health and substance use
3		disorders and conditions.
4		(3) Information technology to manage the delivery of
5		integrated services for persons with mental health and
6		substance use disorders and medical conditions.
7		(4) The needed continuum of statewide community health
8		care, treatment, services, and supports for persons with
9		mental health and substance use disorders and conditions.
10		(5) Reducing health care disparities in access to a
11		continuum of care, care coordination, and engagement in
12		networks.
13		The Governor's Office of Health Innovation and
14		Transformation shall include the Division of Alcoholism and
15		Substance Abuse and the Division of Mental Health in the
16		Department of Human Services, the Department of Healthcare and
17		Family Services, the Department of Public Health, community
18		mental health and substance use providers, statewide
19		associations of mental health and substance use providers,
20		mental health and substance use advocacy groups, and any other
21		entity as deemed appropriate for participation in the process
22		of identifying needed services and financing strategies as
23		described in this Section.
24		The Office of Health Innovation and Transformation shall
25		report its findings and recommendations to the General Assembly
26		by July 1, 2015.

HB4137 Engrossed - 441 - LRB099 07987 AMC 28127 b
1		This Section is repealed on July 1, 2016.
2		Before September 1, 2014, the State shall develop and
3		implement a service authorization system available 24 hours a
4		day, 7 days a week for approval of services in the following 3
5		levels of care under this Act: crisis stabilization; recovery
6		and rehabilitation supports; and transitional living units.
7		(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;
8		98-878, eff. 8-11-14; revised 10-2-14.)
9		Section 240. The Emergency Medical Services (EMS) Systems
10		Act is amended by changing Sections 3.87 and 3.210 as follows:
11		(210 ILCS 50/3.87)
12		Sec. 3.87. Ambulance service provider and vehicle service
13		provider upgrades; rural population.
14		(a) In this Section, "rural ambulance service provider"
15		means an ambulance service provider licensed under this Act
16		that serves a rural population of 7,500 or fewer inhabitants.
17		In this Section, "rural vehicle service provider" means an
18		entity that serves a rural population of 7,500 or fewer
19		inhabitants and is licensed by the Department to provide
20		emergency or non-emergency medical services in compliance with
21		this Act, the rules adopted by the Department pursuant to this
22		Act, and an operational plan approved by the entity's EMS
23		System, utilizing at least an ambulance, alternate response
24		vehicle as defined by the Department in rules, or specialized

HB4137 Engrossed - 442 - LRB099 07987 AMC 28127 b
1		emergency medical services vehicle.
2		(b) A rural ambulance service provider or rural vehicle
3		service provider may submit a proposal to the EMS System
4		Medical Director requesting approval of either or both of the
5		following:
6		(1) Rural ambulance service provider or rural vehicle
7		service provider in-field service level upgrade.
8		(A) An ambulance operated by a rural ambulance
9		service provider or a specialized emergency medical
10		services vehicle or alternate response vehicle
11		operated by a rural vehicle service provider may be
12		upgraded, as defined by the EMS System Medical Director
13		in a policy or procedure, as long as the EMS System
14		Medical Director and the Department have approved the
15		proposal, to the highest level of EMT license (advanced
16		life support/paramedic, intermediate life support, or
17		basic life support) or Pre-Hospital RN certification
18		held by any person staffing that ambulance,
19		specialized emergency medical services vehicle, or
20		alternate response vehicle. The ambulance service
21		provider's or rural vehicle service provider's
22		proposal for an upgrade must include all of the
23		following:
24		(i) The manner in which the provider will
25		secure and store advanced life support equipment,
26		supplies, and medications.

HB4137 Engrossed - 443 - LRB099 07987 AMC 28127 b
1		(ii) The type of quality assurance the
2		provider will perform.
3		(iii) An assurance that the provider will
4		advertise only the level of care that can be
5		provided 24 hours a day.
6		(iv) A statement that the provider will have
7		that vehicle inspected by the Department annually.
8		(B) If a rural ambulance service provider or rural
9		vehicle service provider is approved to provide an
10		in-field service level upgrade based on the licensed
11		personnel on the vehicle, all the advanced life support
12		medical supplies, durable medical equipment, and
13		medications must be environmentally controlled,
14		secured, and locked with access by only the personnel
15		who have been authorized by the EMS System Medical
16		Director to utilize those supplies.
17		(C) The EMS System shall routinely perform quality
18		assurance, in compliance with the EMS System's quality
19		assurance plan approved by the Department, on in-field
20		service level upgrades authorized under this Section
21		to ensure compliance with the EMS System plan.
22		(2) Rural ambulance service provider or rural vehicle
23		service provider in-field service level upgrade. The EMS
24		System Medical Director may define what constitutes an
25		in-field service level upgrade through an EMS System policy
26		or procedure. An in-field service level upgrade may

HB4137 Engrossed - 444 - LRB099 07987 AMC 28127 b
1		include, but need not be limited to, an upgrade to a
2		licensed ambulance, alternate response vehicle, or
3		specialized emergency medical services vehicle.
4		(c) If the EMS System Medical Director approves a proposal
5		for a rural in-field service level upgrade under this Section,
6		he or she shall submit the proposal to the Department along
7		with a statement of approval signed by him or her. Once the
8		Department has approved the proposal, the rural ambulance
9		service provider or rural vehicle service provider will be
10		authorized to function at the highest level of EMT license
11		(advanced life support/paramedic, intermediate life support,
12		or basic life support) or Pre-Hospital RN certification held by
13		any person staffing the vehicle.
14		(Source: P.A. 98-608, eff. 12-27-13; 98-880, eff. 1-1-15;
15		98-881, eff. 8-13-14; revised 10-1-14.)
16		(210 ILCS 50/3.210)
17		Sec. 3.210. EMS Medical Consultant. If the Chief of the
18		Department's Division of Emergency Medical Services and
19		Highway Safety is not a physician licensed to practice medicine
20		in all of its branches, with extensive emergency medical
21		services experience, and certified by the American Board of
22		Emergency Medicine or the Osteopathic American Osteopathic
23		Board of Emergency Medicine, then the Director shall appoint
24		such a physician to serve as EMS Medical Consultant to the
25		Division Chief.

HB4137 Engrossed - 445 - LRB099 07987 AMC 28127 b
1		(Source: P.A. 98-973, eff. 8-15-14; revised 11-25-14.)
2		Section 245. The Health Maintenance Organization Act is
3		amended by changing Section 1-2 as follows:
4		(215 ILCS 125/1-2) (from Ch. 111 1/2, par. 1402)
5		Sec. 1-2. Definitions. As used in this Act, unless the
6		context otherwise requires, the following terms shall have the
7		meanings ascribed to them:
8		(1) "Advertisement" means any printed or published
9		material, audiovisual material and descriptive literature of
10		the health care plan used in direct mail, newspapers,
11		magazines, radio scripts, television scripts, billboards and
12		similar displays; and any descriptive literature or sales aids
13		of all kinds disseminated by a representative of the health
14		care plan for presentation to the public including, but not
15		limited to, circulars, leaflets, booklets, depictions,
16		illustrations, form letters and prepared sales presentations.
17		(2) "Director" means the Director of Insurance.
18		(3) "Basic health care services" means emergency care, and
19		inpatient hospital and physician care, outpatient medical
20		services, mental health services and care for alcohol and drug
21		abuse, including any reasonable deductibles and co-payments,
22		all of which are subject to the limitations described in
23		Section 4-20 of this Act and as determined by the Director
24		pursuant to rule.

HB4137 Engrossed - 446 - LRB099 07987 AMC 28127 b
1		(4) "Enrollee" means an individual who has been enrolled in
2		a health care plan.
3		(5) "Evidence of coverage" means any certificate,
4		agreement, or contract issued to an enrollee setting out the
5		coverage to which he is entitled in exchange for a per capita
6		prepaid sum.
7		(6) "Group contract" means a contract for health care
8		services which by its terms limits eligibility to members of a
9		specified group.
10		(7) "Health care plan" means any arrangement whereby any
11		organization undertakes to provide or arrange for and pay for
12		or reimburse the cost of basic health care services, excluding
13		any reasonable deductibles and copayments, from providers
14		selected by the Health Maintenance Organization and such
15		arrangement consists of arranging for or the provision of such
16		health care services, as distinguished from mere
17		indemnification against the cost of such services, except as
18		otherwise authorized by Section 2-3 of this Act, on a per
19		capita prepaid basis, through insurance or otherwise. A "health
20		care plan" also includes any arrangement whereby an
21		organization undertakes to provide or arrange for or pay for or
22		reimburse the cost of any health care service for persons who
23		are enrolled under Article V of the Illinois Public Aid Code or
24		under the Children's Health Insurance Program Act through
25		providers selected by the organization and the arrangement
26		consists of making provision for the delivery of health care

HB4137 Engrossed - 447 - LRB099 07987 AMC 28127 b
1		services, as distinguished from mere indemnification. A
2		"health care plan" also includes any arrangement pursuant to
3		Section 4-17. Nothing in this definition, however, affects the
4		total medical services available to persons eligible for
5		medical assistance under the Illinois Public Aid Code.
6		(8) "Health care services" means any services included in
7		the furnishing to any individual of medical or dental care, or
8		the hospitalization or incident to the furnishing of such care
9		or hospitalization as well as the furnishing to any person of
10		any and all other services for the purpose of preventing,
11		alleviating, curing or healing human illness or injury.
12		(9) "Health Maintenance Organization" means any
13		organization formed under the laws of this or another state to
14		provide or arrange for one or more health care plans under a
15		system which causes any part of the risk of health care
16		delivery to be borne by the organization or its providers.
17		(10) "Net worth" means admitted assets, as defined in
18		Section 1-3 of this Act, minus liabilities.
19		(11) "Organization" means any insurance company, a
20		nonprofit corporation authorized under the Dental Service Plan
21		Act or the Voluntary Health Services Plans Act, or a
22		corporation organized under the laws of this or another state
23		for the purpose of operating one or more health care plans and
24		doing no business other than that of a Health Maintenance
25		Organization or an insurance company. "Organization" shall
26		also mean the University of Illinois Hospital as defined in the

HB4137 Engrossed - 448 - LRB099 07987 AMC 28127 b
1		University of Illinois Hospital Act or a unit of local
2		government health system operating within a county with a
3		population of 3,000,000 or more.
4		(12) "Provider" means any physician, hospital facility,
5		facility licensed under the Nursing Home Care Act, or facility
6		or long-term care facility as those terms are defined in the
7		Nursing Home Care Act or other person which is licensed or
8		otherwise authorized to furnish health care services and also
9		includes any other entity that arranges for the delivery or
10		furnishing of health care service.
11		(13) "Producer" means a person directly or indirectly
12		associated with a health care plan who engages in solicitation
13		or enrollment.
14		(14) "Per capita prepaid" means a basis of prepayment by
15		which a fixed amount of money is prepaid per individual or any
16		other enrollment unit to the Health Maintenance Organization or
17		for health care services which are provided during a definite
18		time period regardless of the frequency or extent of the
19		services rendered by the Health Maintenance Organization,
20		except for copayments and deductibles and except as provided in
21		subsection (f) of Section 5-3 of this Act.
22		(15) "Subscriber" means a person who has entered into a
23		contractual relationship with the Health Maintenance
24		Organization for the provision of or arrangement of at least
25		basic health care services to the beneficiaries of such
26		contract.

HB4137 Engrossed - 449 - LRB099 07987 AMC 28127 b
1		(Source: P.A. 97-1148, eff. 1-24-13; 98-651, eff. 6-16-14;
2		98-841, eff. 8-1-14; revised 10-24-14.)
3		Section 250. The Managed Care Reform and Patient Rights Act
4		is amended by changing Section 10 as follows:
5		(215 ILCS 134/10)
6		Sec. 10. Definitions. :
7		"Adverse determination" means a determination by a health
8		care plan under Section 45 or by a utilization review program
9		under Section 85 that a health care service is not medically
10		necessary.
11		"Clinical peer" means a health care professional who is in
12		the same profession and the same or similar specialty as the
13		health care provider who typically manages the medical
14		condition, procedures, or treatment under review.
15		"Department" means the Department of Insurance.
16		"Emergency medical condition" means a medical condition
17		manifesting itself by acute symptoms of sufficient severity
18		(including, but not limited to, severe pain) such that a
19		prudent layperson, who possesses an average knowledge of health
20		and medicine, could reasonably expect the absence of immediate
21		medical attention to result in:
22		(1) placing the health of the individual (or, with
23		respect to a pregnant woman, the health of the woman or her
24		unborn child) in serious jeopardy;

HB4137 Engrossed - 450 - LRB099 07987 AMC 28127 b
1		(2) serious impairment to bodily functions; or
2		(3) serious dysfunction of any bodily organ or part.
3		"Emergency medical screening examination" means a medical
4		screening examination and evaluation by a physician licensed to
5		practice medicine in all its branches, or to the extent
6		permitted by applicable laws, by other appropriately licensed
7		personnel under the supervision of or in collaboration with a
8		physician licensed to practice medicine in all its branches to
9		determine whether the need for emergency services exists.
10		"Emergency services" means, with respect to an enrollee of
11		a health care plan, transportation services, including but not
12		limited to ambulance services, and covered inpatient and
13		outpatient hospital services furnished by a provider qualified
14		to furnish those services that are needed to evaluate or
15		stabilize an emergency medical condition. "Emergency services"
16		does not refer to post-stabilization medical services.
17		"Enrollee" means any person and his or her dependents
18		enrolled in or covered by a health care plan.
19		"Health care plan" means a plan, including, but not limited
20		to, a health maintenance organization, a managed care community
21		network as defined in the Illinois Public Aid Code, or an
22		accountable care entity as defined in the Illinois Public Aid
23		Code that receives capitated payments to cover medical services
24		from the Department of Healthcare and Family Services, that
25		establishes, operates, or maintains a network of health care
26		providers that has entered into an agreement with the plan to

HB4137 Engrossed - 451 - LRB099 07987 AMC 28127 b
1		provide health care services to enrollees to whom the plan has
2		the ultimate obligation to arrange for the provision of or
3		payment for services through organizational arrangements for
4		ongoing quality assurance, utilization review programs, or
5		dispute resolution. Nothing in this definition shall be
6		construed to mean that an independent practice association or a
7		physician hospital organization that subcontracts with a
8		health care plan is, for purposes of that subcontract, a health
9		care plan.
10		For purposes of this definition, "health care plan" shall
11		not include the following:
12		(1) indemnity health insurance policies including
13		those using a contracted provider network;
14		(2) health care plans that offer only dental or only
15		vision coverage;
16		(3) preferred provider administrators, as defined in
17		Section 370g(g) of the Illinois Insurance Code;
18		(4) employee or employer self-insured health benefit
19		plans under the federal Employee Retirement Income
20		Security Act of 1974;
21		(5) health care provided pursuant to the Workers'
22		Compensation Act or the Workers' Occupational Diseases
23		Act; and
24		(6) not-for-profit voluntary health services plans
25		with health maintenance organization authority in
26		existence as of January 1, 1999 that are affiliated with a

HB4137 Engrossed - 452 - LRB099 07987 AMC 28127 b
1		union and that only extend coverage to union members and
2		their dependents.
3		"Health care professional" means a physician, a registered
4		professional nurse, or other individual appropriately licensed
5		or registered to provide health care services.
6		"Health care provider" means any physician, hospital
7		facility, facility licensed under the Nursing Home Care Act,
8		long-term care facility as defined in Section 1-113 of the
9		Nursing Home Care Act, or other person that is licensed or
10		otherwise authorized to deliver health care services. Nothing
11		in this Act shall be construed to define Independent Practice
12		Associations or Physician-Hospital Organizations as health
13		care providers.
14		"Health care services" means any services included in the
15		furnishing to any individual of medical care, or the
16		hospitalization incident to the furnishing of such care, as
17		well as the furnishing to any person of any and all other
18		services for the purpose of preventing, alleviating, curing, or
19		healing human illness or injury including home health and
20		pharmaceutical services and products.
21		"Medical director" means a physician licensed in any state
22		to practice medicine in all its branches appointed by a health
23		care plan.
24		"Person" means a corporation, association, partnership,
25		limited liability company, sole proprietorship, or any other
26		legal entity.

HB4137 Engrossed - 453 - LRB099 07987 AMC 28127 b
1		"Physician" means a person licensed under the Medical
2		Practice Act of 1987.
3		"Post-stabilization medical services" means health care
4		services provided to an enrollee that are furnished in a
5		licensed hospital by a provider that is qualified to furnish
6		such services, and determined to be medically necessary and
7		directly related to the emergency medical condition following
8		stabilization.
9		"Stabilization" means, with respect to an emergency
10		medical condition, to provide such medical treatment of the
11		condition as may be necessary to assure, within reasonable
12		medical probability, that no material deterioration of the
13		condition is likely to result.
14		"Utilization review" means the evaluation of the medical
15		necessity, appropriateness, and efficiency of the use of health
16		care services, procedures, and facilities.
17		"Utilization review program" means a program established
18		by a person to perform utilization review.
19		(Source: P.A. 98-651, eff. 6-16-14; 98-841, eff. 8-1-14;
20		revised 10-24-14.)
21		Section 255. The Service Contract Act is amended by
22		changing Section 45 as follows:
23		(215 ILCS 152/45)
24		Sec. 45. Record keeping requirements.

HB4137 Engrossed - 454 - LRB099 07987 AMC 28127 b
1		(a) The service contract provider shall keep accurate
2		accounts, books, and records concerning transactions regulated
3		under this Act.
4		(b) The service contract provider's accounts, books, and
5		records shall include the following:
6		(1) copies of each type of service contract sold;
7		(2) the name and address of each service contract
8		holder, to the extent extend that the name and address has
9		been furnished by the service contract holder;
10		(3) a list of the locations where service contracts are
11		marketed, sold, or offered for sale; and
12		(4) written claims files which shall contain at least
13		the date and description of claims related to the service
14		contracts.
15		(c) Except as provided in subsection (e) of this Section,
16		the service contract provider shall retain all records required
17		to be maintained by Section 45 for at least 3 years after the
18		specified period of coverage has expired.
19		(d) The records required under this Act may be, but are not
20		required to be, maintained on a computer disk or other record
21		keeping technology. If the records are maintained in other than
22		hard copy, the records shall be capable of duplication to
23		legible hard copy at the request of the Director.
24		(e) A service contract provider discontinuing business in
25		this State shall maintain its records until it furnishes the
26		Director satisfactory proof that it has discharged all

HB4137 Engrossed - 455 - LRB099 07987 AMC 28127 b
1		obligations to service contract holders in this State.
2		(Source: P.A. 90-711, eff. 8-7-98; revised 11-25-14.)
3		Section 260. The Child Care Act of 1969 is amended by
4		changing Sections 2.04 and 2.17 as follows:
5		(225 ILCS 10/2.04) (from Ch. 23, par. 2212.04)
6		Sec. 2.04. "Related" means any of the following
7		relationships by blood, marriage, civil union, or adoption:
8		parent, grandparent, great-grandparent, great-uncle,
9		great-aunt, brother, sister, stepgrandparent, stepparent,
10		stepbrother, stepsister, uncle, aunt, nephew, niece, fictive
11		kin as defined in Section 7 of the Children and Family Services
12		Act, or first cousin or second cousin. A person is related to a
13		child as a first cousin or a second cousin if they are both
14		related to the same ancestor as either grandchild or
15		great-grandchild. A child whose parent has executed a consent,
16		a surrender, or a waiver pursuant to Section 10 of the Adoption
17		Act, whose parent has signed a denial of paternity pursuant to
18		Section 12 of the Vital Records Act or Section 12a of the
19		Adoption Act, or whose parent has had his or her parental
20		rights terminated is not a related child to that person, unless
21		(1) the consent is determined to be void or is void pursuant to
22		subsection O of Section 10 of the Adoption Act; or (2) the
23		parent of the child executed a consent to adoption by a
24		specified person or persons pursuant to subsection A-1 of

HB4137 Engrossed - 456 - LRB099 07987 AMC 28127 b
1		Section 10 of the Adoption Act and a court finds that the
2		consent is void; or (3) the order terminating the parental
3		rights of the parent is vacated by a court of competent
4		jurisdiction.
5		(Source: P.A. 98-804, eff. 1-1-15; 98-846, eff. 1-1-15; revised
6		10-2-14.)
7		(225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
8		Sec. 2.17. "Foster family home" means a facility for child
9		care in residences of families who receive no more than 8
10		children unrelated to them, unless all the children are of
11		common parentage, or residences of relatives who receive no
12		more than 8 related children placed by the Department, unless
13		the children are of common parentage, for the purpose of
14		providing family care and training for the children on a
15		full-time basis, except the Director of Children and Family
16		Services, pursuant to Department regulations, may waive the
17		limit of 8 children unrelated to an adoptive family for good
18		cause and only to facilitate an adoptive placement. The
19		family's or relative's own children, under 18 years of age,
20		shall be included in determining the maximum number of children
21		served. For purposes of this Section, a "relative" includes any
22		person, 21 years of age or over, other than the parent, who (i)
23		is currently related to the child in any of the following ways
24		by blood or adoption: grandparent, sibling, great-grandparent,
25		uncle, aunt, nephew, niece, first cousin, great-uncle, or

HB4137 Engrossed - 457 - LRB099 07987 AMC 28127 b
1		great-aunt; or (ii) is the spouse of such a relative; or (iii)
2		is a child's step-father, step-mother, or adult step-brother or
3		step-sister; or (iv) is a fictive kin; "relative" also includes
4		a person related in any of the foregoing ways to a sibling of a
5		child, even though the person is not related to the child, when
6		the child and its sibling are placed together with that person.
7		For purposes of placement of children pursuant to Section 7 of
8		the Children and Family Services Act and for purposes of
9		licensing requirements set forth in Section 4 of this Act, for
10		children under the custody or guardianship of the Department
11		pursuant to the Juvenile Court Act of 1987, after a parent
12		signs a consent, surrender, or waiver or after a parent's
13		rights are otherwise terminated, and while the child remains in
14		the custody or guardianship of the Department, the child is
15		considered to be related to those to whom the child was related
16		under this Section prior to the signing of the consent,
17		surrender, or waiver or the order of termination of parental
18		rights. The term "foster family home" includes homes receiving
19		children from any State-operated institution for child care; or
20		from any agency established by a municipality or other
21		political subdivision of the State of Illinois authorized to
22		provide care for children outside their own homes. The term
23		"foster family home" does not include an "adoption-only home"
24		as defined in Section 2.23 of this Act. The types of foster
25		family homes are defined as follows:
26		(a) "Boarding home" means a foster family home which

HB4137 Engrossed - 458 - LRB099 07987 AMC 28127 b
1		receives payment for regular full-time care of a child or
2		children.
3		(b) "Free home" means a foster family home other than
4		an adoptive home which does not receive payments for the
5		care of a child or children.
6		(c) "Adoptive home" means a foster family home which
7		receives a child or children for the purpose of adopting
8		the child or children.
9		(d) "Work-wage home" means a foster family home which
10		receives a child or children who pay part or all of their
11		board by rendering some services to the family not
12		prohibited by the Child Labor Law or by standards or
13		regulations of the Department prescribed under this Act.
14		The child or children may receive a wage in connection with
15		the services rendered the foster family.
16		(e) "Agency-supervised home" means a foster family
17		home under the direct and regular supervision of a licensed
18		child welfare agency, of the Department of Children and
19		Family Services, of a circuit court, or of any other State
20		agency which has authority to place children in child care
21		facilities, and which receives no more than 8 children,
22		unless of common parentage, who are placed and are
23		regularly supervised by one of the specified agencies.
24		(f) "Independent home" means a foster family home,
25		other than an adoptive home, which receives no more than 4
26		children, unless of common parentage, directly from

HB4137 Engrossed - 459 - LRB099 07987 AMC 28127 b
1		parents, or other legally responsible persons, by
2		independent arrangement and which is not subject to direct
3		and regular supervision of a specified agency except as
4		such supervision pertains to licensing by the Department.
5		(Source: P.A. 98-804, eff. 1-1-15; 98-846, eff. 1-1-15; revised
6		10-2-14.)
7		Section 265. The Health Care Worker Background Check Act is
8		amended by changing Section 70 as follows:
9		(225 ILCS 46/70)
10		Sec. 70. Centers for Medicare and Medicaid Services (CMMS)
11		grant; Voluntary FBI Fingerprint Demonstration Project.
12		(a) The General Assembly authorizes the establishment of
13		the Voluntary FBI Fingerprint Demonstration Project
14		(Demonstration Project), which shall be consistent with the
15		provisions of the Centers for Medicare and Medicaid Services
16		grant awarded to and distributed by the Department of Public
17		Health pursuant to Title VI, Subtitle B, Part III, Subtitle C,
18		Section 6201 of the Affordable Care Act of 2010. The
19		Demonstration Project is authorized to operate for the period
20		of January 1, 2014 through December 31, 2014 and shall operate
21		until the conclusion of this grant period or until the
22		long-term care facility terminates its participation in the
23		Demonstration Project, whichever occurs sooner.
24		(b) The Long-Term Care Facility Advisory Board established

HB4137 Engrossed - 460 - LRB099 07987 AMC 28127 b
1		under the Nursing Home Care Act shall act in an advisory
2		capacity to the Demonstration Project.
3		(c) Long-term care facilities voluntarily participating in
4		the Demonstration Project shall, in addition to the provisions
5		of this Section, comply with all requirements set forth in this
6		Act. When conflict between the Act and the provisions of this
7		Section occurs, the provisions of this Section shall supersede
8		until the conclusion of the grant period or until the long-term
9		care facility terminates its participation in the
10		Demonstration Project, whichever occurs sooner.
11		(d) The Department of Public Health shall select at least
12		one facility in the State to participate in the Demonstration
13		Project.
14		(e) For the purposes of determining who shall be required
15		to undergo a State and an FBI fingerprint-based criminal
16		history records check under the Demonstration Project, "direct
17		access employee" means any individual who has access to a
18		patient or resident of a long-term care facility or provider
19		through employment or through a contract with a long-term care
20		facility or provider and has duties that involve or may involve
21		one-on-one contact with a resident of the facility or provider,
22		as determined by the State for purposes of the Demonstration
23		Project.
24		(f) All long-term care facilities licensed under the
25		Nursing Home Care Act are qualified to volunteer for the
26		Demonstration Project.

HB4137 Engrossed - 461 - LRB099 07987 AMC 28127 b
1		(g) The Department of Public Health shall notify qualified
2		long-term care facilities within 30 days after the effective
3		date of this amendatory Act of the 98th General Assembly of the
4		opportunity to volunteer for the Demonstration Project. The
5		notice shall include information concerning application
6		procedures and deadlines, termination rights, requirements for
7		participation, the selection process, and a
8		question-and-answer document addressing potential conflicts
9		between this Act and the provisions of this Section.
10		(h) Qualified long-term care facilities shall be given a
11		minimum of 30 days after the date of receiving the notice to
12		inform the Department of Public Health, in the form and manner
13		prescribed by the Department of Public Health, of their
14		interest in volunteering for the Demonstration Project.
15		Facilities selected for the Demonstration Project shall be
16		notified, within 30 days after the date of application, of the
17		effective date that their participation in the Demonstration
18		Project will begin, which may vary.
19		(i) The individual applicant shall be responsible for the
20		cost of each individual fingerprint inquiry, which may be
21		offset with grant funds, if available. Community-Integrated
22		(j) Each applicant seeking employment in a position
23		described in subsection (e) of this Section with a selected
24		health care employer shall, as a condition of employment, have
25		his or her fingerprints submitted to the Department of State
26		Police in an electronic format that complies with the form and

HB4137 Engrossed - 462 - LRB099 07987 AMC 28127 b
1		manner for requesting and furnishing criminal history record
2		information by the Department of State Police and the Federal
3		Bureau of Investigation criminal history record databases now
4		and hereafter filed. The Department of State Police shall
5		forward the fingerprints to the Federal Bureau of Investigation
6		for a national criminal history records check. The Department
7		of State Police shall charge a fee for conducting the criminal
8		history records check, which shall not exceed the actual cost
9		of the records check and shall be deposited into the State
10		Police Services Fund. The Department of State Police shall
11		furnish, pursuant to positive identification, records of
12		Illinois convictions to the Department of Public Health.
13		(k) A fingerprint-based criminal history records check
14		submitted in accordance with subsection (j) of this Section
15		shall be submitted as a fee applicant inquiry in the form and
16		manner prescribed by the Department of State Police.
17		(l) A long-term care facility may terminate its
18		participation in the Demonstration Project without prejudice
19		by providing the Department of Public Health with notice of its
20		intent to terminate at least 30 days prior to its voluntary
21		termination.
22		(m) This Section shall be inapplicable upon the conclusion
23		of the CMMS grant period.
24		(Source: P.A. 98-756, eff. 7-16-14; 98-1041, eff. 8-25-14;
25		revised 10-2-14.)

HB4137 Engrossed - 463 - LRB099 07987 AMC 28127 b
1		Section 270. The Home Medical Equipment and Services
2		Provider License Act is amended by changing Section 35 as
3		follows:
4		(225 ILCS 51/35)
5		(Section scheduled to be repealed on January 1, 2018)
6		Sec. 35. Qualifications for licensure.
7		(a) An entity is qualified to receive a license as a home
8		medical equipment and services provider if the entity meets
9		each of the following requirements:
10		(1) complies with all applicable federal and State
11		licensure and regulatory requirements;
12		(2) maintains a physical facility and medical
13		equipment inventory. There shall only be one license
14		permitted at each address;
15		(3) establishes proof of commercial general liability
16		insurance, including but not limited to coverage for
17		products liability and professional liability;
18		(4) establishes and provides records of annual
19		continuing education for personnel engaged in the
20		delivery, maintenance, repair, cleaning, inventory
21		control, and financial management of home medical
22		equipment and services;
23		(5) maintains records on all patients to whom it
24		provides home medical equipment and services;
25		(6) establishes equipment management and personnel

HB4137 Engrossed - 464 - LRB099 07987 AMC 28127 b
1		policies;
2		(7) makes life-sustaining life sustaining home medical
3		equipment and services available 24 hours per day and 7
4		days per week;
5		(8) complies with any additional qualifications for
6		licensure as determined by rule of the Department.
7		(b) The Department may request a personal interview of an
8		applicant before the Board to further evaluate the entity's
9		qualifications for licensure.
10		(Source: P.A. 90-532, eff. 11-14-97; revised 11-25-14.)
11		Section 275. The Nurse Practice Act is amended by changing
12		Section 80-40 as follows:
13		(225 ILCS 65/80-40)
14		Sec. 80-40. Licensure by examination. An applicant for
15		licensure by examination to practice as a licensed medication
16		aide must:
17		(1) submit a completed written application on forms
18		provided by the Department and fees as established by the
19		Department;
20		(2) be age 18 or older;
21		(3) have a high school diploma or a high school
22		equivalency certificate of general education development
23		(GED);
24		(4) demonstrate the ability able to speak, read, and

HB4137 Engrossed - 465 - LRB099 07987 AMC 28127 b
1		write the English language, as determined by rule;
2		(5) demonstrate competency in math, as determined by
3		rule;
4		(6) be currently certified in good standing as a
5		certified nursing assistant and provide proof of 2,000
6		hours of practice as a certified nursing assistant within 3
7		years before application for licensure;
8		(7) submit to the criminal history records check
9		required under Section 50-35 of this Act;
10		(8) have not engaged in conduct or behavior determined
11		to be grounds for discipline under this Act;
12		(9) be currently certified to perform cardiopulmonary
13		resuscitation by the American Heart Association or
14		American Red Cross;
15		(10) have successfully completed a course of study
16		approved by the Department as defined by rule; to be
17		approved, the program must include a minimum of 60 hours of
18		classroom-based medication aide education, a minimum of 10
19		hours of simulation laboratory study, and a minimum of 30
20		hours of registered nurse-supervised clinical practicum
21		with progressive responsibility of patient medication
22		assistance;
23		(11) have successfully completed the Medication Aide
24		Certification Examination or other examination authorized
25		by the Department; and
26		(12) submit proof of employment by a qualifying

HB4137 Engrossed - 466 - LRB099 07987 AMC 28127 b
1		facility.
2		(Source: P.A. 98-990, eff. 8-18-14; revised 11-26-14.)
3		Section 280. The Veterinary Medicine and Surgery Practice
4		Act of 2004 is amended by changing Section 25 as follows:
5		(225 ILCS 115/25) (from Ch. 111, par. 7025)
6		(Section scheduled to be repealed on January 1, 2024)
7		Sec. 25. Disciplinary actions.
8		1. The Department may refuse to issue or renew, or may
9		revoke, suspend, place on probation, reprimand, or take other
10		disciplinary or non-disciplinary action as the Department may
11		deem appropriate, including imposing fines not to exceed
12		$10,000 for each violation and the assessment of costs as
13		provided for in Section 25.3 of this Act, with regard to any
14		license or certificate for any one or combination of the
15		following:
16		A. Material misstatement in furnishing information to
17		the Department.
18		B. Violations of this Act, or of the rules adopted
19		pursuant to this Act.
20		C. Conviction by plea of guilty or nolo contendere,
21		finding of guilt, jury verdict, or entry of judgment or by
22		sentencing of any crime, including, but not limited to,
23		convictions, preceding sentences of supervision,
24		conditional discharge, or first offender probation, under

HB4137 Engrossed - 467 - LRB099 07987 AMC 28127 b
1		the laws of any jurisdiction of the United States that is
2		(i) a felony or (ii) a misdemeanor, an essential element of
3		which is dishonesty, or that is directly related to the
4		practice of the profession.
5		D. Fraud or any misrepresentation in applying for or
6		procuring a license under this Act or in connection with
7		applying for renewal of a license under this Act.
8		E. Professional incompetence.
9		F. Malpractice.
10		G. Aiding or assisting another person in violating any
11		provision of this Act or rules.
12		H. Failing, within 60 days, to provide information in
13		response to a written request made by the Department.
14		I. Engaging in dishonorable, unethical, or
15		unprofessional conduct of a character likely to deceive,
16		defraud, or harm the public.
17		J. Habitual or excessive use or abuse of drugs defined
18		in law as controlled substances, alcohol, or any other
19		substance that results in the inability to practice with
20		reasonable judgment, skill, or safety.
21		K. Discipline by another state, unit of government,
22		government agency, District of Columbia, territory, or
23		foreign nation, if at least one of the grounds for the
24		discipline is the same or substantially equivalent to those
25		set forth herein.
26		L. Charging for professional services not rendered,

HB4137 Engrossed - 468 - LRB099 07987 AMC 28127 b
1		including filing false statements for the collection of
2		fees for which services are not rendered.
3		M. A finding by the Board that the licensee or
4		certificate holder, after having his license or
5		certificate placed on probationary status, has violated
6		the terms of probation.
7		N. Willfully making or filing false records or reports
8		in his practice, including but not limited to false records
9		filed with State agencies or departments.
10		O. Physical illness, including but not limited to,
11		deterioration through the aging process, or loss of motor
12		skill which results in the inability to practice under this
13		Act with reasonable judgment, skill, or safety.
14		P. Solicitation of professional services other than
15		permitted advertising.
16		Q. Allowing one's license under this Act to be used by
17		an unlicensed person in violation of this Act.
18		R. Conviction of or cash compromise of a charge or
19		violation of the Harrison Act or the Illinois Controlled
20		Substances Act, regulating narcotics.
21		S. Fraud or dishonesty in applying, treating, or
22		reporting on tuberculin or other biological tests.
23		T. Failing to report, as required by law, or making
24		false report of any contagious or infectious diseases.
25		U. Fraudulent use or misuse of any health certificate,
26		shipping certificate, brand inspection certificate, or

HB4137 Engrossed - 469 - LRB099 07987 AMC 28127 b
1		other blank forms used in practice that might lead to the
2		dissemination of disease or the transportation of diseased
3		animals dead or alive; or dilatory methods, willful
4		neglect, or misrepresentation in the inspection of milk,
5		meat, poultry, and the by-products thereof.
6		V. Conviction on a charge of cruelty to animals.
7		W. Failure to keep one's premises and all equipment
8		therein in a clean and sanitary condition.
9		X. Failure to provide satisfactory proof of having
10		participated in approved continuing education programs.
11		Y. Mental illness or disability that results in the
12		inability to practice under this Act with reasonable
13		judgment, skill, or safety.
14		Z. Conviction by any court of competent jurisdiction,
15		either within or outside this State, of any violation of
16		any law governing the practice of veterinary medicine, if
17		the Department determines, after investigation, that the
18		person has not been sufficiently rehabilitated to warrant
19		the public trust.
20		AA. Promotion of the sale of drugs, devices,
21		appliances, or goods provided for a patient in any manner
22		to exploit the client for financial gain of the
23		veterinarian.
24		BB. Gross, willful, or continued overcharging for
25		professional services.
26		CC. Practicing under a false or, except as provided by

HB4137 Engrossed - 470 - LRB099 07987 AMC 28127 b
1		law, an assumed name.
2		DD. Violating state or federal laws or regulations
3		relating to controlled substances or legend drugs.
4		EE. Cheating on or attempting to subvert the licensing
5		examination administered under this Act.
6		FF. Using, prescribing, or selling a prescription drug
7		or the extra-label use of a prescription drug by any means
8		in the absence of a valid veterinarian-client-patient
9		relationship.
10		GG. Failing to report a case of suspected aggravated
11		cruelty, torture, or animal fighting pursuant to Section
12		3.07 or 4.01 of the Humane Care for Animals Act or Section
13		26-5 or 48-1 of the Criminal Code of 1961 or the Criminal
14		Code of 2012.
15		All fines imposed under this Section shall be paid within
16		60 days after the effective date of the order imposing the fine
17		or in accordance with the terms set forth in the order imposing
18		the fine.
19		2. The determination by a circuit court that a licensee or
20		certificate holder is subject to involuntary admission or
21		judicial admission as provided in the Mental Health and
22		Developmental Disabilities Code operates as an automatic
23		suspension. The suspension will end only upon a finding by a
24		court that the patient is no longer subject to involuntary
25		admission or judicial admission and issues an order so finding
26		and discharging the patient. In any case where a license is

HB4137 Engrossed - 471 - LRB099 07987 AMC 28127 b
1		suspended under this provision, the licensee shall file a
2		petition for restoration and shall include evidence acceptable
3		to the Department that the licensee can resume practice in
4		compliance with acceptable and prevailing standards of his or
5		her their profession.
6		3. All proceedings to suspend, revoke, place on
7		probationary status, or take any other disciplinary action as
8		the Department may deem proper, with regard to a license or
9		certificate on any of the foregoing grounds, must be commenced
10		within 5 years after receipt by the Department of a complaint
11		alleging the commission of or notice of the conviction order
12		for any of the acts described in this Section. Except for
13		proceedings brought for violations of items (CC), (DD), or
14		(EE), no action shall be commenced more than 5 years after the
15		date of the incident or act alleged to have violated this
16		Section. In the event of the settlement of any claim or cause
17		of action in favor of the claimant or the reduction to final
18		judgment of any civil action in favor of the plaintiff, the
19		claim, cause of action, or civil action being grounded on the
20		allegation that a person licensed or certified under this Act
21		was negligent in providing care, the Department shall have an
22		additional period of one year from the date of the settlement
23		or final judgment in which to investigate and begin formal
24		disciplinary proceedings under Section 25.2 of this Act, except
25		as otherwise provided by law. The time during which the holder
26		of the license or certificate was outside the State of Illinois

HB4137 Engrossed - 472 - LRB099 07987 AMC 28127 b
1		shall not be included within any period of time limiting the
2		commencement of disciplinary action by the Department.
3		4. The Department may refuse to issue or may suspend
4		without hearing, as provided for in the Illinois Code of Civil
5		Procedure, the license of any person who fails to file a
6		return, to pay the tax, penalty, or interest shown in a filed
7		return, or to pay any final assessment of tax, penalty, or
8		interest as required by any tax Act administered by the
9		Illinois Department of Revenue, until such time as the
10		requirements of any such tax Act are satisfied in accordance
11		with subsection (g) of Section 2105-15 of the Civil
12		Administrative Code of Illinois.
13		5. In enforcing this Section, the Department, upon a
14		showing of a possible violation, may compel any individual who
15		is registered under this Act or any individual who has applied
16		for registration to submit to a mental or physical examination
17		or evaluation, or both, which may include a substance abuse or
18		sexual offender evaluation, at the expense of the Department.
19		The Department shall specifically designate the examining
20		physician licensed to practice medicine in all of its branches
21		or, if applicable, the multidisciplinary team involved in
22		providing the mental or physical examination and evaluation.
23		The multidisciplinary team shall be led by a physician licensed
24		to practice medicine in all of its branches and may consist of
25		one or more or a combination of physicians licensed to practice
26		medicine in all of its branches, licensed chiropractic

HB4137 Engrossed - 473 - LRB099 07987 AMC 28127 b
1		physicians, licensed clinical psychologists, licensed clinical
2		social workers, licensed clinical professional counselors, and
3		other professional and administrative staff. Any examining
4		physician or member of the multidisciplinary team may require
5		any person ordered to submit to an examination and evaluation
6		pursuant to this Section to submit to any additional
7		supplemental testing deemed necessary to complete any
8		examination or evaluation process, including, but not limited
9		to, blood testing, urinalysis, psychological testing, or
10		neuropsychological testing.
11		The Department may order the examining physician or any
12		member of the multidisciplinary team to provide to the
13		Department any and all records, including business records,
14		that relate to the examination and evaluation, including any
15		supplemental testing performed. The Department may order the
16		examining physician or any member of the multidisciplinary team
17		to present testimony concerning this examination and
18		evaluation of the registrant or applicant, including testimony
19		concerning any supplemental testing or documents relating to
20		the examination and evaluation. No information, report,
21		record, or other documents in any way related to the
22		examination and evaluation shall be excluded by reason of any
23		common law or statutory privilege relating to communication
24		between the licensee or applicant and the examining physician
25		or any member of the multidisciplinary team. No authorization
26		is necessary from the registrant or applicant ordered to

HB4137 Engrossed - 474 - LRB099 07987 AMC 28127 b
1		undergo an evaluation and examination for the examining
2		physician or any member of the multidisciplinary team to
3		provide information, reports, records, or other documents or to
4		provide any testimony regarding the examination and
5		evaluation. The individual to be examined may have, at his or
6		her own expense, another physician of his or her choice present
7		during all aspects of the examination.
8		Failure of any individual to submit to mental or physical
9		examination or evaluation, or both, when directed, shall result
10		in an automatic suspension without hearing, until such time as
11		the individual submits to the examination. If the Department
12		finds a registrant unable to practice because of the reasons
13		set forth in this Section, the Department shall require such
14		registrant to submit to care, counseling, or treatment by
15		physicians approved or designated by the Department as a
16		condition for continued, reinstated, or renewed registration.
17		In instances in which the Secretary immediately suspends a
18		registration under this Section, a hearing upon such person's
19		registration must be convened by the Department within 15 days
20		after such suspension and completed without appreciable delay.
21		The Department shall have the authority to review the
22		registrant's record of treatment and counseling regarding the
23		impairment to the extent permitted by applicable federal
24		statutes and regulations safeguarding the confidentiality of
25		medical records.
26		Individuals registered under this Act who that are affected

HB4137 Engrossed - 475 - LRB099 07987 AMC 28127 b
1		under this Section, shall be afforded an opportunity to
2		demonstrate to the Department that they can resume practice in
3		compliance with acceptable and prevailing standards under the
4		provisions of their registration.
5		6. The Department shall deny a license or renewal
6		authorized by this Act to a person who has defaulted on an
7		educational loan or scholarship provided or guaranteed by the
8		Illinois Student Assistance Commission or any governmental
9		agency of this State in accordance with paragraph (5) of
10		subsection (a) of Section 2105-15 of the Civil Administrative
11		Code of Illinois.
12		7. In cases where the Department of Healthcare and Family
13		Services has previously determined a licensee or a potential
14		licensee is more than 30 days delinquent in the payment of
15		child support and has subsequently certified the delinquency to
16		the Department, the Department may refuse to issue or renew or
17		may revoke or suspend that person's license or may take other
18		disciplinary action against that person based solely upon the
19		certification of delinquency made by the Department of
20		Healthcare and Family Services in accordance with paragraph (5)
21		of subsection (a) of Section 2105-15 1205-15 of the Civil
22		Administrative Code of Illinois.
23		(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13;
24		98-339, eff. 12-31-13; revised 11-25-14.)
25		Section 285. The Professional Engineering Practice Act of

HB4137 Engrossed - 476 - LRB099 07987 AMC 28127 b
1		1989 is amended by changing Section 11 as follows:
2		(225 ILCS 325/11) (from Ch. 111, par. 5211)
3		(Section scheduled to be repealed on January 1, 2020)
4		Sec. 11. Minimum standards for examination for enrollment
5		as engineer intern. Each of the following is considered a
6		minimum standard that an applicant must satisfy to qualify for
7		enrollment as an engineer intern: .
8		(a) A graduate of an approved engineering curriculum of
9		at least 4 years, who has passed an examination in the
10		fundamentals of engineering as defined by rule, shall be
11		enrolled as an engineer intern, if the applicant is
12		otherwise qualified; or
13		(b) An applicant in the last year of an approved
14		engineering curriculum who passes an examination in the
15		fundamentals of engineering as defined by rule and
16		furnishes proof that the applicant graduated within a 12
17		month period following the examination shall be enrolled as
18		an engineer intern, if the applicant is otherwise
19		qualified; or
20		(c) A graduate of a non-approved engineering
21		curriculum or a related science curriculum of at least 4
22		years and which meets the requirements as set forth by rule
23		by submitting an application to the Department for its
24		review and approval, who submits acceptable evidence to the
25		Board of an additional 4 years or more of progressive

HB4137 Engrossed - 477 - LRB099 07987 AMC 28127 b
1		experience in engineering work, and who has passed an
2		examination in the fundamentals of engineering as defined
3		by rule shall be enrolled as an engineer intern, if the
4		applicant is otherwise qualified.
5		(Source: P.A. 98-713, eff. 7-16-14; revised 11-25-14.)
6		Section 290. The Barber, Cosmetology, Esthetics, Hair
7		Braiding, and Nail Technology Act of 1985 is amended by
8		changing Section 2-4 as follows:
9		(225 ILCS 410/2-4) (from Ch. 111, par. 1702-4)
10		(Section scheduled to be repealed on January 1, 2016)
11		Sec. 2-4. Licensure as a barber teacher; qualifications. A
12		person is qualified to receive a license as a barber teacher if
13		that person files an application on forms provided by the
14		Department, pays the required fee, and:
15		a. Is at least 18 years of age;
16		b. Has graduated from high school or its equivalent;
17		c. Has a current license as a barber or cosmetologist;
18		d. Has graduated from a barber school or school of
19		cosmetology approved by the Department having:
20		(1) completed a total of 500 hours in barber
21		teacher training extending over a period of not less
22		than 3 months nor more than 2 years and has had 3 years
23		of practical experience as a licensed barber;
24		(2) completed a total of 1,000 hours of barber

HB4137 Engrossed - 478 - LRB099 07987 AMC 28127 b
1		teacher training extending over a period of not less
2		than 6 months nor more than 2 years; or
3		(3) completed the cosmetology teacher training as
4		specified in paragraph (4) of subsection (a) of Section
5		3-4 of this Act and completed a supplemental barbering
6		course as established by rule; and
7		e. Has passed an examination authorized by the
8		Department to determine fitness to receive a license as a
9		barber teacher or a cosmetology teacher; and
10		f. Has met any other requirements set forth in this
11		Act.
12		An applicant who is issued a license as a Barber Teacher is
13		not required to maintain a barber license in order to practice
14		barbering as defined in this Act.
15		(Source: P.A. 97-777, eff. 7-13-12; 98-911, eff. 1-1-15;
16		revised 11-25-14.)
17		Section 295. The Cemetery Oversight Act is amended by
18		changing Section 5-25 as follows:
19		(225 ILCS 411/5-25)
20		(Section scheduled to be repealed on January 1, 2021)
21		Sec. 5-25. Powers of the Department. Subject to the
22		provisions of this Act, the Department may exercise the
23		following powers:
24		(1) Authorize certification programs to ascertain the

HB4137 Engrossed - 479 - LRB099 07987 AMC 28127 b
1		qualifications and fitness of applicants for licensing as a
2		licensed cemetery manager or as a customer service employee
3		to ascertain whether they possess the requisite level of
4		knowledge for such position.
5		(2) Examine a licensed cemetery authority's records
6		from any year or any other aspects of cemetery operation as
7		the Department deems appropriate.
8		(3) Investigate any and all cemetery operations.
9		(4) Conduct hearings on proceedings to refuse to issue
10		or renew licenses or to revoke, suspend, place on
11		probation, reprimand, or otherwise discipline a license
12		under this Act or take other non-disciplinary action.
13		(5) Adopt reasonable rules required for the
14		administration of this Act.
15		(6) Prescribe forms to be issued for the administration
16		and enforcement of this Act.
17		(7) Maintain rosters of the names and addresses of all
18		licensees and all persons whose licenses have been
19		suspended, revoked, denied renewal, or otherwise
20		disciplined within the previous calendar year. These
21		rosters shall be available upon written request and payment
22		of the required fee as established by rule.
23		(8) Work with the Office of the Comptroller and the
24		Department of Public Health, Division of Vital Records to
25		exchange information and request additional information
26		relating to a licensed cemetery authority. ;

HB4137 Engrossed - 480 - LRB099 07987 AMC 28127 b
1		(9) Investigate cemetery contracts, grounds, or
2		employee records.
3		If the Department exercises its authority to conduct
4		investigations under this Section, the Department shall
5		provide the cemetery authority with information sufficient to
6		challenge the allegation. If the complainant consents, then the
7		Department shall provide the cemetery authority with the
8		identity of and contact information for the complainant so as
9		to allow the cemetery authority and the complainant to resolve
10		the complaint directly. Except as otherwise provided in this
11		Act, any complaint received by the Department and any
12		information collected to investigate the complaint shall be
13		maintained by the Department for the confidential use of the
14		Department and shall not be disclosed. The Department may not
15		disclose the information to anyone other than law enforcement
16		officials or other regulatory agencies or persons that have an
17		appropriate regulatory interest, as determined by the
18		Secretary, or to a party presenting a lawful subpoena to the
19		Department. Information and documents disclosed to a federal,
20		state, county, or local law enforcement agency shall not be
21		disclosed by the agency for any purpose to any other agency or
22		person. A formal complaint filed against a licensee by the
23		Department or any order issued by the Department against a
24		licensee or applicant shall be a public record, except as
25		otherwise prohibited by law.
26		(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12; revised

HB4137 Engrossed - 481 - LRB099 07987 AMC 28127 b
1		11-25-14.)
2		Section 300. The Community Association Manager Licensing
3		and Disciplinary Act is amended by changing Section 155 as
4		follows:
5		(225 ILCS 427/155)
6		(Section scheduled to be repealed on January 1, 2020)
7		Sec. 155. Violations; penalties.
8		(a) A person who violates any of the following provisions
9		shall be guilty of a Class A misdemeanor; a person who commits
10		a second or subsequent violation of these provisions is guilty
11		of a Class 4 felony:
12		(1) The practice of or attempted practice of or holding
13		out as available to practice as a community association
14		manager, or supervising community association manager
15		without a license.
16		(2) Operation of or attempt to operate a community
17		association management firm without a firm license or a
18		designated supervising community association manager.
19		(3) The obtaining of or the attempt to obtain any
20		license or authorization issued under this Act by
21		fraudulent misrepresentation.
22		(b) Whenever a licensee is convicted of a felony related to
23		the violations set forth in this Section, the clerk of the
24		court in any jurisdiction shall promptly report the conviction

HB4137 Engrossed - 482 - LRB099 07987 AMC 28127 b
1		to the Department and the Department shall immediately revoke
2		any license authorized under this Act held by that licensee.
3		The licensee shall not be eligible for licensure under this Act
4		until at least 10 years have elapsed since the time of full
5		discharge from any sentence imposed for a felony conviction. If
6		any person in making any oath or affidavit required by this Act
7		swears falsely, the person is guilty of perjury and may be
8		punished accordingly.
9		(Source: P.A. 98-365, eff. 1-1-14; revised 11-25-14.)
10		Section 305. The Illinois Public Accounting Act is amended
11		by changing Sections 0.02, 0.03, and 14.4 as follows:
12		(225 ILCS 450/0.02) (from Ch. 111, par. 5500.02)
13		(Section scheduled to be repealed on January 1, 2024)
14		Sec. 0.02. Declaration of public policy. It is the policy
15		of this State and the purpose of this Act:
16		(a) to To promote the dependability of information
17		which is used for guidance in financial transactions or for
18		accounting for or assessing the status or performance of
19		commercial and noncommercial enterprises, whether public,
20		private, or governmental; and
21		(b) to To protect the public interest by requiring that
22		persons engaged in the practice of public accounting be
23		qualified; that a public authority competent to prescribe
24		and assess the qualifications of public accountants be

HB4137 Engrossed - 483 - LRB099 07987 AMC 28127 b
1		established; and that
2		(c) that preparing Preparing, auditing, or examining
3		financial statements and issuing a report expressing or
4		disclaiming an opinion on such statements or expressing
5		assurance on such statements be reserved to persons who
6		demonstrate their ability and fitness to observe and apply
7		the standards of the accounting profession; and that the
8		use of accounting titles likely to confuse the public be
9		prohibited.
10		(Source: P.A. 98-254, eff. 8-9-13; revised 11-25-14.)
11		(225 ILCS 450/0.03) (from Ch. 111, par. 5500.03)
12		(Section scheduled to be repealed on January 1, 2024)
13		Sec. 0.03. Definitions. As used in this Act, unless the
14		context otherwise requires:
15		"Accountancy activities" means the services as set forth in
16		Section 8.05 of the Act.
17		"Address of record" means the designated address recorded
18		by the Department in the applicant's, licensee's, or
19		registrant's application file or license file maintained by the
20		Department's licensure maintenance unit. It is the duty of the
21		applicant, licensee, or registrant to inform the Department of
22		any change of address, and those changes must be made either
23		through the Department's website or by directly contacting the
24		Department.
25		"Certificate" means a certificate issued by the Board or

HB4137 Engrossed - 484 - LRB099 07987 AMC 28127 b
1		University or similar jurisdictions specifying an individual
2		has successfully passed all sections and requirements of the
3		Uniform Certified Public Accountant Examination. A certificate
4		issued by the Board or University or similar jurisdiction does
5		not confer the ability to use the CPA title and is not
6		equivalent to a registration or license under this Act.
7		"Compilation" means providing a service to be performed in
8		accordance with Statements on Standards for Accounting and
9		Review Services that is presented in the form of financial
10		statements or information that is the representation of
11		management or owners without undertaking to express any
12		assurance on the statements.
13		"CPA" or "C.P.A." means a certified public accountant who
14		holds a license or registration issued by the Department or an
15		individual authorized to use the CPA title under Section 5.2 of
16		this Act.
17		"CPA firm" means a sole proprietorship, a corporation,
18		registered limited liability partnership, limited liability
19		company, partnership, professional service corporation, or any
20		other form of organization issued a license in accordance with
21		this Act.
22		"CPA (inactive)" means a licensed certified public
23		accountant who elects to have the Department place his or her
24		license on inactive status pursuant to Section 17.2 of this
25		Act.
26		"Financial statement" means a structured presentation of

HB4137 Engrossed - 485 - LRB099 07987 AMC 28127 b
1		historical financial information, including, but not limited
2		to, related notes intended to communicate an entity's economic
3		resources and obligations at a point in time or the changes
4		therein for a period of time in accordance with generally
5		accepted accounting principles (GAAP) or other comprehensive
6		basis of accounting (OCBOA).
7		"Other attestation engagements" means an engagement
8		performed in accordance with the Statements on Standards for
9		Attestation Engagements.
10		"Registered Certified Public Accountant" or "registered
11		CPA" means any person who has been issued a registration under
12		this Act as a Registered Certified Public Accountant.
13		"Report", when used with reference to financial
14		statements, means an opinion, report, or other form of language
15		that states or implies assurance as to the reliability of any
16		financial statements and that also includes or is accompanied
17		by any statement or implication that the person or firm issuing
18		it has special knowledge or competence in accounting or
19		auditing. Such a statement or implication of special knowledge
20		or competence may arise from use by the issuer of the report of
21		names or titles indicating that the person or firm is an
22		accountant or auditor, or from the language of the report
23		itself. "Report" includes any form of language that disclaims
24		an opinion when the form of language is conventionally
25		understood to imply any positive assurance as to the
26		reliability of the financial statements referred to or special

HB4137 Engrossed - 486 - LRB099 07987 AMC 28127 b
1		competence on the part of the person or firm issuing such
2		language; it includes any other form of language that is
3		conventionally understood to imply such assurance or such
4		special knowledge or competence.
5		"Licensed Certified Public Accountant" or "licensed CPA"
6		means any person licensed under this Act as a Licensed
7		Certified Public Accountant.
8		"Committee" means the Public Accountant Registration and
9		Licensure Committee appointed by the Secretary.
10		"Department" means the Department of Financial and
11		Professional Regulation.
12		"License", "licensee", and "licensure" refer refers to the
13		authorization to practice under the provisions of this Act.
14		"Peer review" means a study, appraisal, or review of one or
15		more aspects of a CPA firm's or sole practitioner's compliance
16		with applicable accounting, auditing, and other attestation
17		standards adopted by generally recognized standard-setting
18		bodies.
19		"Principal place of business" means the office location
20		designated by the licensee from which the person directs,
21		controls, and coordinates his or her professional services.
22		"Review committee" means any person or persons conducting,
23		reviewing, administering, or supervising a peer review
24		program.
25		"Secretary" means the Secretary of the Department of
26		Financial and Professional Regulation.

HB4137 Engrossed - 487 - LRB099 07987 AMC 28127 b
1		"University" means the University of Illinois.
2		"Board" means the Board of Examiners established under
3		Section 2.
4		"Registration", "registrant", and "registered" refer to
5		the authorization to hold oneself out as or use the title
6		"Registered Certified Public Accountant" or "Certified Public
7		Accountant", unless the context otherwise requires.
8		"Peer Review Administrator" means an organization
9		designated by the Department that meets the requirements of
10		subsection (f) of Section 16 of this Act and other rules that
11		the Department may adopt.
12		(Source: P.A. 98-254, eff. 8-9-13; revised 11-25-14.)
13		(225 ILCS 450/14.4)
14		(Section scheduled to be repealed on January 1, 2024)
15		Sec. 14.4. Qualifications for licensure as a CPA firm. The
16		Department may license as licensed CPA firms individuals or
17		entities meeting the following requirements:
18		(1) A majority of the ownership of the firm, in terms
19		of financial interests and voting rights of all partners,
20		officers, shareholders, or members, belongs to persons
21		licensed or registered in some state. All partners,
22		officers, shareholders, or members, whose principal place
23		of business is in this State and who have overall
24		responsibility for accountancy activities in this State,
25		as defined in paragraph (1) of subsection (a) of Section

HB4137 Engrossed - 488 - LRB099 07987 AMC 28127 b
1		8.05 of this Act, must hold a valid license as a licensed
2		CPA issued by this State. An individual exercising the
3		practice privilege afforded under Section 5.2 who performs
4		services for which a firm license is required under
5		subsection (d) of Section 5.2 shall not be required to
6		obtain an individual license under this Act.
7		(2) All owners of the CPA firm, whether licensed as a
8		licensed CPA or not, shall be active participants in the
9		CPA firm or its affiliated entities and shall comply with
10		the rules adopted under this Act.
11		(3) It shall be lawful for a nonprofit cooperative
12		association engaged in rendering an auditing and
13		accounting service to its members only to continue to
14		render that service provided that the rendering of an
15		auditing and accounting service by the cooperative
16		association shall at all times be under the control and
17		supervision of licensed CPAs.
18		(4) An individual who supervises services for which a
19		license is required under paragraph (1) of subsection (a)
20		of Section 8.05 of this Act, who signs or authorizes
21		another to sign any report for which a license is required
22		under paragraph (1) of subsection (a) of Section 8.05 of
23		this Act, or who supervises services for which a CPA firm
24		license is required under subsection (d) of Section 5.2 of
25		this Act shall hold a valid, active licensed CPA license
26		from this State or another state considered to be

HB4137 Engrossed - 489 - LRB099 07987 AMC 28127 b
1		substantially equivalent under paragraph (1) of subsection
2		(a) of Section 5.2.
3		(5) The CPA firm shall designate to the Department in
4		writing an individual licensed as a licensed CPA under this
5		Act or, in the case of a firm that must have a CPA firm
6		license pursuant to subsection (b) of Section 13 of this
7		Act, a licensee of another state who meets the requirements
8		set out in paragraph (1) or (2) of subsection (a) of
9		Section 5.2 of this Act, who shall be responsible for the
10		proper licensure of the CPA firm.
11		(Source: P.A. 98-254, eff. 8-9-13; 98-730, eff. 1-1-15; revised
12		11-25-14.)
13		Section 310. The Real Estate Appraiser Licensing Act of
14		2002 is amended by changing Section 5-5 as follows:
15		(225 ILCS 458/5-5)
16		(Section scheduled to be repealed on January 1, 2022)
17		Sec. 5-5. Necessity of license; use of title; exemptions.
18		(a) It is unlawful for a person to (i) act, offer services,
19		or advertise services as a State certified general real estate
20		appraiser, State certified residential real estate appraiser,
21		or associate real estate trainee appraiser, (ii) develop a real
22		estate appraisal, (iii) practice as a real estate appraiser, or
23		(iv) advertise or hold himself or herself out to be a real
24		estate appraiser without a license issued under this Act. A

HB4137 Engrossed - 490 - LRB099 07987 AMC 28127 b
1		person who violates this subsection is guilty of a Class A
2		misdemeanor for a first offense and a Class 4 felony for any
3		subsequent offense.
4		(a-5) It is unlawful for a person, unless registered as an
5		appraisal management company, to solicit clients or enter into
6		an appraisal engagement with clients without either a certified
7		residential real estate appraiser license or a certified
8		general real estate appraiser license issued under this Act. A
9		person who violates this subsection is guilty of a Class A
10		misdemeanor for a first offense and a Class 4 felony for any
11		subsequent offense.
12		(b) It is unlawful for a person, other than a person who
13		holds a valid license issued pursuant to this Act as a State
14		certified general real estate appraiser, a State certified
15		residential real estate appraiser, or an associate real estate
16		trainee appraiser to use these titles or any other title,
17		designation, or abbreviation likely to create the impression
18		that the person is licensed as a real estate appraiser pursuant
19		to this Act. A person who violates this subsection is guilty of
20		a Class A misdemeanor for a first offense and a Class 4 felony
21		for any subsequent offense.
22		(c) This Act does not apply to a person who holds a valid
23		license as a real estate broker or managing broker pursuant to
24		the Real Estate License Act of 2000 who prepares or provides a
25		broker price opinion or comparative market analysis in
26		compliance with Section 10-45 of the Real Estate License Act of

HB4137 Engrossed - 491 - LRB099 07987 AMC 28127 b
1		2000.
2		(d) Nothing in this Act shall preclude a State certified
3		general real estate appraiser, a State certified residential
4		real estate appraiser, or an associate real estate trainee
5		appraiser from rendering appraisals for or on behalf of a
6		partnership, association, corporation, firm, or group.
7		However, no State appraisal license or certification shall be
8		issued under this Act to a partnership, association,
9		corporation, firm, or group.
10		(e) This Act does not apply to a county assessor, township
11		assessor, multi-township assessor, county supervisor of
12		assessments, or any deputy or employee of any county assessor,
13		township assessor, multi-township assessor, or county
14		supervisor of assessments who is performing his or her
15		respective duties in accordance with the provisions of the
16		Property Tax Code.
17		(e-5) For the purposes of this Act, valuation waivers may
18		be prepared by a licensed appraiser notwithstanding any other
19		provision of this Act, and the following types of valuations
20		are not appraisals and may not be represented to be appraisals,
21		and a license is not required under this Act to perform such
22		valuations if the valuations are performed by (1) an employee
23		of the Illinois Department of Transportation who has completed
24		a minimum of 45 hours of course work in real estate appraisal,
25		including the principals of real estate appraisals, appraisal
26		of partial acquisitions, easement valuation, reviewing

HB4137 Engrossed - 492 - LRB099 07987 AMC 28127 b
1		appraisals in eminent domain, appraisal for federal aid highway
2		programs, and appraisal review for federal aid highway programs
3		and has at least 2 years' experience in a field closely related
4		to real estate; (2) a county engineer who is a registered
5		professional engineer under the Professional Engineering
6		Practice Act of 1989; (3) an employee of a municipality who has
7		(i) completed a minimum of 45 hours of coursework in real
8		estate appraisal, including the principals of real estate
9		appraisals, appraisal of partial acquisitions, easement
10		valuation, reviewing appraisals in eminent domain, appraisal
11		for federal aid highway programs, and appraisal review for
12		federal aid highway programs and (ii) has either 2 years'
13		experience in a field clearly related to real estate or has
14		completed 20 hours of additional coursework that is sufficient
15		for a person to complete waiver valuations as approved by the
16		Federal Highway Administration; or (4) a municipal engineer who
17		has completed coursework that is sufficient for his or her
18		waiver valuations to be approved by the Federal Highway
19		Administration and who is a registered professional engineer
20		under the Professional Engineering Act of 1989, under the
21		following circumstances:
22		(A) a valuation waiver in an amount not to exceed
23		$10,000 prepared pursuant to the federal Uniform
24		Relocation Assistance and Real Property Acquisition
25		Policies Act of 1970, or prepared pursuant to the federal
26		Uniform Relocation Assistance and Real Property

HB4137 Engrossed - 493 - LRB099 07987 AMC 28127 b
1		Acquisition for Federal and Federally-Assisted Programs
2		regulations and which is performed by (1) an employee of
3		the Illinois Department of Transportation and co-signed,
4		with a license number affixed, by another employee of the
5		Illinois Department of Transportation who is a registered
6		professional engineer under the Professional Engineering
7		Practice Act of 1989 or (2) an employee of a municipality
8		and co-signed with a license number affixed by a county or
9		municipal engineer who is a registered professional
10		engineer under the Professional Engineering Practice Act
11		of 1989; and
12		(B) a valuation waiver in an amount not to exceed
13		$10,000 prepared pursuant to the federal Uniform
14		Relocation Assistance and Real Property Acquisition
15		Policies Act of 1970, or prepared pursuant to the federal
16		Uniform Relocation Assistance and Real Property
17		Acquisition for Federal and Federally-Assisted Programs
18		regulations and which is performed by a county or municipal
19		engineer who is employed by a county or municipality and is
20		a registered professional engineer under the Professional
21		Engineering Practice Act of 1989. In addition to his or her
22		signature, the county or municipal engineer shall affix his
23		or her license number to the valuation.
24		Nothing in this subsection (e-5) shall be construed to
25		allow the State of Illinois, a political subdivision thereof,
26		or any public body to acquire real estate by eminent domain in

HB4137 Engrossed - 494 - LRB099 07987 AMC 28127 b
1		any manner other than provided for in the Eminent Domain Act.
2		(f) A State real estate appraisal certification or license
3		is not required under this Act for any of the following:
4		(1) A person, partnership, association, or corporation
5		that performs appraisals of property owned by that person,
6		partnership, association, or corporation for the sole use
7		of that person, partnership, association, or corporation.
8		(2) A court-appointed commissioner who conducts an
9		appraisal pursuant to a judicially ordered evaluation of
10		property.
11		However, any person who is certified or licensed under this Act
12		and who performs any of the activities set forth in this
13		subsection (f) must comply with the provisions of this Act. A
14		person who violates this subsection (f) is guilty of a Class A
15		misdemeanor for a first offense and a Class 4 felony for any
16		subsequent offense.
17		(g) This Act does not apply to an employee, officer,
18		director, or member of a credit or loan committee of a
19		financial institution or any other person engaged by a
20		financial institution when performing an evaluation of real
21		property for the sole use of the financial institution in a
22		transaction for which the financial institution would not be
23		required to use the services of a State licensed or State
24		certified appraiser pursuant to federal regulations adopted
25		under Title XI of the federal Financial Institutions Reform,
26		Recovery, and Enforcement Act of 1989, nor does this Act apply

HB4137 Engrossed - 495 - LRB099 07987 AMC 28127 b
1		to the procurement of an automated valuation model.
2		"Automated valuation model" means an automated system that
3		is used to derive a property value through the use of publicly
4		available property records and various analytic methodologies
5		such as comparable sales prices, home characteristics, and
6		historical home price appreciations.
7		(Source: P.A. 97-602, eff. 8-26-11; 98-444, eff. 8-16-13;
8		98-933, eff. 1-1-15; 98-1109, eff. 1-1-15; revised 10-2-14.)
9		Section 315. The Illinois Oil and Gas Act is amended by
10		changing Section 1 as follows:
11		(225 ILCS 725/1) (from Ch. 96 1/2, par. 5401)
12		Sec. 1. Unless the context otherwise requires, the words
13		defined in this Section have the following meanings as used in
14		this Act.
15		"Person" means any natural person, corporation,
16		association, partnership, governmental agency or other legal
17		entity, receiver, trustee, guardian, executor, administrator,
18		fiduciary or representative of any kind.
19		"Oil" means natural crude oil or petroleum and other
20		hydrocarbons, regardless of gravity, which are produced at the
21		well in liquid form by ordinary production methods or by the
22		use of an oil and gas separator and which are not the result of
23		condensation of gas after it leaves the underground reservoir.
24		"Gas" means all natural gas, including casinghead gas, and

HB4137 Engrossed - 496 - LRB099 07987 AMC 28127 b
1		all other natural hydrocarbons not defined above as oil.
2		"Pool" means a natural, underground reservoir containing
3		in whole or in part, a natural accumulation of oil or gas, or
4		both. Each productive zone or stratum of a general structure,
5		which is completely separated from any other zone or stratum in
6		the structure, is deemed a separate "pool" as used herein.
7		"Field" means the same general surface area which is
8		underlaid or appears to be underlaid by one or more pools.
9		"Permit" means the Department's written authorization
10		allowing a well to be drilled, deepened, converted, or operated
11		by an owner.
12		"Permittee" means the owner holding or required to hold the
13		permit, and who is also responsible for paying assessments in
14		accordance with Section 19.7 of this Act and, where applicable,
15		executing and filing the bond associated with the well as
16		principal and who is responsible for compliance with all
17		statutory and regulatory requirements pertaining to the well.
18		When the right and responsibility for operating a well is
19		vested in a receiver or trustee appointed by a court of
20		competent jurisdiction, the permit shall be issued to the
21		receiver or trustee.
22		"Orphan Well" means a well for which: (1) no fee assessment
23		under Section 19.7 of this Act has been paid or no other bond
24		coverage has been provided for 2 consecutive years; (2) no oil
25		or gas has been produced from the well or from the lease or
26		unit on which the well is located for 2 consecutive years; and

HB4137 Engrossed - 497 - LRB099 07987 AMC 28127 b
1		(3) no permittee or owner can be identified or located by the
2		Department. Orphaned wells include wells that may have been
3		drilled for purposes other than those for which a permit is
4		required under this Act if the well is a conduit for oil or
5		salt water intrusions into fresh water zones or onto the
6		surface which may be caused by oil and gas operations.
7		"Owner" means the person who has the right to drill into
8		and produce from any pool, and to appropriate the production
9		either for the person or for the person and another, or others,
10		or solely for others, excluding the mineral owner's royalty if
11		the right to drill and produce has been granted under an oil
12		and gas lease. An owner may also be a person granted the right
13		to drill and operate an injection (Class II UIC) well
14		independent of the right to drill for and produce oil or gas.
15		When the right to drill, produce, and appropriate production is
16		held by more than one person, then all persons holding these
17		rights may designate the owner by a written operating agreement
18		or similar written agreement. In the absence of such an
19		agreement, and subject to the provisions of Sections 22.2 and
20		23.1 through 23.16 of this Act, the owner shall be the person
21		designated in writing by a majority in interest of the persons
22		holding these rights.
23		"Department" means the Department of Natural Resources.
24		"Director" means the Director of Natural Resources.
25		"Mining Board" means the State Mining Board in the
26		Department of Natural Resources, Office of Mines and Minerals.

HB4137 Engrossed - 498 - LRB099 07987 AMC 28127 b
1		"Mineral Owner's Royalty" means the share of oil and gas
2		production reserved in an oil and gas lease free of all costs
3		by an owner of the minerals whether denominated royalty or
4		overriding royalty.
5		"Waste" means "physical waste" as that term is generally
6		understood in the oil and gas industry, and further includes:
7		(1) the locating, drilling, and producing of any oil or
8		gas well or wells drilled contrary to the valid order,
9		rules and regulations adopted by the Department under the
10		provisions of this Act; .
11		(2) permitting the migration of oil, gas, or water from
12		the stratum in which it is found, into other strata,
13		thereby ultimately resulting in the loss of recoverable
14		oil, gas or both;
15		(3) the drowning with water of any stratum or part
16		thereof capable of producing oil or gas, except for
17		secondary recovery purposes;
18		(4) the unreasonable damage to underground, fresh or
19		mineral water supply, workable coal seams, or other mineral
20		deposits in the operations for the discovery, development,
21		production, or handling of oil and gas;
22		(5) the unnecessary or excessive surface loss or
23		destruction of oil or gas resulting from evaporation,
24		seepage, leakage or fire, especially such loss or
25		destruction incident to or resulting from the escape of gas
26		into the open air in excessive or unreasonable amounts,

HB4137 Engrossed - 499 - LRB099 07987 AMC 28127 b
1		provided, however, it shall not be unlawful for the
2		operator or owner of any well producing both oil and gas to
3		burn such gas in flares when such gas is, under the other
4		provisions of this Act, lawfully produced, and where there
5		is no market at the well for such escaping gas; and where
6		the same is used for the extraction of casinghead gas, it
7		shall not be unlawful for the operator of the plant after
8		the process of extraction is completed, to burn such
9		residue in flares when there is no market at such plant for
10		such residue gas;
11		(6) permitting unnecessary fire hazards;
12		(7) permitting unnecessary damage to or destruction of
13		the surface, soil, animal, fish or aquatic life or property
14		from oil or gas operations.
15		"Drilling Unit" means the surface area allocated by an
16		order or regulation of the Department to the drilling of a
17		single well for the production of oil or gas from an individual
18		pool.
19		"Enhanced Recovery Method" means any method used in an
20		effort to recover hydrocarbons from a pool by injection of
21		fluids, gases or other substances to maintain, restore or
22		augment natural reservoir energy, or by introducing immiscible
23		or miscible gases, chemicals, other substances or heat or by
24		in-situ combustion, or by any combination thereof.
25		"Well-Site Equipment" means any production-related
26		equipment or materials specific to the well, including motors,

HB4137 Engrossed - 500 - LRB099 07987 AMC 28127 b
1		pumps, pump jacks, tanks, tank batteries, separators,
2		compressors, casing, tubing, and rods.
3		(Source: P.A. 89-243, eff. 8-4-95; 89-445, eff. 2-7-96; revised
4		11-25-14.)
5		Section 320. The Hydraulic Fracturing Regulatory Act is
6		amended by changing Sections 1-40, 1-96, 1-100, 1-101, and
7		1-110 as follows:
8		(225 ILCS 732/1-40)
9		Sec. 1-40. Public notice.
10		(a) Within 5 calendar days after the Department's receipt
11		of the high volume horizontal hydraulic fracturing
12		application, the Department shall post notice of its receipt
13		and a copy of the permit application on its website. The notice
14		shall include the dates of the public comment period and
15		directions for interested parties to submit comments.
16		(b) Within 5 calendar days after the Department's receipt
17		of the permit application and notice to the applicant that the
18		high volume horizontal hydraulic fracturing permit application
19		was received, the Department shall provide the Agency, the
20		Office of the State Fire Marshal, the Illinois State Water
21		Survey, and the Illinois State Geological Survey with notice of
22		the application.
23		(c) The applicant shall provide the following public
24		notice:

HB4137 Engrossed - 501 - LRB099 07987 AMC 28127 b
1		(1) Applicants shall mail specific public notice by
2		U.S. Postal Service certified mail, return receipt
3		requested, within 3 calendar days after submittal of the
4		high volume horizontal hydraulic fracturing permit
5		application to the Department, to all persons identified as
6		owners of real property within 1,500 feet of the proposed
7		well site, as disclosed by the records in the office of the
8		recorder of the county or counties, and to each
9		municipality and county in which the well site is proposed
10		to be located.
11		(2) Except as otherwise provided in this paragraph (2)
12		of subsection (c), applicants shall provide general public
13		notice by publication, once each week for 2 consecutive
14		weeks, beginning no later than 3 calendar days after
15		submittal of the high volume horizontal hydraulic
16		fracturing permit application to the Department, in a
17		newspaper of general circulation published in each county
18		where the well proposed for high volume hydraulic
19		fracturing operations is proposed to be located.
20		If a well is proposed for high volume hydraulic
21		fracturing operations in a county where there is no daily
22		newspaper of general circulation, the applicant shall
23		provide general public notice, by publication, once each
24		week for 2 consecutive weeks, in a weekly newspaper of
25		general circulation in that county beginning as soon as the
26		publication schedule of the weekly newspaper permits, but

HB4137 Engrossed - 502 - LRB099 07987 AMC 28127 b
1		in no case later than 10 days after submittal of the high
2		volume hydraulic fracturing permit application to the
3		Department.
4		(3) The specific and general public notices required
5		under this subsection shall contain the following
6		information:
7		(A) the name and address of the applicant;
8		(B) the date the application for a high volume
9		horizontal hydraulic fracturing permit was filed;
10		(C) the dates for the public comment period and a
11		statement that anyone may file written comments about
12		any portion of the applicant's submitted high volume
13		horizontal hydraulic fracturing permit application
14		with the Department during the public comment period;
15		(D) the proposed well name, reference number
16		assigned by the Department, and the address and legal
17		description of the well site and its unit area;
18		(E) a statement that the information filed by the
19		applicant in their application for a high volume
20		horizontal hydraulic fracturing permit is available
21		from the Department through its website;
22		(F) the Department's website and the address and
23		telephone number for the Department's Oil and Gas
24		Division;
25		(G) a statement that any person having an interest
26		that is or may be adversely affected, any government

HB4137 Engrossed - 503 - LRB099 07987 AMC 28127 b
1		agency that is or may be affected, or the county board
2		of a county to be affected under a proposed permit, may
3		file written objections to a permit application and may
4		request a public hearing.
5		(d) After providing the public notice as required under
6		paragraph (2) of subsection (c) of this Section, the applicant
7		shall supplement its permit application by providing the
8		Department with a certification and documentation that the
9		applicant fulfilled the public notice requirements of this
10		Section. The Department shall not issue a permit until the
11		applicant has provided the supplemental material required
12		under this subsection.
13		(e) If multiple applications are submitted at the same time
14		for wells located on the same well site, the applicant may use
15		one public notice for all applications provided the notice is
16		clear that it pertains to multiple applications and conforms to
17		the requirements of this Section. Notice shall not constitute
18		standing for purposes of requesting a public hearing or for
19		standing to appeal the decision of the Department in accordance
20		with the Administrative Review Law.
21		(Source: P.A. 98-22, eff. 6-17-13; revised 11-25-14.)
22		(225 ILCS 732/1-96)
23		Sec. 1-96. Seismicity.
24		(a) For purposes of this Section, "induced seismicity"
25		means an earthquake event that is felt, recorded by the

HB4137 Engrossed - 504 - LRB099 07987 AMC 28127 b
1		national seismic network, and attributable to a Class II
2		injection well used for disposal of flowback flow-back and
3		produced fluid from hydraulic fracturing operations.
4		(b) The Department shall adopt rules, in consultation with
5		the Illinois State Geological Survey, establishing a protocol
6		for controlling operational activity of Class II injection
7		wells in an instance of induced seismicity.
8		(c) The rules adopted by the Department under this Section
9		shall employ a "traffic light" control system allowing for low
10		levels of seismicity while including additional monitoring and
11		mitigation requirements when seismic events are of sufficient
12		intensity to result in a concern for public health and safety.
13		(d) The additional mitigation requirements referenced in
14		subsection (c) of this Section shall provide for either the
15		scaling back of injection operations with monitoring for
16		establishment of a potentially safe operation level or the
17		immediate cessation of injection operations.
18		(Source: P.A. 98-22, eff. 6-17-13; revised 11-25-14.)
19		(225 ILCS 732/1-100)
20		Sec. 1-100. Criminal offenses; penalties.
21		(a) Except as otherwise provided in this Section, it shall
22		be a Class A misdemeanor to knowingly violate this Act, its
23		rules, or any permit or term or condition thereof, or knowingly
24		to submit any false information under this Act or regulations
25		adopted thereunder, or under any permit or term or condition

HB4137 Engrossed - 505 - LRB099 07987 AMC 28127 b
1		thereof. A person convicted or sentenced under this subsection
2		(a) shall be subject to a fine of not to exceed $10,000 for
3		each day of violation.
4		(b) It is unlawful for a person knowingly to violate:
5		(1) subsection (c) of Section 1-25 of this Act;
6		(2) subsection (d) of Section 1-25 of this Act;
7		(3) subsection (a) of Section 1-30 of this Act;
8		(4) paragraph (9) of subsection (c) of Section 1-75 of
9		this Act; or
10		(5) subsection (a) of Section 1-87 of this Act.
11		A person convicted or sentenced for any knowing violation
12		of the requirements or prohibitions listed in this subsection
13		(b) commits a Class 4 felony, and in addition to any other
14		penalty prescribed by law is subject to a fine not to exceed
15		$25,000 for each day of violation. A person who commits a
16		second or subsequent knowing violation of the requirements or
17		prohibitions listed in this subsection (b) commits a Class 3
18		felony and, in addition to any other penalties provided by law,
19		is subject to a fine not to exceed $50,000 for each day of
20		violation.
21		(c) Any person who knowingly makes a false, fictitious, or
22		fraudulent material statement, orally or in writing, to the
23		Department or Agency as required by this Act, its rules, or any
24		permit, term, or condition of a permit, commits a Class 4
25		felony, and each false, fictitious, or fraudulent statement or
26		writing shall be considered a separate violation. In addition

HB4137 Engrossed - 506 - LRB099 07987 AMC 28127 b
1		to any other penalty prescribed by law, a person persons in
2		violation of this subsection (c) is subject to a fine of not to
3		exceed $25,000 for each day of violation. A person who commits
4		a second or subsequent knowing violation of this subsection (c)
5		commits a Class 3 felony and, in addition to any other
6		penalties provided by law, is subject to a fine not to exceed
7		$50,000 for each day of violation.
8		(d) Any criminal action provided for under this Section
9		shall be brought by the State's Attorney of the county in which
10		the violation occurred or by the Attorney General and shall be
11		conducted in accordance with the applicable provision of the
12		Code of Criminal Procedure of 1963. For criminal conduct in
13		this Section, the period for commencing prosecution shall not
14		begin to run until the offense is discovered by or reported to
15		a State or local agency having authority to investigate
16		violations of this Act.
17		(Source: P.A. 98-22, eff. 6-17-13; revised 11-26-14.)
18		(225 ILCS 732/1-101)
19		Sec. 1-101. Violations; civil penalties and injunctions.
20		(a) Except as otherwise provided in this Section, any
21		person who violates any provision of this Act or any rule or
22		order adopted under this Act or any permit issued under this
23		Act shall be liable for a civil penalty not to exceed $50,000
24		for the violation and an additional civil penalty not to exceed
25		$10,000 for each day during which the violation continues.

HB4137 Engrossed - 507 - LRB099 07987 AMC 28127 b
1		(b) Any person who violates any requirements or
2		prohibitions of provisions listed in this subsection (b) is
3		subject to a civil penalty not to exceed $100,000 for the
4		violation and an additional civil penalty not to exceed $20,000
5		for each day during which the violation continues. The
6		following are violations are subject to the penalties of this
7		subsection (b):
8		(1) subsection (c) of Section 1-25 of this Act;
9		(2) subsection (d) of Section 1-25 of this Act;
10		(3) subsection (a) of Section 1-30 of this Act;
11		(4) paragraph (9) of subsection (c) of Section 1-75 of
12		this Act; or
13		(5) subsection (a) of Section 1-87 of this Act.
14		(c) Any person who knowingly makes, submits, causes to be
15		made, or causes to be submitted a false report of pollution,
16		diminution, or water pollution attributable to high volume
17		horizontal hydraulic fracturing operations that results in an
18		investigation by the Department or Agency under this Act shall
19		be liable for a civil penalty not to exceed $1,000 for the
20		violation.
21		(d) The penalty shall be recovered by a civil action before
22		the circuit court of the county in which the well site is
23		located or in the circuit court of Sangamon County. Venue shall
24		be considered proper in either court. These penalties may, upon
25		the order of a court of competent jurisdiction, be made payable
26		to the Environmental Protection Trust Fund, to be used in

HB4137 Engrossed - 508 - LRB099 07987 AMC 28127 b
1		accordance with the provisions of the Environmental Protection
2		Trust Fund Act.
3		(e) The State's Attorney of the county in which the
4		violation occurred, or the Attorney General, may, at the
5		request of the Department or on his or her own motion,
6		institute a civil action for the recovery of costs, an
7		injunction, prohibitory or mandatory, to restrain violations
8		of this Act, any rule adopted under this Act, the permit or
9		term or condition of the permit, or to require other actions as
10		may be necessary to address violations of this Act, any rule
11		adopted under this Act, or the permit or term or condition of
12		the permit.
13		(f) The State's Attorney of the county in which the
14		violation occurred, or the Attorney General, shall bring
15		actions under this Section in the name of the People of the
16		State of Illinois. Without limiting any other authority that
17		may exist for the awarding of attorney's fees and costs, a
18		court of competent jurisdiction may award costs and reasonable
19		attorney's fees, including the reasonable costs of expert
20		witnesses and consultants, to the State's Attorney or the
21		Attorney General in a case where he or she has prevailed
22		against a person who has committed a knowing or repeated
23		violation of this Act, any rule adopted under this Act, or the
24		permit or term or condition of the permit.
25		(g) All final orders imposing civil penalties under this
26		Section shall prescribe the time for payment of those

HB4137 Engrossed - 509 - LRB099 07987 AMC 28127 b
1		penalties. If any penalty is not paid within the time
2		prescribed, interest on the penalty at the rate set forth in
3		subsection (a) of Section 1003 of the Illinois Income Tax Act,
4		shall be paid for the period from the date payment is due until
5		the date payment is received. However, if the time for payment
6		is stayed during the pendency of an appeal, interest shall not
7		accrue during the stay.
8		(Source: P.A. 98-22, eff. 6-17-13; revised 11-26-14.)
9		(225 ILCS 732/1-110)
10		Sec. 1-110. Public information; website.
11		(a) All information submitted to the Department under this
12		Act is deemed public information, except information deemed to
13		constitute a trade secret under Section 1-77 of this Act and
14		private information and personal information as defined in the
15		Freedom of Information Act.
16		(b) To provide the public and concerned citizens with a
17		centralized repository of information, the Department shall
18		create and maintain a comprehensive website dedicated to
19		providing information concerning high volume horizontal
20		hydraulic fracturing operations. The website shall contain,
21		assemble, and link the documents and information required by
22		this Act to be posted on the Department's or other agencies'
23		websites. The Department shall also create and maintain an
24		online searchable database that provides information related
25		to high volume horizontal hydraulic fracturing operations on

HB4137 Engrossed - 510 - LRB099 07987 AMC 28127 b
1		wells that, at a minimum, includes include, for each well it
2		permits, the identity of its operators, its waste disposal, its
3		chemical disclosure information, and any complaints or
4		violations under this Act. The website created under this
5		Section shall allow users to search for completion reports by
6		well name and location, dates of fracturing and drilling
7		operations, operator, and by chemical additives.
8		(Source: P.A. 98-22, eff. 6-17-13; revised 11-26-14.)
9		Section 325. The Illinois Horse Racing Act of 1975 is
10		amended by changing Section 12.2 as follows:
11		(230 ILCS 5/12.2)
12		Sec. 12.2. Business enterprise program.
13		(a) For the purposes of this Section, the terms "minority",
14		"minority owned business", "female", "female owned business",
15		"person with a disability", and "business owned by a person
16		with a disability" have the meanings meaning ascribed to them
17		in the Business Enterprise for Minorities, Females, and Persons
18		with Disabilities Act.
19		(b) The Board shall, by rule, establish goals for the award
20		of contracts by each organization licensee or inter-track
21		wagering licensee to businesses owned by minorities, females,
22		and persons with disabilities, expressed as percentages of an
23		organization licensee's or inter-track wagering licensee's
24		total dollar amount of contracts awarded during each calendar

HB4137 Engrossed - 511 - LRB099 07987 AMC 28127 b
1		year. Each organization licensee or inter-track wagering
2		licensee must make every effort to meet the goals established
3		by the Board pursuant to this Section. When setting the goals
4		for the award of contracts, the Board shall not include
5		contracts where: (1) licensees are purchasing goods or services
6		from vendors or suppliers or in markets where there are no or a
7		limited number of minority owned businesses, women owned
8		businesses, or businesses owned by persons with disabilities
9		that would be sufficient to satisfy the goal; (2) there are no
10		or a limited number of suppliers licensed by the Board; (3) the
11		licensee or its parent company owns a company that provides the
12		goods or services; or (4) the goods or services are provided to
13		the licensee by a publicly traded company.
14		(c) Each organization licensee or inter-track wagering
15		licensee shall file with the Board an annual report of its
16		utilization of minority owned businesses, female owned
17		businesses, and businesses owned by persons with disabilities
18		during the preceding calendar year. The reports shall include a
19		self-evaluation of the efforts of the organization licensee or
20		inter-track wagering licensee to meet its goals under this
21		Section.
22		(d) The organization licensee or inter-track wagering
23		licensee shall have the right to request a waiver from the
24		requirements of this Section. The Board shall grant the waiver
25		where the organization licensee or inter-track wagering
26		licensee demonstrates that there has been made a good faith

HB4137 Engrossed - 512 - LRB099 07987 AMC 28127 b
1		effort to comply with the goals for participation by minority
2		owned businesses, female owned businesses, and businesses
3		owned by persons with disabilities.
4		(e) If the Board determines that its goals and policies are
5		not being met by any organization licensee or inter-track
6		wagering licensee, then the Board may:
7		(1) adopt remedies for such violations; and
8		(2) recommend that the organization licensee or
9		inter-track wagering licensee provide additional
10		opportunities for participation by minority owned
11		businesses, female owned businesses, and businesses owned
12		by persons with disabilities; such recommendations may
13		include, but shall not be limited to:
14		(A) assurances of stronger and better focused
15		solicitation efforts to obtain more minority owned
16		businesses, female owned businesses, and businesses
17		owned by persons with disabilities as potential
18		sources of supply;
19		(B) division of job or project requirements, when
20		economically feasible, into tasks or quantities to
21		permit participation of minority owned businesses,
22		female owned businesses, and businesses owned by
23		persons with disabilities;
24		(C) elimination of extended experience or
25		capitalization requirements, when programmatically
26		feasible, to permit participation of minority owned

HB4137 Engrossed - 513 - LRB099 07987 AMC 28127 b
1		businesses, female owned businesses, and businesses
2		owned by persons with disabilities;
3		(D) identification of specific proposed contracts
4		as particularly attractive or appropriate for
5		participation by minority owned businesses, female
6		owned businesses, and businesses owned by persons with
7		disabilities, such identification to result from and
8		be coupled with the efforts of items (A) through (C);
9		and
10		(E) implementation of regulations established for
11		the use of the sheltered market process.
12		(f) The Board shall file, no later than March 1 of each
13		year, an annual report that shall detail the level of
14		achievement toward the goals specified in this Section over the
15		3 most recent fiscal years. The annual report shall include,
16		but need not be limited to:
17		(1) a summary detailing expenditures subject to the
18		goals, the actual goals specified, and the goals attained
19		by each organization licensee or inter-track wagering
20		licensee;
21		(2) a summary of the number of contracts awarded and
22		the average contract amount by each organization licensee
23		or inter-track wagering licensee;
24		(3) an analysis of the level of overall goal
25		achievement concerning purchases from minority owned
26		businesses, female owned businesses, and businesses owned

HB4137 Engrossed - 514 - LRB099 07987 AMC 28127 b
1		by persons with disabilities;
2		(4) an analysis of the number of minority owned
3		businesses, female owned businesses, and businesses owned
4		by persons with disabilities that are certified under the
5		program as well as the number of those businesses that
6		received State procurement contracts; and
7		(5) a summary of the number of contracts awarded to
8		businesses with annual gross sales of less than $1,000,000;
9		of $1,000,000 or more, but less than $5,000,000; of
10		$5,000,000 or more, but less than $10,000,000; and of
11		$10,000,000 or more.
12		(Source: P.A. 98-490, eff. 8-16-13; revised 11-26-14.)
13		Section 330. The Riverboat Gambling Act is amended by
14		changing Section 7.6 as follows:
15		(230 ILCS 10/7.6)
16		Sec. 7.6. Business enterprise program.
17		(a) For the purposes of this Section, the terms "minority",
18		"minority owned business", "female", "female owned business",
19		"person with a disability", and "business owned by a person
20		with a disability" have the meanings meaning ascribed to them
21		in the Business Enterprise for Minorities, Females, and Persons
22		with Disabilities Act.
23		(b) The Board shall, by rule, establish goals for the award
24		of contracts by each owners licensee to businesses owned by

HB4137 Engrossed - 515 - LRB099 07987 AMC 28127 b
1		minorities, females, and persons with disabilities, expressed
2		as percentages of an owners licensee's total dollar amount of
3		contracts awarded during each calendar year. Each owners
4		licensee must make every effort to meet the goals established
5		by the Board pursuant to this Section. When setting the goals
6		for the award of contracts, the Board shall not include
7		contracts where: (1) any purchasing mandates would be dependent
8		upon the availability of minority owned businesses, female
9		owned businesses, and businesses owned by persons with
10		disabilities ready, willing, and able with capacity to provide
11		quality goods and services to a gaming operation at reasonable
12		prices; (2) there are no or a limited number of licensed
13		suppliers as defined by this Act for the goods or services
14		provided to the licensee; (3) the licensee or its parent
15		company owns a company that provides the goods or services; or
16		(4) the goods or services are provided to the licensee by a
17		publicly traded company.
18		(c) Each owners licensee shall file with the Board an
19		annual report of its utilization of minority owned businesses,
20		female owned businesses, and businesses owned by persons with
21		disabilities during the preceding calendar year. The reports
22		shall include a self-evaluation of the efforts of the owners
23		licensee to meet its goals under this Section.
24		(d) The owners licensee shall have the right to request a
25		waiver from the requirements of this Section. The Board shall
26		grant the waiver where the owners licensee demonstrates that

HB4137 Engrossed - 516 - LRB099 07987 AMC 28127 b
1		there has been made a good faith effort to comply with the
2		goals for participation by minority owned businesses, female
3		owned businesses, and businesses owned by persons with
4		disabilities.
5		(e) If the Board determines that its goals and policies are
6		not being met by any owners licensee, then the Board may:
7		(1) adopt remedies for such violations; and
8		(2) recommend that the owners licensee provide
9		additional opportunities for participation by minority
10		owned businesses, female owned businesses, and businesses
11		owned by persons with disabilities; such recommendations
12		may include, but shall not be limited to:
13		(A) assurances of stronger and better focused
14		solicitation efforts to obtain more minority owned
15		businesses, female owned businesses, and businesses
16		owned by persons with disabilities as potential
17		sources of supply;
18		(B) division of job or project requirements, when
19		economically feasible, into tasks or quantities to
20		permit participation of minority owned businesses,
21		female owned businesses, and businesses owned by
22		persons with disabilities;
23		(C) elimination of extended experience or
24		capitalization requirements, when programmatically
25		feasible, to permit participation of minority owned
26		businesses, female owned businesses, and businesses

HB4137 Engrossed - 517 - LRB099 07987 AMC 28127 b
1		owned by persons with disabilities;
2		(D) identification of specific proposed contracts
3		as particularly attractive or appropriate for
4		participation by minority owned businesses, female
5		owned businesses, and businesses owned by persons with
6		disabilities, such identification to result from and
7		be coupled with the efforts of items (A) through (C);
8		and
9		(E) implementation of regulations established for
10		the use of the sheltered market process.
11		(f) The Board shall file, no later than March 1 of each
12		year, an annual report that shall detail the level of
13		achievement toward the goals specified in this Section over the
14		3 most recent fiscal years. The annual report shall include,
15		but need not be limited to:
16		(1) a summary detailing expenditures subject to the
17		goals, the actual goals specified, and the goals attained
18		by each owners licensee; and
19		(2) an analysis of the level of overall goal
20		achievement concerning purchases from minority owned
21		businesses, female owned businesses, and businesses owned
22		by persons with disabilities.
23		(Source: P.A. 98-490, eff. 8-16-13; revised 11-26-14.)
24		Section 335. The Liquor Control Act of 1934 is amended by
25		changing Sections 3-12, 6-15, and 6-36 as follows:

HB4137 Engrossed - 518 - LRB099 07987 AMC 28127 b
1		(235 ILCS 5/3-12)
2		(Text of Section before amendment by P.A. 98-939)
3		Sec. 3-12. Powers and duties of State Commission.
4		(a) The State commission shall have the following powers,
5		functions, and duties:
6		(1) To receive applications and to issue licenses to
7		manufacturers, foreign importers, importing distributors,
8		distributors, non-resident dealers, on premise consumption
9		retailers, off premise sale retailers, special event
10		retailer licensees, special use permit licenses, auction
11		liquor licenses, brew pubs, caterer retailers,
12		non-beverage users, railroads, including owners and
13		lessees of sleeping, dining and cafe cars, airplanes,
14		boats, brokers, and wine maker's premises licensees in
15		accordance with the provisions of this Act, and to suspend
16		or revoke such licenses upon the State commission's
17		determination, upon notice after hearing, that a licensee
18		has violated any provision of this Act or any rule or
19		regulation issued pursuant thereto and in effect for 30
20		days prior to such violation. Except in the case of an
21		action taken pursuant to a violation of Section 6-3, 6-5,
22		or 6-9, any action by the State Commission to suspend or
23		revoke a licensee's license may be limited to the license
24		for the specific premises where the violation occurred.
25		In lieu of suspending or revoking a license, the

HB4137 Engrossed - 519 - LRB099 07987 AMC 28127 b
1		commission may impose a fine, upon the State commission's
2		determination and notice after hearing, that a licensee has
3		violated any provision of this Act or any rule or
4		regulation issued pursuant thereto and in effect for 30
5		days prior to such violation.
6		For the purpose of this paragraph (1), when determining
7		multiple violations for the sale of alcohol to a person
8		under the age of 21, a second or subsequent violation for
9		the sale of alcohol to a person under the age of 21 shall
10		only be considered if it was committed within 5 years after
11		the date when a prior violation for the sale of alcohol to
12		a person under the age of 21 was committed.
13		The fine imposed under this paragraph may not exceed
14		$500 for each violation. Each day that the activity, which
15		gave rise to the original fine, continues is a separate
16		violation. The maximum fine that may be levied against any
17		licensee, for the period of the license, shall not exceed
18		$20,000. The maximum penalty that may be imposed on a
19		licensee for selling a bottle of alcoholic liquor with a
20		foreign object in it or serving from a bottle of alcoholic
21		liquor with a foreign object in it shall be the destruction
22		of that bottle of alcoholic liquor for the first 10 bottles
23		so sold or served from by the licensee. For the eleventh
24		bottle of alcoholic liquor and for each third bottle
25		thereafter sold or served from by the licensee with a
26		foreign object in it, the maximum penalty that may be

HB4137 Engrossed - 520 - LRB099 07987 AMC 28127 b
1		imposed on the licensee is the destruction of the bottle of
2		alcoholic liquor and a fine of up to $50.
3		(2) To adopt such rules and regulations consistent with
4		the provisions of this Act which shall be necessary to
5		carry on its functions and duties to the end that the
6		health, safety and welfare of the People of the State of
7		Illinois shall be protected and temperance in the
8		consumption of alcoholic liquors shall be fostered and
9		promoted and to distribute copies of such rules and
10		regulations to all licensees affected thereby.
11		(3) To call upon other administrative departments of
12		the State, county and municipal governments, county and
13		city police departments and upon prosecuting officers for
14		such information and assistance as it deems necessary in
15		the performance of its duties.
16		(4) To recommend to local commissioners rules and
17		regulations, not inconsistent with the law, for the
18		distribution and sale of alcoholic liquors throughout the
19		State.
20		(5) To inspect, or cause to be inspected, any premises
21		in this State where alcoholic liquors are manufactured,
22		distributed, warehoused, or sold. Nothing in this Act
23		authorizes an agent of the Commission to inspect private
24		areas within the premises without reasonable suspicion or a
25		warrant during an inspection. "Private areas" include, but
26		are not limited to, safes, personal property, and closed

HB4137 Engrossed - 521 - LRB099 07987 AMC 28127 b
1		desks.
2		(5.1) Upon receipt of a complaint or upon having
3		knowledge that any person is engaged in business as a
4		manufacturer, importing distributor, distributor, or
5		retailer without a license or valid license, to notify the
6		local liquor authority, file a complaint with the State's
7		Attorney's Office of the county where the incident
8		occurred, or initiate an investigation with the
9		appropriate law enforcement officials.
10		(5.2) To issue a cease and desist notice to persons
11		shipping alcoholic liquor into this State from a point
12		outside of this State if the shipment is in violation of
13		this Act.
14		(5.3) To receive complaints from licensees, local
15		officials, law enforcement agencies, organizations, and
16		persons stating that any licensee has been or is violating
17		any provision of this Act or the rules and regulations
18		issued pursuant to this Act. Such complaints shall be in
19		writing, signed and sworn to by the person making the
20		complaint, and shall state with specificity the facts in
21		relation to the alleged violation. If the Commission has
22		reasonable grounds to believe that the complaint
23		substantially alleges a violation of this Act or rules and
24		regulations adopted pursuant to this Act, it shall conduct
25		an investigation. If, after conducting an investigation,
26		the Commission is satisfied that the alleged violation did

HB4137 Engrossed - 522 - LRB099 07987 AMC 28127 b
1		occur, it shall proceed with disciplinary action against
2		the licensee as provided in this Act.
3		(6) To hear and determine appeals from orders of a
4		local commission in accordance with the provisions of this
5		Act, as hereinafter set forth. Hearings under this
6		subsection shall be held in Springfield or Chicago, at
7		whichever location is the more convenient for the majority
8		of persons who are parties to the hearing.
9		(7) The commission shall establish uniform systems of
10		accounts to be kept by all retail licensees having more
11		than 4 employees, and for this purpose the commission may
12		classify all retail licensees having more than 4 employees
13		and establish a uniform system of accounts for each class
14		and prescribe the manner in which such accounts shall be
15		kept. The commission may also prescribe the forms of
16		accounts to be kept by all retail licensees having more
17		than 4 employees, including but not limited to accounts of
18		earnings and expenses and any distribution, payment, or
19		other distribution of earnings or assets, and any other
20		forms, records and memoranda which in the judgment of the
21		commission may be necessary or appropriate to carry out any
22		of the provisions of this Act, including but not limited to
23		such forms, records and memoranda as will readily and
24		accurately disclose at all times the beneficial ownership
25		of such retail licensed business. The accounts, forms,
26		records and memoranda shall be available at all reasonable

HB4137 Engrossed - 523 - LRB099 07987 AMC 28127 b
1		times for inspection by authorized representatives of the
2		State commission or by any local liquor control
3		commissioner or his or her authorized representative. The
4		commission, may, from time to time, alter, amend or repeal,
5		in whole or in part, any uniform system of accounts, or the
6		form and manner of keeping accounts.
7		(8) In the conduct of any hearing authorized to be held
8		by the commission, to appoint, at the commission's
9		discretion, hearing officers to conduct hearings involving
10		complex issues or issues that will require a protracted
11		period of time to resolve, to examine, or cause to be
12		examined, under oath, any licensee, and to examine or cause
13		to be examined the books and records of such licensee; to
14		hear testimony and take proof material for its information
15		in the discharge of its duties hereunder; to administer or
16		cause to be administered oaths; for any such purpose to
17		issue subpoena or subpoenas to require the attendance of
18		witnesses and the production of books, which shall be
19		effective in any part of this State, and to adopt rules to
20		implement its powers under this paragraph (8).
21		Any Circuit Court may by order duly entered, require
22		the attendance of witnesses and the production of relevant
23		books subpoenaed by the State commission and the court may
24		compel obedience to its order by proceedings for contempt.
25		(9) To investigate the administration of laws in
26		relation to alcoholic liquors in this and other states and

HB4137 Engrossed - 524 - LRB099 07987 AMC 28127 b
1		any foreign countries, and to recommend from time to time
2		to the Governor and through him or her to the legislature
3		of this State, such amendments to this Act, if any, as it
4		may think desirable and as will serve to further the
5		general broad purposes contained in Section 1-2 hereof.
6		(10) To adopt such rules and regulations consistent
7		with the provisions of this Act which shall be necessary
8		for the control, sale or disposition of alcoholic liquor
9		damaged as a result of an accident, wreck, flood, fire or
10		other similar occurrence.
11		(11) To develop industry educational programs related
12		to responsible serving and selling, particularly in the
13		areas of overserving consumers and illegal underage
14		purchasing and consumption of alcoholic beverages.
15		(11.1) To license persons providing education and
16		training to alcohol beverage sellers and servers under the
17		Beverage Alcohol Sellers and Servers Education and
18		Training (BASSET) programs and to develop and administer a
19		public awareness program in Illinois to reduce or eliminate
20		the illegal purchase and consumption of alcoholic beverage
21		products by persons under the age of 21. Application for a
22		license shall be made on forms provided by the State
23		Commission.
24		(12) To develop and maintain a repository of license
25		and regulatory information.
26		(13) On or before January 15, 1994, the Commission

HB4137 Engrossed - 525 - LRB099 07987 AMC 28127 b
1		shall issue a written report to the Governor and General
2		Assembly that is to be based on a comprehensive study of
3		the impact on and implications for the State of Illinois of
4		Section 1926 of the Federal ADAMHA Reorganization Act of
5		1992 (Public Law 102-321). This study shall address the
6		extent to which Illinois currently complies with the
7		provisions of P.L. 102-321 and the rules promulgated
8		pursuant thereto.
9		As part of its report, the Commission shall provide the
10		following essential information:
11		(i) the number of retail distributors of tobacco
12		products, by type and geographic area, in the State;
13		(ii) the number of reported citations and
14		successful convictions, categorized by type and
15		location of retail distributor, for violation of the
16		Prevention of Tobacco Use by Minors and Sale and
17		Distribution of Tobacco Products Act and the Smokeless
18		Tobacco Limitation Act;
19		(iii) the extent and nature of organized
20		educational and governmental activities that are
21		intended to promote, encourage or otherwise secure
22		compliance with any Illinois laws that prohibit the
23		sale or distribution of tobacco products to minors; and
24		(iv) the level of access and availability of
25		tobacco products to individuals under the age of 18.
26		To obtain the data necessary to comply with the

HB4137 Engrossed - 526 - LRB099 07987 AMC 28127 b
1		provisions of P.L. 102-321 and the requirements of this
2		report, the Commission shall conduct random, unannounced
3		inspections of a geographically and scientifically
4		representative sample of the State's retail tobacco
5		distributors.
6		The Commission shall consult with the Department of
7		Public Health, the Department of Human Services, the
8		Illinois State Police and any other executive branch
9		agency, and private organizations that may have
10		information relevant to this report.
11		The Commission may contract with the Food and Drug
12		Administration of the U.S. Department of Health and Human
13		Services to conduct unannounced investigations of Illinois
14		tobacco vendors to determine compliance with federal laws
15		relating to the illegal sale of cigarettes and smokeless
16		tobacco products to persons under the age of 18.
17		(14) On or before April 30, 2008 and every 2 years
18		thereafter, the Commission shall present a written report
19		to the Governor and the General Assembly that shall be
20		based on a study of the impact of this amendatory Act of
21		the 95th General Assembly on the business of soliciting,
22		selling, and shipping wine from inside and outside of this
23		State directly to residents of this State. As part of its
24		report, the Commission shall provide all of the following
25		information:
26		(A) The amount of State excise and sales tax

HB4137 Engrossed - 527 - LRB099 07987 AMC 28127 b
1		revenues generated.
2		(B) The amount of licensing fees received.
3		(C) The number of cases of wine shipped from inside
4		and outside of this State directly to residents of this
5		State.
6		(D) The number of alcohol compliance operations
7		conducted.
8		(E) The number of winery shipper's licenses
9		issued.
10		(F) The number of each of the following: reported
11		violations; cease and desist notices issued by the
12		Commission; notices of violations issued by the
13		Commission and to the Department of Revenue; and
14		notices and complaints of violations to law
15		enforcement officials, including, without limitation,
16		the Illinois Attorney General and the U.S. Department
17		of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
18		(15) As a means to reduce the underage consumption of
19		alcoholic liquors, the Commission shall conduct alcohol
20		compliance operations to investigate whether businesses
21		that are soliciting, selling, and shipping wine from inside
22		or outside of this State directly to residents of this
23		State are licensed by this State or are selling or
24		attempting to sell wine to persons under 21 years of age in
25		violation of this Act.
26		(16) The Commission shall, in addition to notifying any

HB4137 Engrossed - 528 - LRB099 07987 AMC 28127 b
1		appropriate law enforcement agency, submit notices of
2		complaints or violations of Sections 6-29 and 6-29.1 by
3		persons who do not hold a winery shipper's license under
4		this amendatory Act to the Illinois Attorney General and to
5		the U.S. Department of Treasury's Alcohol and Tobacco Tax
6		and Trade Bureau.
7		(17) (A) A person licensed to make wine under the laws
8		of another state who has a winery shipper's license under
9		this amendatory Act and annually produces less than 25,000
10		gallons of wine or a person who has a first-class or
11		second-class wine manufacturer's license, a first-class or
12		second-class wine-maker's license, or a limited wine
13		manufacturer's license under this Act and annually
14		produces less than 25,000 gallons of wine may make
15		application to the Commission for a self-distribution
16		exemption to allow the sale of not more than 5,000 gallons
17		of the exemption holder's wine to retail licensees per
18		year.
19		(B) In the application, which shall be sworn under
20		penalty of perjury, such person shall state (1) the
21		date it was established; (2) its volume of production
22		and sales for each year since its establishment; (3)
23		its efforts to establish distributor relationships;
24		(4) that a self-distribution exemption is necessary to
25		facilitate the marketing of its wine; and (5) that it
26		will comply with the liquor and revenue laws of the

HB4137 Engrossed - 529 - LRB099 07987 AMC 28127 b
1		United States, this State, and any other state where it
2		is licensed.
3		(C) The Commission shall approve the application
4		for a self-distribution exemption if such person: (1)
5		is in compliance with State revenue and liquor laws;
6		(2) is not a member of any affiliated group that
7		produces more than 25,000 gallons of wine per annum or
8		produces any other alcoholic liquor; (3) will not
9		annually produce for sale more than 25,000 gallons of
10		wine; and (4) will not annually sell more than 5,000
11		gallons of its wine to retail licensees.
12		(D) A self-distribution exemption holder shall
13		annually certify to the Commission its production of
14		wine in the previous 12 months and its anticipated
15		production and sales for the next 12 months. The
16		Commission may fine, suspend, or revoke a
17		self-distribution exemption after a hearing if it
18		finds that the exemption holder has made a material
19		misrepresentation in its application, violated a
20		revenue or liquor law of Illinois, exceeded production
21		of 25,000 gallons of wine in any calendar year, or
22		become part of an affiliated group producing more than
23		25,000 gallons of wine or any other alcoholic liquor.
24		(E) Except in hearings for violations of this Act
25		or amendatory Act or a bona fide investigation by duly
26		sworn law enforcement officials, the Commission, or

HB4137 Engrossed - 530 - LRB099 07987 AMC 28127 b
1		its agents, the Commission shall maintain the
2		production and sales information of a
3		self-distribution exemption holder as confidential and
4		shall not release such information to any person.
5		(F) The Commission shall issue regulations
6		governing self-distribution exemptions consistent with
7		this Section and this Act.
8		(G) Nothing in this subsection (17) shall prohibit
9		a self-distribution exemption holder from entering
10		into or simultaneously having a distribution agreement
11		with a licensed Illinois distributor.
12		(H) It is the intent of this subsection (17) to
13		promote and continue orderly markets. The General
14		Assembly finds that in order to preserve Illinois'
15		regulatory distribution system it is necessary to
16		create an exception for smaller makers of wine as their
17		wines are frequently adjusted in varietals, mixes,
18		vintages, and taste to find and create market niches
19		sometimes too small for distributor or importing
20		distributor business strategies. Limited
21		self-distribution rights will afford and allow smaller
22		makers of wine access to the marketplace in order to
23		develop a customer base without impairing the
24		integrity of the 3-tier system.
25		(18) (A) A craft brewer licensee, who must also be
26		either a licensed brewer or licensed non-resident dealer

HB4137 Engrossed - 531 - LRB099 07987 AMC 28127 b
1		and annually manufacture less than 930,000 gallons of beer,
2		may make application to the Commission for a
3		self-distribution exemption to allow the sale of not more
4		than 232,500 gallons of the exemption holder's beer to
5		retail licensees per year.
6		(B) In the application, which shall be sworn under
7		penalty of perjury, the craft brewer licensee shall
8		state (1) the date it was established; (2) its volume
9		of beer manufactured and sold for each year since its
10		establishment; (3) its efforts to establish
11		distributor relationships; (4) that a
12		self-distribution exemption is necessary to facilitate
13		the marketing of its beer; and (5) that it will comply
14		with the alcoholic beverage and revenue laws of the
15		United States, this State, and any other state where it
16		is licensed.
17		(C) Any application submitted shall be posted on
18		the Commission's website at least 45 days prior to
19		action by the Commission. The Commission shall approve
20		the application for a self-distribution exemption if
21		the craft brewer licensee: (1) is in compliance with
22		the State, revenue, and alcoholic beverage laws; (2) is
23		not a member of any affiliated group that manufacturers
24		more than 930,000 gallons of beer per annum or produces
25		any other alcoholic beverages; (3) shall not annually
26		manufacture for sale more than 930,000 gallons of beer;

HB4137 Engrossed - 532 - LRB099 07987 AMC 28127 b
1		and (4) shall not annually sell more than 232,500
2		gallons of its beer to retail licensees.
3		(D) A self-distribution exemption holder shall
4		annually certify to the Commission its manufacture of
5		beer during the previous 12 months and its anticipated
6		manufacture and sales of beer for the next 12 months.
7		The Commission may fine, suspend, or revoke a
8		self-distribution exemption after a hearing if it
9		finds that the exemption holder has made a material
10		misrepresentation in its application, violated a
11		revenue or alcoholic beverage law of Illinois,
12		exceeded the manufacture of 930,000 gallons of beer in
13		any calendar year or became part of an affiliated group
14		manufacturing more than 930,000 gallons of beer or any
15		other alcoholic beverage.
16		(E) The Commission shall issue rules and
17		regulations governing self-distribution exemptions
18		consistent with this Act.
19		(F) Nothing in this paragraph (18) shall prohibit a
20		self-distribution exemption holder from entering into
21		or simultaneously having a distribution agreement with
22		a licensed Illinois importing distributor or a
23		distributor. If a self-distribution exemption holder
24		enters into a distribution agreement and has assigned
25		distribution rights to an importing distributor or
26		distributor, then the self-distribution exemption

HB4137 Engrossed - 533 - LRB099 07987 AMC 28127 b
1		holder's distribution rights in the assigned
2		territories shall cease in a reasonable time not to
3		exceed 60 days.
4		(G) It is the intent of this paragraph (18) to
5		promote and continue orderly markets. The General
6		Assembly finds that in order to preserve Illinois'
7		regulatory distribution system, it is necessary to
8		create an exception for smaller manufacturers in order
9		to afford and allow such smaller manufacturers of beer
10		access to the marketplace in order to develop a
11		customer base without impairing the integrity of the
12		3-tier system.
13		(b) On or before April 30, 1999, the Commission shall
14		present a written report to the Governor and the General
15		Assembly that shall be based on a study of the impact of this
16		amendatory Act of 1998 on the business of soliciting, selling,
17		and shipping alcoholic liquor from outside of this State
18		directly to residents of this State.
19		As part of its report, the Commission shall provide the
20		following information:
21		(i) the amount of State excise and sales tax revenues
22		generated as a result of this amendatory Act of 1998;
23		(ii) the amount of licensing fees received as a result
24		of this amendatory Act of 1998;
25		(iii) the number of reported violations, the number of
26		cease and desist notices issued by the Commission, the

HB4137 Engrossed - 534 - LRB099 07987 AMC 28127 b
1		number of notices of violations issued to the Department of
2		Revenue, and the number of notices and complaints of
3		violations to law enforcement officials.
4		(Source: P.A. 97-5, eff. 6-1-11; 98-401, eff. 8-16-13; 98-941,
5		eff. 1-1-15.)
6		(Text of Section after amendment by P.A. 98-939)
7		Sec. 3-12. Powers and duties of State Commission.
8		(a) The State commission shall have the following powers,
9		functions, and duties:
10		(1) To receive applications and to issue licenses to
11		manufacturers, foreign importers, importing distributors,
12		distributors, non-resident dealers, on premise consumption
13		retailers, off premise sale retailers, special event
14		retailer licensees, special use permit licenses, auction
15		liquor licenses, brew pubs, caterer retailers,
16		non-beverage users, railroads, including owners and
17		lessees of sleeping, dining and cafe cars, airplanes,
18		boats, brokers, and wine maker's premises licensees in
19		accordance with the provisions of this Act, and to suspend
20		or revoke such licenses upon the State commission's
21		determination, upon notice after hearing, that a licensee
22		has violated any provision of this Act or any rule or
23		regulation issued pursuant thereto and in effect for 30
24		days prior to such violation. Except in the case of an
25		action taken pursuant to a violation of Section 6-3, 6-5,

HB4137 Engrossed - 535 - LRB099 07987 AMC 28127 b
1		or 6-9, any action by the State Commission to suspend or
2		revoke a licensee's license may be limited to the license
3		for the specific premises where the violation occurred.
4		In lieu of suspending or revoking a license, the
5		commission may impose a fine, upon the State commission's
6		determination and notice after hearing, that a licensee has
7		violated any provision of this Act or any rule or
8		regulation issued pursuant thereto and in effect for 30
9		days prior to such violation.
10		For the purpose of this paragraph (1), when determining
11		multiple violations for the sale of alcohol to a person
12		under the age of 21, a second or subsequent violation for
13		the sale of alcohol to a person under the age of 21 shall
14		only be considered if it was committed within 5 years after
15		the date when a prior violation for the sale of alcohol to
16		a person under the age of 21 was committed.
17		The fine imposed under this paragraph may not exceed
18		$500 for each violation. Each day that the activity, which
19		gave rise to the original fine, continues is a separate
20		violation. The maximum fine that may be levied against any
21		licensee, for the period of the license, shall not exceed
22		$20,000. The maximum penalty that may be imposed on a
23		licensee for selling a bottle of alcoholic liquor with a
24		foreign object in it or serving from a bottle of alcoholic
25		liquor with a foreign object in it shall be the destruction
26		of that bottle of alcoholic liquor for the first 10 bottles

HB4137 Engrossed - 536 - LRB099 07987 AMC 28127 b
1		so sold or served from by the licensee. For the eleventh
2		bottle of alcoholic liquor and for each third bottle
3		thereafter sold or served from by the licensee with a
4		foreign object in it, the maximum penalty that may be
5		imposed on the licensee is the destruction of the bottle of
6		alcoholic liquor and a fine of up to $50.
7		(2) To adopt such rules and regulations consistent with
8		the provisions of this Act which shall be necessary to
9		carry on its functions and duties to the end that the
10		health, safety and welfare of the People of the State of
11		Illinois shall be protected and temperance in the
12		consumption of alcoholic liquors shall be fostered and
13		promoted and to distribute copies of such rules and
14		regulations to all licensees affected thereby.
15		(3) To call upon other administrative departments of
16		the State, county and municipal governments, county and
17		city police departments and upon prosecuting officers for
18		such information and assistance as it deems necessary in
19		the performance of its duties.
20		(4) To recommend to local commissioners rules and
21		regulations, not inconsistent with the law, for the
22		distribution and sale of alcoholic liquors throughout the
23		State.
24		(5) To inspect, or cause to be inspected, any premises
25		in this State where alcoholic liquors are manufactured,
26		distributed, warehoused, or sold. Nothing in this Act

HB4137 Engrossed - 537 - LRB099 07987 AMC 28127 b
1		authorizes an agent of the Commission to inspect private
2		areas within the premises without reasonable suspicion or a
3		warrant during an inspection. "Private areas" include, but
4		are not limited to, safes, personal property, and closed
5		desks.
6		(5.1) Upon receipt of a complaint or upon having
7		knowledge that any person is engaged in business as a
8		manufacturer, importing distributor, distributor, or
9		retailer without a license or valid license, to notify the
10		local liquor authority, file a complaint with the State's
11		Attorney's Office of the county where the incident
12		occurred, or initiate an investigation with the
13		appropriate law enforcement officials.
14		(5.2) To issue a cease and desist notice to persons
15		shipping alcoholic liquor into this State from a point
16		outside of this State if the shipment is in violation of
17		this Act.
18		(5.3) To receive complaints from licensees, local
19		officials, law enforcement agencies, organizations, and
20		persons stating that any licensee has been or is violating
21		any provision of this Act or the rules and regulations
22		issued pursuant to this Act. Such complaints shall be in
23		writing, signed and sworn to by the person making the
24		complaint, and shall state with specificity the facts in
25		relation to the alleged violation. If the Commission has
26		reasonable grounds to believe that the complaint

HB4137 Engrossed - 538 - LRB099 07987 AMC 28127 b
1		substantially alleges a violation of this Act or rules and
2		regulations adopted pursuant to this Act, it shall conduct
3		an investigation. If, after conducting an investigation,
4		the Commission is satisfied that the alleged violation did
5		occur, it shall proceed with disciplinary action against
6		the licensee as provided in this Act.
7		(6) To hear and determine appeals from orders of a
8		local commission in accordance with the provisions of this
9		Act, as hereinafter set forth. Hearings under this
10		subsection shall be held in Springfield or Chicago, at
11		whichever location is the more convenient for the majority
12		of persons who are parties to the hearing.
13		(7) The commission shall establish uniform systems of
14		accounts to be kept by all retail licensees having more
15		than 4 employees, and for this purpose the commission may
16		classify all retail licensees having more than 4 employees
17		and establish a uniform system of accounts for each class
18		and prescribe the manner in which such accounts shall be
19		kept. The commission may also prescribe the forms of
20		accounts to be kept by all retail licensees having more
21		than 4 employees, including but not limited to accounts of
22		earnings and expenses and any distribution, payment, or
23		other distribution of earnings or assets, and any other
24		forms, records and memoranda which in the judgment of the
25		commission may be necessary or appropriate to carry out any
26		of the provisions of this Act, including but not limited to

HB4137 Engrossed - 539 - LRB099 07987 AMC 28127 b
1		such forms, records and memoranda as will readily and
2		accurately disclose at all times the beneficial ownership
3		of such retail licensed business. The accounts, forms,
4		records and memoranda shall be available at all reasonable
5		times for inspection by authorized representatives of the
6		State commission or by any local liquor control
7		commissioner or his or her authorized representative. The
8		commission, may, from time to time, alter, amend or repeal,
9		in whole or in part, any uniform system of accounts, or the
10		form and manner of keeping accounts.
11		(8) In the conduct of any hearing authorized to be held
12		by the commission, to appoint, at the commission's
13		discretion, hearing officers to conduct hearings involving
14		complex issues or issues that will require a protracted
15		period of time to resolve, to examine, or cause to be
16		examined, under oath, any licensee, and to examine or cause
17		to be examined the books and records of such licensee; to
18		hear testimony and take proof material for its information
19		in the discharge of its duties hereunder; to administer or
20		cause to be administered oaths; for any such purpose to
21		issue subpoena or subpoenas to require the attendance of
22		witnesses and the production of books, which shall be
23		effective in any part of this State, and to adopt rules to
24		implement its powers under this paragraph (8).
25		Any Circuit Court may by order duly entered, require
26		the attendance of witnesses and the production of relevant

HB4137 Engrossed - 540 - LRB099 07987 AMC 28127 b
1		books subpoenaed by the State commission and the court may
2		compel obedience to its order by proceedings for contempt.
3		(9) To investigate the administration of laws in
4		relation to alcoholic liquors in this and other states and
5		any foreign countries, and to recommend from time to time
6		to the Governor and through him or her to the legislature
7		of this State, such amendments to this Act, if any, as it
8		may think desirable and as will serve to further the
9		general broad purposes contained in Section 1-2 hereof.
10		(10) To adopt such rules and regulations consistent
11		with the provisions of this Act which shall be necessary
12		for the control, sale or disposition of alcoholic liquor
13		damaged as a result of an accident, wreck, flood, fire or
14		other similar occurrence.
15		(11) To develop industry educational programs related
16		to responsible serving and selling, particularly in the
17		areas of overserving consumers and illegal underage
18		purchasing and consumption of alcoholic beverages.
19		(11.1) To license persons providing education and
20		training to alcohol beverage sellers and servers for
21		mandatory and non-mandatory training under the Beverage
22		Alcohol Sellers and Servers Education and Training
23		(BASSET) programs and to develop and administer a public
24		awareness program in Illinois to reduce or eliminate the
25		illegal purchase and consumption of alcoholic beverage
26		products by persons under the age of 21. Application for a

HB4137 Engrossed - 541 - LRB099 07987 AMC 28127 b
1		license shall be made on forms provided by the State
2		Commission.
3		(12) To develop and maintain a repository of license
4		and regulatory information.
5		(13) On or before January 15, 1994, the Commission
6		shall issue a written report to the Governor and General
7		Assembly that is to be based on a comprehensive study of
8		the impact on and implications for the State of Illinois of
9		Section 1926 of the Federal ADAMHA Reorganization Act of
10		1992 (Public Law 102-321). This study shall address the
11		extent to which Illinois currently complies with the
12		provisions of P.L. 102-321 and the rules promulgated
13		pursuant thereto.
14		As part of its report, the Commission shall provide the
15		following essential information:
16		(i) the number of retail distributors of tobacco
17		products, by type and geographic area, in the State;
18		(ii) the number of reported citations and
19		successful convictions, categorized by type and
20		location of retail distributor, for violation of the
21		Prevention of Tobacco Use by Minors and Sale and
22		Distribution of Tobacco Products Act and the Smokeless
23		Tobacco Limitation Act;
24		(iii) the extent and nature of organized
25		educational and governmental activities that are
26		intended to promote, encourage or otherwise secure

HB4137 Engrossed - 542 - LRB099 07987 AMC 28127 b
1		compliance with any Illinois laws that prohibit the
2		sale or distribution of tobacco products to minors; and
3		(iv) the level of access and availability of
4		tobacco products to individuals under the age of 18.
5		To obtain the data necessary to comply with the
6		provisions of P.L. 102-321 and the requirements of this
7		report, the Commission shall conduct random, unannounced
8		inspections of a geographically and scientifically
9		representative sample of the State's retail tobacco
10		distributors.
11		The Commission shall consult with the Department of
12		Public Health, the Department of Human Services, the
13		Illinois State Police and any other executive branch
14		agency, and private organizations that may have
15		information relevant to this report.
16		The Commission may contract with the Food and Drug
17		Administration of the U.S. Department of Health and Human
18		Services to conduct unannounced investigations of Illinois
19		tobacco vendors to determine compliance with federal laws
20		relating to the illegal sale of cigarettes and smokeless
21		tobacco products to persons under the age of 18.
22		(14) On or before April 30, 2008 and every 2 years
23		thereafter, the Commission shall present a written report
24		to the Governor and the General Assembly that shall be
25		based on a study of the impact of this amendatory Act of
26		the 95th General Assembly on the business of soliciting,

HB4137 Engrossed - 543 - LRB099 07987 AMC 28127 b
1		selling, and shipping wine from inside and outside of this
2		State directly to residents of this State. As part of its
3		report, the Commission shall provide all of the following
4		information:
5		(A) The amount of State excise and sales tax
6		revenues generated.
7		(B) The amount of licensing fees received.
8		(C) The number of cases of wine shipped from inside
9		and outside of this State directly to residents of this
10		State.
11		(D) The number of alcohol compliance operations
12		conducted.
13		(E) The number of winery shipper's licenses
14		issued.
15		(F) The number of each of the following: reported
16		violations; cease and desist notices issued by the
17		Commission; notices of violations issued by the
18		Commission and to the Department of Revenue; and
19		notices and complaints of violations to law
20		enforcement officials, including, without limitation,
21		the Illinois Attorney General and the U.S. Department
22		of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
23		(15) As a means to reduce the underage consumption of
24		alcoholic liquors, the Commission shall conduct alcohol
25		compliance operations to investigate whether businesses
26		that are soliciting, selling, and shipping wine from inside

HB4137 Engrossed - 544 - LRB099 07987 AMC 28127 b
1		or outside of this State directly to residents of this
2		State are licensed by this State or are selling or
3		attempting to sell wine to persons under 21 years of age in
4		violation of this Act.
5		(16) The Commission shall, in addition to notifying any
6		appropriate law enforcement agency, submit notices of
7		complaints or violations of Sections 6-29 and 6-29.1 by
8		persons who do not hold a winery shipper's license under
9		this amendatory Act to the Illinois Attorney General and to
10		the U.S. Department of Treasury's Alcohol and Tobacco Tax
11		and Trade Bureau.
12		(17) (A) A person licensed to make wine under the laws
13		of another state who has a winery shipper's license under
14		this amendatory Act and annually produces less than 25,000
15		gallons of wine or a person who has a first-class or
16		second-class wine manufacturer's license, a first-class or
17		second-class wine-maker's license, or a limited wine
18		manufacturer's license under this Act and annually
19		produces less than 25,000 gallons of wine may make
20		application to the Commission for a self-distribution
21		exemption to allow the sale of not more than 5,000 gallons
22		of the exemption holder's wine to retail licensees per
23		year.
24		(B) In the application, which shall be sworn under
25		penalty of perjury, such person shall state (1) the
26		date it was established; (2) its volume of production

HB4137 Engrossed - 545 - LRB099 07987 AMC 28127 b
1		and sales for each year since its establishment; (3)
2		its efforts to establish distributor relationships;
3		(4) that a self-distribution exemption is necessary to
4		facilitate the marketing of its wine; and (5) that it
5		will comply with the liquor and revenue laws of the
6		United States, this State, and any other state where it
7		is licensed.
8		(C) The Commission shall approve the application
9		for a self-distribution exemption if such person: (1)
10		is in compliance with State revenue and liquor laws;
11		(2) is not a member of any affiliated group that
12		produces more than 25,000 gallons of wine per annum or
13		produces any other alcoholic liquor; (3) will not
14		annually produce for sale more than 25,000 gallons of
15		wine; and (4) will not annually sell more than 5,000
16		gallons of its wine to retail licensees.
17		(D) A self-distribution exemption holder shall
18		annually certify to the Commission its production of
19		wine in the previous 12 months and its anticipated
20		production and sales for the next 12 months. The
21		Commission may fine, suspend, or revoke a
22		self-distribution exemption after a hearing if it
23		finds that the exemption holder has made a material
24		misrepresentation in its application, violated a
25		revenue or liquor law of Illinois, exceeded production
26		of 25,000 gallons of wine in any calendar year, or

HB4137 Engrossed - 546 - LRB099 07987 AMC 28127 b
1		become part of an affiliated group producing more than
2		25,000 gallons of wine or any other alcoholic liquor.
3		(E) Except in hearings for violations of this Act
4		or amendatory Act or a bona fide investigation by duly
5		sworn law enforcement officials, the Commission, or
6		its agents, the Commission shall maintain the
7		production and sales information of a
8		self-distribution exemption holder as confidential and
9		shall not release such information to any person.
10		(F) The Commission shall issue regulations
11		governing self-distribution exemptions consistent with
12		this Section and this Act.
13		(G) Nothing in this subsection (17) shall prohibit
14		a self-distribution exemption holder from entering
15		into or simultaneously having a distribution agreement
16		with a licensed Illinois distributor.
17		(H) It is the intent of this subsection (17) to
18		promote and continue orderly markets. The General
19		Assembly finds that in order to preserve Illinois'
20		regulatory distribution system it is necessary to
21		create an exception for smaller makers of wine as their
22		wines are frequently adjusted in varietals, mixes,
23		vintages, and taste to find and create market niches
24		sometimes too small for distributor or importing
25		distributor business strategies. Limited
26		self-distribution rights will afford and allow smaller

HB4137 Engrossed - 547 - LRB099 07987 AMC 28127 b
1		makers of wine access to the marketplace in order to
2		develop a customer base without impairing the
3		integrity of the 3-tier system.
4		(18) (A) A craft brewer licensee, who must also be
5		either a licensed brewer or licensed non-resident dealer
6		and annually manufacture less than 930,000 gallons of beer,
7		may make application to the Commission for a
8		self-distribution exemption to allow the sale of not more
9		than 232,500 gallons of the exemption holder's beer to
10		retail licensees per year.
11		(B) In the application, which shall be sworn under
12		penalty of perjury, the craft brewer licensee shall
13		state (1) the date it was established; (2) its volume
14		of beer manufactured and sold for each year since its
15		establishment; (3) its efforts to establish
16		distributor relationships; (4) that a
17		self-distribution exemption is necessary to facilitate
18		the marketing of its beer; and (5) that it will comply
19		with the alcoholic beverage and revenue laws of the
20		United States, this State, and any other state where it
21		is licensed.
22		(C) Any application submitted shall be posted on
23		the Commission's website at least 45 days prior to
24		action by the Commission. The Commission shall approve
25		the application for a self-distribution exemption if
26		the craft brewer licensee: (1) is in compliance with

HB4137 Engrossed - 548 - LRB099 07987 AMC 28127 b
1		the State, revenue, and alcoholic beverage laws; (2) is
2		not a member of any affiliated group that manufacturers
3		more than 930,000 gallons of beer per annum or produces
4		any other alcoholic beverages; (3) shall not annually
5		manufacture for sale more than 930,000 gallons of beer;
6		and (4) shall not annually sell more than 232,500
7		gallons of its beer to retail licensees.
8		(D) A self-distribution exemption holder shall
9		annually certify to the Commission its manufacture of
10		beer during the previous 12 months and its anticipated
11		manufacture and sales of beer for the next 12 months.
12		The Commission may fine, suspend, or revoke a
13		self-distribution exemption after a hearing if it
14		finds that the exemption holder has made a material
15		misrepresentation in its application, violated a
16		revenue or alcoholic beverage law of Illinois,
17		exceeded the manufacture of 930,000 gallons of beer in
18		any calendar year or became part of an affiliated group
19		manufacturing more than 930,000 gallons of beer or any
20		other alcoholic beverage.
21		(E) The Commission shall issue rules and
22		regulations governing self-distribution exemptions
23		consistent with this Act.
24		(F) Nothing in this paragraph (18) shall prohibit a
25		self-distribution exemption holder from entering into
26		or simultaneously having a distribution agreement with

HB4137 Engrossed - 549 - LRB099 07987 AMC 28127 b
1		a licensed Illinois importing distributor or a
2		distributor. If a self-distribution exemption holder
3		enters into a distribution agreement and has assigned
4		distribution rights to an importing distributor or
5		distributor, then the self-distribution exemption
6		holder's distribution rights in the assigned
7		territories shall cease in a reasonable time not to
8		exceed 60 days.
9		(G) It is the intent of this paragraph (18) to
10		promote and continue orderly markets. The General
11		Assembly finds that in order to preserve Illinois'
12		regulatory distribution system, it is necessary to
13		create an exception for smaller manufacturers in order
14		to afford and allow such smaller manufacturers of beer
15		access to the marketplace in order to develop a
16		customer base without impairing the integrity of the
17		3-tier system.
18		(b) On or before April 30, 1999, the Commission shall
19		present a written report to the Governor and the General
20		Assembly that shall be based on a study of the impact of this
21		amendatory Act of 1998 on the business of soliciting, selling,
22		and shipping alcoholic liquor from outside of this State
23		directly to residents of this State.
24		As part of its report, the Commission shall provide the
25		following information:
26		(i) the amount of State excise and sales tax revenues

HB4137 Engrossed - 550 - LRB099 07987 AMC 28127 b
1		generated as a result of this amendatory Act of 1998;
2		(ii) the amount of licensing fees received as a result
3		of this amendatory Act of 1998;
4		(iii) the number of reported violations, the number of
5		cease and desist notices issued by the Commission, the
6		number of notices of violations issued to the Department of
7		Revenue, and the number of notices and complaints of
8		violations to law enforcement officials.
9		(Source: P.A. 97-5, eff. 6-1-11; 98-401, eff. 8-16-13; 98-939,
10		eff. 7-1-15; 98-941, eff. 1-1-15; revised 10-6-14.)
11		(235 ILCS 5/6-15) (from Ch. 43, par. 130)
12		Sec. 6-15. No alcoholic liquors shall be sold or delivered
13		in any building belonging to or under the control of the State
14		or any political subdivision thereof except as provided in this
15		Act. The corporate authorities of any city, village,
16		incorporated town, township, or county may provide by
17		ordinance, however, that alcoholic liquor may be sold or
18		delivered in any specifically designated building belonging to
19		or under the control of the municipality, township, or county,
20		or in any building located on land under the control of the
21		municipality, township, or county; provided that such township
22		or county complies with all applicable local ordinances in any
23		incorporated area of the township or county. Alcoholic liquor
24		may be delivered to and sold under the authority of a special
25		use permit on any property owned by a conservation district

HB4137 Engrossed - 551 - LRB099 07987 AMC 28127 b
1		organized under the Conservation District Act, provided that
2		(i) the alcoholic liquor is sold only at an event authorized by
3		the governing board of the conservation district, (ii) the
4		issuance of the special use permit is authorized by the local
5		liquor control commissioner of the territory in which the
6		property is located, and (iii) the special use permit
7		authorizes the sale of alcoholic liquor for one day or less.
8		Alcoholic liquors may be delivered to and sold at any airport
9		belonging to or under the control of a municipality of more
10		than 25,000 inhabitants, or in any building or on any golf
11		course owned by a park district organized under the Park
12		District Code, subject to the approval of the governing board
13		of the district, or in any building or on any golf course owned
14		by a forest preserve district organized under the Downstate
15		Forest Preserve District Act, subject to the approval of the
16		governing board of the district, or on the grounds within 500
17		feet of any building owned by a forest preserve district
18		organized under the Downstate Forest Preserve District Act
19		during times when food is dispensed for consumption within 500
20		feet of the building from which the food is dispensed, subject
21		to the approval of the governing board of the district, or in a
22		building owned by a Local Mass Transit District organized under
23		the Local Mass Transit District Act, subject to the approval of
24		the governing Board of the District, or in Bicentennial Park,
25		or on the premises of the City of Mendota Lake Park located
26		adjacent to Route 51 in Mendota, Illinois, or on the premises

HB4137 Engrossed - 552 - LRB099 07987 AMC 28127 b
1		of Camden Park in Milan, Illinois, or in the community center
2		owned by the City of Loves Park that is located at 1000 River
3		Park Drive in Loves Park, Illinois, or, in connection with the
4		operation of an established food serving facility during times
5		when food is dispensed for consumption on the premises, and at
6		the following aquarium and museums located in public parks: Art
7		Institute of Chicago, Chicago Academy of Sciences, Chicago
8		Historical Society, Field Museum of Natural History, Museum of
9		Science and Industry, DuSable Museum of African American
10		History, John G. Shedd Aquarium and Adler Planetarium, or at
11		Lakeview Museum of Arts and Sciences in Peoria, or in
12		connection with the operation of the facilities of the Chicago
13		Zoological Society or the Chicago Horticultural Society on land
14		owned by the Forest Preserve District of Cook County, or on any
15		land used for a golf course or for recreational purposes owned
16		by the Forest Preserve District of Cook County, subject to the
17		control of the Forest Preserve District Board of Commissioners
18		and applicable local law, provided that dram shop liability
19		insurance is provided at maximum coverage limits so as to hold
20		the District harmless from all financial loss, damage, and
21		harm, or in any building located on land owned by the Chicago
22		Park District if approved by the Park District Commissioners,
23		or on any land used for a golf course or for recreational
24		purposes and owned by the Illinois International Port District
25		if approved by the District's governing board, or at any
26		airport, golf course, faculty center, or facility in which

HB4137 Engrossed - 553 - LRB099 07987 AMC 28127 b
1		conference and convention type activities take place belonging
2		to or under control of any State university or public community
3		college district, provided that with respect to a facility for
4		conference and convention type activities alcoholic liquors
5		shall be limited to the use of the convention or conference
6		participants or participants in cultural, political or
7		educational activities held in such facilities, and provided
8		further that the faculty or staff of the State university or a
9		public community college district, or members of an
10		organization of students, alumni, faculty or staff of the State
11		university or a public community college district are active
12		participants in the conference or convention, or in Memorial
13		Stadium on the campus of the University of Illinois at
14		Urbana-Champaign during games in which the Chicago Bears
15		professional football team is playing in that stadium during
16		the renovation of Soldier Field, not more than one and a half
17		hours before the start of the game and not after the end of the
18		third quarter of the game, or in the Pavilion Facility on the
19		campus of the University of Illinois at Chicago during games in
20		which the Chicago Storm professional soccer team is playing in
21		that facility, not more than one and a half hours before the
22		start of the game and not after the end of the third quarter of
23		the game, or in the Pavilion Facility on the campus of the
24		University of Illinois at Chicago during games in which the
25		WNBA professional women's basketball team is playing in that
26		facility, not more than one and a half hours before the start

HB4137 Engrossed - 554 - LRB099 07987 AMC 28127 b
1		of the game and not after the 10-minute mark of the second half
2		of the game, or by a catering establishment which has rented
3		facilities from a board of trustees of a public community
4		college district, or in a restaurant that is operated by a
5		commercial tenant in the North Campus Parking Deck building
6		that (1) is located at 1201 West University Avenue, Urbana,
7		Illinois and (2) is owned by the Board of Trustees of the
8		University of Illinois, or, if approved by the District board,
9		on land owned by the Metropolitan Sanitary District of Greater
10		Chicago and leased to others for a term of at least 20 years.
11		Nothing in this Section precludes the sale or delivery of
12		alcoholic liquor in the form of original packaged goods in
13		premises located at 500 S. Racine in Chicago belonging to the
14		University of Illinois and used primarily as a grocery store by
15		a commercial tenant during the term of a lease that predates
16		the University's acquisition of the premises; but the
17		University shall have no power or authority to renew, transfer,
18		or extend the lease with terms allowing the sale of alcoholic
19		liquor; and the sale of alcoholic liquor shall be subject to
20		all local laws and regulations. After the acquisition by
21		Winnebago County of the property located at 404 Elm Street in
22		Rockford, a commercial tenant who sold alcoholic liquor at
23		retail on a portion of the property under a valid license at
24		the time of the acquisition may continue to do so for so long
25		as the tenant and the County may agree under existing or future
26		leases, subject to all local laws and regulations regarding the

HB4137 Engrossed - 555 - LRB099 07987 AMC 28127 b
1		sale of alcoholic liquor. Alcoholic liquors may be delivered to
2		and sold at Memorial Hall, located at 211 North Main Street,
3		Rockford, under conditions approved by Winnebago County and
4		subject to all local laws and regulations regarding the sale of
5		alcoholic liquor. Each facility shall provide dram shop
6		liability in maximum insurance coverage limits so as to save
7		harmless the State, municipality, State university, airport,
8		golf course, faculty center, facility in which conference and
9		convention type activities take place, park district, Forest
10		Preserve District, public community college district,
11		aquarium, museum, or sanitary district from all financial loss,
12		damage or harm. Alcoholic liquors may be sold at retail in
13		buildings of golf courses owned by municipalities or Illinois
14		State University in connection with the operation of an
15		established food serving facility during times when food is
16		dispensed for consumption upon the premises. Alcoholic liquors
17		may be delivered to and sold at retail in any building owned by
18		a fire protection district organized under the Fire Protection
19		District Act, provided that such delivery and sale is approved
20		by the board of trustees of the district, and provided further
21		that such delivery and sale is limited to fundraising events
22		and to a maximum of 6 events per year. However, the limitation
23		to fundraising events and to a maximum of 6 events per year
24		does not apply to the delivery, sale, or manufacture of
25		alcoholic liquors at the building located at 59 Main Street in
26		Oswego, Illinois, owned by the Oswego Fire Protection District

HB4137 Engrossed - 556 - LRB099 07987 AMC 28127 b
1		if the alcoholic liquor is sold or dispensed as approved by the
2		Oswego Fire Protection District and the property is no longer
3		being utilized for fire protection purposes.
4		Alcoholic liquors may be served or sold in buildings under
5		the control of the Board of Trustees of the University of
6		Illinois for events that the Board may determine are public
7		events and not related student activities. The Board of
8		Trustees shall issue a written policy within 6 months of the
9		effective date of this amendatory Act of the 95th General
10		Assembly concerning the types of events that would be eligible
11		for an exemption. Thereafter, the Board of Trustees may issue
12		revised, updated, new, or amended policies as it deems
13		necessary and appropriate. In preparing its written policy, the
14		Board of Trustees shall, among other factors it considers
15		relevant and important, give consideration to the following:
16		(i) whether the event is a student activity or student related
17		activity; (ii) whether the physical setting of the event is
18		conducive to control of liquor sales and distribution; (iii)
19		the ability of the event operator to ensure that the sale or
20		serving of alcoholic liquors and the demeanor of the
21		participants are in accordance with State law and University
22		policies; (iv) regarding the anticipated attendees at the
23		event, the relative proportion of individuals under the age of
24		21 to individuals age 21 or older; (v) the ability of the venue
25		operator to prevent the sale or distribution of alcoholic
26		liquors to individuals under the age of 21; (vi) whether the

HB4137 Engrossed - 557 - LRB099 07987 AMC 28127 b
1		event prohibits participants from removing alcoholic beverages
2		from the venue; and (vii) whether the event prohibits
3		participants from providing their own alcoholic liquors to the
4		venue. In addition, any policy submitted by the Board of
5		Trustees to the Illinois Liquor Control Commission must require
6		that any event at which alcoholic liquors are served or sold in
7		buildings under the control of the Board of Trustees shall
8		require the prior written approval of the Office of the
9		Chancellor for the University campus where the event is
10		located. The Board of Trustees shall submit its policy, and any
11		subsequently revised, updated, new, or amended policies, to the
12		Illinois Liquor Control Commission, and any University event,
13		or location for an event, exempted under such policies shall
14		apply for a license under the applicable Sections of this Act.
15		Alcoholic liquors may be served or sold in buildings under
16		the control of the Board of Trustees of Northern Illinois
17		University for events that the Board may determine are public
18		events and not student-related activities. The Board of
19		Trustees shall issue a written policy within 6 months after
20		June 28, 2011 (the effective date of Public Act 97-45)
21		concerning the types of events that would be eligible for an
22		exemption. Thereafter, the Board of Trustees may issue revised,
23		updated, new, or amended policies as it deems necessary and
24		appropriate. In preparing its written policy, the Board of
25		Trustees shall, in addition to other factors it considers
26		relevant and important, give consideration to the following:

HB4137 Engrossed - 558 - LRB099 07987 AMC 28127 b
1		(i) whether the event is a student activity or student-related
2		activity; (ii) whether the physical setting of the event is
3		conducive to control of liquor sales and distribution; (iii)
4		the ability of the event operator to ensure that the sale or
5		serving of alcoholic liquors and the demeanor of the
6		participants are in accordance with State law and University
7		policies; (iv) the anticipated attendees at the event and the
8		relative proportion of individuals under the age of 21 to
9		individuals age 21 or older; (v) the ability of the venue
10		operator to prevent the sale or distribution of alcoholic
11		liquors to individuals under the age of 21; (vi) whether the
12		event prohibits participants from removing alcoholic beverages
13		from the venue; and (vii) whether the event prohibits
14		participants from providing their own alcoholic liquors to the
15		venue.
16		Alcoholic liquors may be served or sold in buildings under
17		the control of the Board of Trustees of Chicago State
18		University for events that the Board may determine are public
19		events and not student-related activities. The Board of
20		Trustees shall issue a written policy within 6 months after
21		August 2, 2013 (the effective date of Public Act 98-132)
22		concerning the types of events that would be eligible for an
23		exemption. Thereafter, the Board of Trustees may issue revised,
24		updated, new, or amended policies as it deems necessary and
25		appropriate. In preparing its written policy, the Board of
26		Trustees shall, in addition to other factors it considers

HB4137 Engrossed - 559 - LRB099 07987 AMC 28127 b
1		relevant and important, give consideration to the following:
2		(i) whether the event is a student activity or student-related
3		activity; (ii) whether the physical setting of the event is
4		conducive to control of liquor sales and distribution; (iii)
5		the ability of the event operator to ensure that the sale or
6		serving of alcoholic liquors and the demeanor of the
7		participants are in accordance with State law and University
8		policies; (iv) the anticipated attendees at the event and the
9		relative proportion of individuals under the age of 21 to
10		individuals age 21 or older; (v) the ability of the venue
11		operator to prevent the sale or distribution of alcoholic
12		liquors to individuals under the age of 21; (vi) whether the
13		event prohibits participants from removing alcoholic beverages
14		from the venue; and (vii) whether the event prohibits
15		participants from providing their own alcoholic liquors to the
16		venue.
17		Alcoholic liquors may be served or sold in buildings under
18		the control of the Board of Trustees of Illinois State
19		University for events that the Board may determine are public
20		events and not student-related activities. The Board of
21		Trustees shall issue a written policy within 6 months after the
22		effective date of this amendatory Act of the 97th General
23		Assembly concerning the types of events that would be eligible
24		for an exemption. Thereafter, the Board of Trustees may issue
25		revised, updated, new, or amended policies as it deems
26		necessary and appropriate. In preparing its written policy, the

HB4137 Engrossed - 560 - LRB099 07987 AMC 28127 b
1		Board of Trustees shall, in addition to other factors it
2		considers relevant and important, give consideration to the
3		following: (i) whether the event is a student activity or
4		student-related activity; (ii) whether the physical setting of
5		the event is conducive to control of liquor sales and
6		distribution; (iii) the ability of the event operator to ensure
7		that the sale or serving of alcoholic liquors and the demeanor
8		of the participants are in accordance with State law and
9		University policies; (iv) the anticipated attendees at the
10		event and the relative proportion of individuals under the age
11		of 21 to individuals age 21 or older; (v) the ability of the
12		venue operator to prevent the sale or distribution of alcoholic
13		liquors to individuals under the age of 21; (vi) whether the
14		event prohibits participants from removing alcoholic beverages
15		from the venue; and (vii) whether the event prohibits
16		participants from providing their own alcoholic liquors to the
17		venue.
18		Alcoholic liquor may be delivered to and sold at retail in
19		the Dorchester Senior Business Center owned by the Village of
20		Dolton if the alcoholic liquor is sold or dispensed only in
21		connection with organized functions for which the planned
22		attendance is 20 or more persons, and if the person or facility
23		selling or dispensing the alcoholic liquor has provided dram
24		shop liability insurance in maximum limits so as to hold
25		harmless the Village of Dolton and the State from all financial
26		loss, damage and harm.

HB4137 Engrossed - 561 - LRB099 07987 AMC 28127 b
1		Alcoholic liquors may be delivered to and sold at retail in
2		any building used as an Illinois State Armory provided:
3		(i) the Adjutant General's written consent to the
4		issuance of a license to sell alcoholic liquor in such
5		building is filed with the Commission;
6		(ii) the alcoholic liquor is sold or dispensed only in
7		connection with organized functions held on special
8		occasions;
9		(iii) the organized function is one for which the
10		planned attendance is 25 or more persons; and
11		(iv) the facility selling or dispensing the alcoholic
12		liquors has provided dram shop liability insurance in
13		maximum limits so as to save harmless the facility and the
14		State from all financial loss, damage or harm.
15		Alcoholic liquors may be delivered to and sold at retail in
16		the Chicago Civic Center, provided that:
17		(i) the written consent of the Public Building
18		Commission which administers the Chicago Civic Center is
19		filed with the Commission;
20		(ii) the alcoholic liquor is sold or dispensed only in
21		connection with organized functions held on special
22		occasions;
23		(iii) the organized function is one for which the
24		planned attendance is 25 or more persons;
25		(iv) the facility selling or dispensing the alcoholic
26		liquors has provided dram shop liability insurance in

HB4137 Engrossed - 562 - LRB099 07987 AMC 28127 b
1		maximum limits so as to hold harmless the Civic Center, the
2		City of Chicago and the State from all financial loss,
3		damage or harm; and
4		(v) all applicable local ordinances are complied with.
5		Alcoholic liquors may be delivered or sold in any building
6		belonging to or under the control of any city, village or
7		incorporated town where more than 75% of the physical
8		properties of the building is used for commercial or
9		recreational purposes, and the building is located upon a pier
10		extending into or over the waters of a navigable lake or stream
11		or on the shore of a navigable lake or stream. In accordance
12		with a license issued under this Act, alcoholic liquor may be
13		sold, served, or delivered in buildings and facilities under
14		the control of the Department of Natural Resources during
15		events or activities lasting no more than 7 continuous days
16		upon the written approval of the Director of Natural Resources
17		acting as the controlling government authority. The Director of
18		Natural Resources may specify conditions on that approval,
19		including but not limited to requirements for insurance and
20		hours of operation. Notwithstanding any other provision of this
21		Act, alcoholic liquor sold by a United States Army Corps of
22		Engineers or Department of Natural Resources concessionaire
23		who was operating on June 1, 1991 for on-premises consumption
24		only is not subject to the provisions of Articles IV and IX.
25		Beer and wine may be sold on the premises of the Joliet Park
26		District Stadium owned by the Joliet Park District when written

HB4137 Engrossed - 563 - LRB099 07987 AMC 28127 b
1		consent to the issuance of a license to sell beer and wine in
2		such premises is filed with the local liquor commissioner by
3		the Joliet Park District. Beer and wine may be sold in
4		buildings on the grounds of State veterans' homes when written
5		consent to the issuance of a license to sell beer and wine in
6		such buildings is filed with the Commission by the Department
7		of Veterans' Affairs, and the facility shall provide dram shop
8		liability in maximum insurance coverage limits so as to save
9		the facility harmless from all financial loss, damage or harm.
10		Such liquors may be delivered to and sold at any property owned
11		or held under lease by a Metropolitan Pier and Exposition
12		Authority or Metropolitan Exposition and Auditorium Authority.
13		Beer and wine may be sold and dispensed at professional
14		sporting events and at professional concerts and other
15		entertainment events conducted on premises owned by the Forest
16		Preserve District of Kane County, subject to the control of the
17		District Commissioners and applicable local law, provided that
18		dram shop liability insurance is provided at maximum coverage
19		limits so as to hold the District harmless from all financial
20		loss, damage and harm.
21		Nothing in this Section shall preclude the sale or delivery
22		of beer and wine at a State or county fair or the sale or
23		delivery of beer or wine at a city fair in any otherwise lawful
24		manner.
25		Alcoholic liquors may be sold at retail in buildings in
26		State parks under the control of the Department of Natural

HB4137 Engrossed - 564 - LRB099 07987 AMC 28127 b
1		Resources, provided:
2		a. the State park has overnight lodging facilities with
3		some restaurant facilities or, not having overnight
4		lodging facilities, has restaurant facilities which serve
5		complete luncheon and dinner or supper meals,
6		b. (blank), and
7		c. the alcoholic liquors are sold by the State park
8		lodge or restaurant concessionaire only during the hours
9		from 11 o'clock a.m. until 12 o'clock midnight.
10		Notwithstanding any other provision of this Act, alcoholic
11		liquor sold by the State park or restaurant concessionaire
12		is not subject to the provisions of Articles IV and IX.
13		Alcoholic liquors may be sold at retail in buildings on
14		properties under the control of the Historic Sites and
15		Preservation Division of the Historic Preservation Agency or
16		the Abraham Lincoln Presidential Library and Museum provided:
17		a. the property has overnight lodging facilities with
18		some restaurant facilities or, not having overnight
19		lodging facilities, has restaurant facilities which serve
20		complete luncheon and dinner or supper meals,
21		b. consent to the issuance of a license to sell
22		alcoholic liquors in the buildings has been filed with the
23		commission by the Historic Sites and Preservation Division
24		of the Historic Preservation Agency or the Abraham Lincoln
25		Presidential Library and Museum, and
26		c. the alcoholic liquors are sold by the lodge or

HB4137 Engrossed - 565 - LRB099 07987 AMC 28127 b
1		restaurant concessionaire only during the hours from 11
2		o'clock a.m. until 12 o'clock midnight.
3		The sale of alcoholic liquors pursuant to this Section does
4		not authorize the establishment and operation of facilities
5		commonly called taverns, saloons, bars, cocktail lounges, and
6		the like except as a part of lodge and restaurant facilities in
7		State parks or golf courses owned by Forest Preserve Districts
8		with a population of less than 3,000,000 or municipalities or
9		park districts.
10		Alcoholic liquors may be sold at retail in the Springfield
11		Administration Building of the Department of Transportation
12		and the Illinois State Armory in Springfield; provided, that
13		the controlling government authority may consent to such sales
14		only if
15		a. the request is from a not-for-profit organization;
16		b. such sales would not impede normal operations of the
17		departments involved;
18		c. the not-for-profit organization provides dram shop
19		liability in maximum insurance coverage limits and agrees
20		to defend, save harmless and indemnify the State of
21		Illinois from all financial loss, damage or harm;
22		d. no such sale shall be made during normal working
23		hours of the State of Illinois; and
24		e. the consent is in writing.
25		Alcoholic liquors may be sold at retail in buildings in
26		recreational areas of river conservancy districts under the

HB4137 Engrossed - 566 - LRB099 07987 AMC 28127 b
1		control of, or leased from, the river conservancy districts.
2		Such sales are subject to reasonable local regulations as
3		provided in Article IV; however, no such regulations may
4		prohibit or substantially impair the sale of alcoholic liquors
5		on Sundays or Holidays.
6		Alcoholic liquors may be provided in long term care
7		facilities owned or operated by a county under Division 5-21 or
8		5-22 of the Counties Code, when approved by the facility
9		operator and not in conflict with the regulations of the
10		Illinois Department of Public Health, to residents of the
11		facility who have had their consumption of the alcoholic
12		liquors provided approved in writing by a physician licensed to
13		practice medicine in all its branches.
14		Alcoholic liquors may be delivered to and dispensed in
15		State housing assigned to employees of the Department of
16		Corrections. No person shall furnish or allow to be furnished
17		any alcoholic liquors to any prisoner confined in any jail,
18		reformatory, prison or house of correction except upon a
19		physician's prescription for medicinal purposes.
20		Alcoholic liquors may be sold at retail or dispensed at the
21		Willard Ice Building in Springfield, at the State Library in
22		Springfield, and at Illinois State Museum facilities by (1) an
23		agency of the State, whether legislative, judicial or
24		executive, provided that such agency first obtains written
25		permission to sell or dispense alcoholic liquors from the
26		controlling government authority, or by (2) a not-for-profit

HB4137 Engrossed - 567 - LRB099 07987 AMC 28127 b
1		organization, provided that such organization:
2		a. Obtains written consent from the controlling
3		government authority;
4		b. Sells or dispenses the alcoholic liquors in a manner
5		that does not impair normal operations of State offices
6		located in the building;
7		c. Sells or dispenses alcoholic liquors only in
8		connection with an official activity in the building;
9		d. Provides, or its catering service provides, dram
10		shop liability insurance in maximum coverage limits and in
11		which the carrier agrees to defend, save harmless and
12		indemnify the State of Illinois from all financial loss,
13		damage or harm arising out of the selling or dispensing of
14		alcoholic liquors.
15		Nothing in this Act shall prevent a not-for-profit
16		organization or agency of the State from employing the services
17		of a catering establishment for the selling or dispensing of
18		alcoholic liquors at authorized functions.
19		The controlling government authority for the Willard Ice
20		Building in Springfield shall be the Director of the Department
21		of Revenue. The controlling government authority for Illinois
22		State Museum facilities shall be the Director of the Illinois
23		State Museum. The controlling government authority for the
24		State Library in Springfield shall be the Secretary of State.
25		Alcoholic liquors may be delivered to and sold at retail or
26		dispensed at any facility, property or building under the

HB4137 Engrossed - 568 - LRB099 07987 AMC 28127 b
1		jurisdiction of the Historic Sites and Preservation Division of
2		the Historic Preservation Agency or the Abraham Lincoln
3		Presidential Library and Museum where the delivery, sale or
4		dispensing is by (1) an agency of the State, whether
5		legislative, judicial or executive, provided that such agency
6		first obtains written permission to sell or dispense alcoholic
7		liquors from a controlling government authority, or by (2) an
8		individual or organization provided that such individual or
9		organization:
10		a. Obtains written consent from the controlling
11		government authority;
12		b. Sells or dispenses the alcoholic liquors in a manner
13		that does not impair normal workings of State offices or
14		operations located at the facility, property or building;
15		c. Sells or dispenses alcoholic liquors only in
16		connection with an official activity of the individual or
17		organization in the facility, property or building;
18		d. Provides, or its catering service provides, dram
19		shop liability insurance in maximum coverage limits and in
20		which the carrier agrees to defend, save harmless and
21		indemnify the State of Illinois from all financial loss,
22		damage or harm arising out of the selling or dispensing of
23		alcoholic liquors.
24		The controlling government authority for the Historic
25		Sites and Preservation Division of the Historic Preservation
26		Agency shall be the Director of the Historic Sites and

HB4137 Engrossed - 569 - LRB099 07987 AMC 28127 b
1		Preservation, and the controlling government authority for the
2		Abraham Lincoln Presidential Library and Museum shall be the
3		Director of the Abraham Lincoln Presidential Library and
4		Museum.
5		Alcoholic liquors may be delivered to and sold at retail or
6		dispensed for consumption at the Michael Bilandic Building at
7		160 North LaSalle Street, Chicago IL 60601, after the normal
8		business hours of any day care or child care facility located
9		in the building, by (1) a commercial tenant or subtenant
10		conducting business on the premises under a lease made pursuant
11		to Section 405-315 of the Department of Central Management
12		Services Law (20 ILCS 405/405-315), provided that such tenant
13		or subtenant who accepts delivery of, sells, or dispenses
14		alcoholic liquors shall procure and maintain dram shop
15		liability insurance in maximum coverage limits and in which the
16		carrier agrees to defend, indemnify, and save harmless the
17		State of Illinois from all financial loss, damage, or harm
18		arising out of the delivery, sale, or dispensing of alcoholic
19		liquors, or by (2) an agency of the State, whether legislative,
20		judicial, or executive, provided that such agency first obtains
21		written permission to accept delivery of and sell or dispense
22		alcoholic liquors from the Director of Central Management
23		Services, or by (3) a not-for-profit organization, provided
24		that such organization:
25		a. obtains written consent from the Department of
26		Central Management Services;

HB4137 Engrossed - 570 - LRB099 07987 AMC 28127 b
1		b. accepts delivery of and sells or dispenses the
2		alcoholic liquors in a manner that does not impair normal
3		operations of State offices located in the building;
4		c. accepts delivery of and sells or dispenses alcoholic
5		liquors only in connection with an official activity in the
6		building; and
7		d. provides, or its catering service provides, dram
8		shop liability insurance in maximum coverage limits and in
9		which the carrier agrees to defend, save harmless, and
10		indemnify the State of Illinois from all financial loss,
11		damage, or harm arising out of the selling or dispensing of
12		alcoholic liquors.
13		Nothing in this Act shall prevent a not-for-profit
14		organization or agency of the State from employing the services
15		of a catering establishment for the selling or dispensing of
16		alcoholic liquors at functions authorized by the Director of
17		Central Management Services.
18		Alcoholic liquors may be sold at retail or dispensed at the
19		James R. Thompson Center in Chicago, subject to the provisions
20		of Section 7.4 of the State Property Control Act, and 222 South
21		College Street in Springfield, Illinois by (1) a commercial
22		tenant or subtenant conducting business on the premises under a
23		lease or sublease made pursuant to Section 405-315 of the
24		Department of Central Management Services Law (20 ILCS
25		405/405-315), provided that such tenant or subtenant who sells
26		or dispenses alcoholic liquors shall procure and maintain dram

HB4137 Engrossed - 571 - LRB099 07987 AMC 28127 b
1		shop liability insurance in maximum coverage limits and in
2		which the carrier agrees to defend, indemnify and save harmless
3		the State of Illinois from all financial loss, damage or harm
4		arising out of the sale or dispensing of alcoholic liquors, or
5		by (2) an agency of the State, whether legislative, judicial or
6		executive, provided that such agency first obtains written
7		permission to sell or dispense alcoholic liquors from the
8		Director of Central Management Services, or by (3) a
9		not-for-profit organization, provided that such organization:
10		a. Obtains written consent from the Department of
11		Central Management Services;
12		b. Sells or dispenses the alcoholic liquors in a manner
13		that does not impair normal operations of State offices
14		located in the building;
15		c. Sells or dispenses alcoholic liquors only in
16		connection with an official activity in the building;
17		d. Provides, or its catering service provides, dram
18		shop liability insurance in maximum coverage limits and in
19		which the carrier agrees to defend, save harmless and
20		indemnify the State of Illinois from all financial loss,
21		damage or harm arising out of the selling or dispensing of
22		alcoholic liquors.
23		Nothing in this Act shall prevent a not-for-profit
24		organization or agency of the State from employing the services
25		of a catering establishment for the selling or dispensing of
26		alcoholic liquors at functions authorized by the Director of

HB4137 Engrossed - 572 - LRB099 07987 AMC 28127 b
1		Central Management Services.
2		Alcoholic liquors may be sold or delivered at any facility
3		owned by the Illinois Sports Facilities Authority provided that
4		dram shop liability insurance has been made available in a
5		form, with such coverage and in such amounts as the Authority
6		reasonably determines is necessary.
7		Alcoholic liquors may be sold at retail or dispensed at the
8		Rockford State Office Building by (1) an agency of the State,
9		whether legislative, judicial or executive, provided that such
10		agency first obtains written permission to sell or dispense
11		alcoholic liquors from the Department of Central Management
12		Services, or by (2) a not-for-profit organization, provided
13		that such organization:
14		a. Obtains written consent from the Department of
15		Central Management Services;
16		b. Sells or dispenses the alcoholic liquors in a manner
17		that does not impair normal operations of State offices
18		located in the building;
19		c. Sells or dispenses alcoholic liquors only in
20		connection with an official activity in the building;
21		d. Provides, or its catering service provides, dram
22		shop liability insurance in maximum coverage limits and in
23		which the carrier agrees to defend, save harmless and
24		indemnify the State of Illinois from all financial loss,
25		damage or harm arising out of the selling or dispensing of
26		alcoholic liquors.

HB4137 Engrossed - 573 - LRB099 07987 AMC 28127 b
1		Nothing in this Act shall prevent a not-for-profit
2		organization or agency of the State from employing the services
3		of a catering establishment for the selling or dispensing of
4		alcoholic liquors at functions authorized by the Department of
5		Central Management Services.
6		Alcoholic liquors may be sold or delivered in a building
7		that is owned by McLean County, situated on land owned by the
8		county in the City of Bloomington, and used by the McLean
9		County Historical Society if the sale or delivery is approved
10		by an ordinance adopted by the county board, and the
11		municipality in which the building is located may not prohibit
12		that sale or delivery, notwithstanding any other provision of
13		this Section. The regulation of the sale and delivery of
14		alcoholic liquor in a building that is owned by McLean County,
15		situated on land owned by the county, and used by the McLean
16		County Historical Society as provided in this paragraph is an
17		exclusive power and function of the State and is a denial and
18		limitation under Article VII, Section 6, subsection (h) of the
19		Illinois Constitution of the power of a home rule municipality
20		to regulate that sale and delivery.
21		Alcoholic liquors may be sold or delivered in any building
22		situated on land held in trust for any school district
23		organized under Article 34 of the School Code, if the building
24		is not used for school purposes and if the sale or delivery is
25		approved by the board of education.
26		Alcoholic liquors may be delivered to and sold at retail in

HB4137 Engrossed - 574 - LRB099 07987 AMC 28127 b
1		any building owned by the Six Mile Regional Library District,
2		provided that the delivery and sale is approved by the board of
3		trustees of the Six Mile Regional Library District and the
4		delivery and sale is limited to a maximum of 6 library district
5		events per year. The Six Mile Regional Library District shall
6		provide dram shop liability in maximum insurance coverage
7		limits so as to save harmless the library district from all
8		financial loss, damage, or harm.
9		Alcoholic liquors may be sold or delivered in buildings
10		owned by the Community Building Complex Committee of Boone
11		County, Illinois if the person or facility selling or
12		dispensing the alcoholic liquor has provided dram shop
13		liability insurance with coverage and in amounts that the
14		Committee reasonably determines are necessary.
15		Alcoholic liquors may be sold or delivered in the building
16		located at 1200 Centerville Avenue in Belleville, Illinois and
17		occupied by either the Belleville Area Special Education
18		District or the Belleville Area Special Services Cooperative.
19		Alcoholic liquors may be delivered to and sold at the Louis
20		Joliet Renaissance Center, City Center Campus, located at 214
21		N. Ottawa Street, Joliet, and the Food Services/Culinary Arts
22		Department facilities, Main Campus, located at 1215 Houbolt
23		Road, Joliet, owned by or under the control of Joliet Junior
24		College, Illinois Community College District No. 525.
25		Alcoholic liquors may be delivered to and sold at Triton
26		College, Illinois Community College District No. 504.

HB4137 Engrossed - 575 - LRB099 07987 AMC 28127 b
1		Alcoholic liquors may be delivered to and sold at the
2		College of DuPage, Illinois Community College District No. 502.
3		Alcoholic liquors may be delivered to and sold at the
4		building located at 446 East Hickory Avenue in Apple River,
5		Illinois, owned by the Apple River Fire Protection District,
6		and occupied by the Apple River Community Association if the
7		alcoholic liquor is sold or dispensed only in connection with
8		organized functions approved by the Apple River Community
9		Association for which the planned attendance is 20 or more
10		persons and if the person or facility selling or dispensing the
11		alcoholic liquor has provided dram shop liability insurance in
12		maximum limits so as to hold harmless the Apple River Fire
13		Protection District, the Village of Apple River, and the Apple
14		River Community Association from all financial loss, damage,
15		and harm.
16		Alcoholic liquors may be delivered to and sold at the Sikia
17		Restaurant, Kennedy King College Campus, located at 740 West
18		63rd Street, Chicago, and at the Food Services in the Great
19		Hall/Washburne Culinary Institute Department facility, Kennedy
20		King College Campus, located at 740 West 63rd Street, Chicago,
21		owned by or under the control of City Colleges of Chicago,
22		Illinois Community College District No. 508.
23		(Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51,
24		eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11;
25		97-395, eff. 8-16-11; 97-813, eff. 7-13-12; 97-1166, eff.
26		3-1-13; 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; 98-692, eff.

HB4137 Engrossed - 576 - LRB099 07987 AMC 28127 b
1		7-1-14; 98-756, eff. 7-16-14; 98-1092, eff. 8-26-14; revised
2		10-3-14.)
3		(235 ILCS 5/6-36)
4		Sec. 6-36. Homemade brewed beverages.
5		(a) No license or permit is required under this Act for the
6		making of homemade brewed beverages or for the possession,
7		transportation, or storage of homemade brewed beverages by any
8		person 21 years of age or older, if all of the following apply:
9		(1) the person who makes the homemade brewed beverages
10		receives no compensation;
11		(2) the homemade brewed beverages are is not sold or
12		offered for sale; and
13		(3) the total quantity of homemade brewed beverages
14		made, in a calendar year, by the person does not exceed 100
15		gallons if the household has only one person 21 years of
16		age or older or 200 gallons if the household has 2 or more
17		persons 21 years of age or older.
18		(b) A person who makes, possesses, transports, or stores
19		homemade brewed beverages in compliance with the limitations
20		specified in subsection (a) is not a brewer, craft brewer,
21		wholesaler, retailer, or a manufacturer of beer for the
22		purposes of this Act.
23		(c) Homemade brewed beverages made in compliance with the
24		limitations specified in subsection (a) may be consumed by the
25		person who made it and his or her family, neighbors, and

HB4137 Engrossed - 577 - LRB099 07987 AMC 28127 b
1		friends at any private residence or other private location
2		where the possession and consumption of alcohol are is
3		permissible under this Act, local ordinances, and other
4		applicable law, provided that the homemade brewed beverages are
5		not made available for consumption by the general public.
6		(d) Homemade brewed beverages made in compliance with the
7		limitations specified in subsection (a) may be used for
8		purposes of a public exhibition, demonstration, tasting, or
9		sampling with sampling sizes as authorized by Section 6-31, if
10		the event is held at a private residence or at a location other
11		than a retail licensed premises. If the public event is not
12		held at a private residence, the event organizer shall obtain a
13		homebrewer special event permit for each location, and is
14		subject to the provisions in subsection (a) of Section 6-21.
15		Homemade brewed beverages used for purposes described in this
16		subsection (d), including the submission or consumption of the
17		homemade brewed beverages, are not considered sold or offered
18		for sale under this Act. A public exhibition, demonstration,
19		tasting, or sampling with sampling sizes as authorized by
20		Section 6-31 held by a licensee on a location other than a
21		retail licensed premises may require an admission charge to the
22		event, but no separate or additional fee may be charged for the
23		consumption of a person's homemade brewed beverages at the
24		public exhibition, demonstration, tasting, or sampling with
25		sampling sizes as authorized by Section 6-31. Event admission
26		charges that are collected may be partially used to provide

HB4137 Engrossed - 578 - LRB099 07987 AMC 28127 b
1		prizes to makers of homemade brewed beverages, but the
2		admission charges may not be divided in any fashion among the
3		makers of the homemade brewed beverages who participate in the
4		event. Homemade brewed beverages used for purposes described in
5		this subsection (d) are not considered sold or offered for sale
6		under this Act if a maker of homemade brewed beverages receives
7		free event admission or discounted event admission in return
8		for the maker's donation of the homemade brewed beverages to an
9		event specified in this subsection (d) that collects event
10		admission charges; free admission or discounted admission to
11		the event is not considered compensation under this Act. No
12		admission fee and no charge for the consumption of a person's
13		homemade brewed beverage may be collected if the public
14		exhibition, demonstration, tasting, or sampling with sampling
15		sizes as authorized by Section 6-31 is held at a private
16		residence.
17		(e) A person who is not a licensee under this Act may at a
18		private residence, and a person who is a licensee under this
19		Act may on the licensed premises, conduct, sponsor, or host a
20		contest, competition, or other event for the exhibition,
21		demonstration, judging, tasting, or sampling of homemade
22		brewed beverages made in compliance with the limitations
23		specified in subsection (a), if the person does not sell the
24		homemade brewed beverages and, unless the person is the brewer
25		of the homemade brewed beverages, does not acquire any
26		ownership interest in the homemade brewed beverages. If the

HB4137 Engrossed - 579 - LRB099 07987 AMC 28127 b
1		contest, competition, exhibition, demonstration, or judging is
2		not held at a private residence, the consumption of the
3		homemade brewed beverages is limited to qualified judges and
4		stewards as defined by a national or international beer judging
5		program, who are identified by the event organizer in advance
6		of the contest, competition, exhibition, demonstration, or
7		judging. Homemade brewed beverages used for the purposes
8		described in this subsection (e), including the submission or
9		consumption of the homemade brewed beverages, are not
10		considered sold or offered for sale under this Act and any
11		prize awarded at a contest or competition or as a result of an
12		exhibition, demonstration, or judging is not considered
13		compensation under this Act. An exhibition, demonstration,
14		judging, contest, or competition held by a licensee on a
15		licensed premises may require an admission charge to the event,
16		but no separate or additional fee may be charged for the
17		consumption of a person's homemade brewed beverage at the
18		exhibition, demonstration, judging, contest, or competition. A
19		portion of event admission charges that are collected may be
20		used to provide prizes to makers of homemade brewed beverages,
21		but the admission charges may not be divided in any fashion
22		among the makers of the homemade brewed beverages who
23		participate in the event. Homemade brewed beverages used for
24		purposes described in this subsection (e) are not considered
25		sold or offered for sale under this Act if a maker of homemade
26		brewed beverages receives free event admission or discounted

HB4137 Engrossed - 580 - LRB099 07987 AMC 28127 b
1		event admission in return for the maker's donation of the
2		homemade brewed beverages to an event specified in this
3		subsection (e) that collects event admission charges; free
4		admission or discounted admission to the event is not
5		considered compensation under this Act. No admission fee and no
6		charge for the consumption of a person's homemade brewed
7		beverage may be charged if the exhibition, demonstration,
8		judging, contest, or competition is held at a private
9		residence. The fact that a person is acting in a manner
10		authorized by this Section is not, by itself, sufficient to
11		constitute a public nuisance under Section 10-7 of this Act. If
12		the contest, competition, or other event is held on licensed
13		premises, the licensee may allow the homemade brewed beverages
14		to be stored on the premises if the homemade brewed beverages
15		are clearly identified and , kept separate from any alcohol
16		beverages owned by the licensee. If the contest, competition,
17		or other event is held on licensed premises, other provisions
18		of this Act not inconsistent with this Section apply.
19		(f) A commercial enterprise engaged primarily in selling
20		supplies and equipment to the public for use by homebrewers may
21		manufacture homemade brewed beverages for the purpose of
22		tasting the homemade brewed beverages at the location of the
23		commercial enterprise, provided that the homemade brewed
24		beverages are not sold or offered for sale. Homemade brewed
25		beverages provided at a commercial enterprise for tasting under
26		this subsection (f) shall be in compliance with Sections 6-16,

HB4137 Engrossed - 581 - LRB099 07987 AMC 28127 b
1		6-21, and 6-31 of this Act. A commercial enterprise engaged
2		solely in selling supplies and equipment for use by homebrewers
3		shall not be required to secure a license under this Act,
4		however, such commercial enterprise shall secure liquor
5		liability insurance coverage in an amount at least equal to the
6		maximum liability amounts set forth in subsection (a) of
7		Section 6-21 of this Act.
8		(g) Homemade brewed beverages are not subject to Section
9		8-1 of this Act.
10		(Source: P.A. 98-55, eff. 7-5-13; revised 11-26-14.)
11		Section 340. The Illinois Public Aid Code is amended by
12		changing Sections 5-5, 5-5.2, 5A-5, and 5A-8 and by setting
13		forth and renumbering multiple versions of Section 12-4.47 as
14		follows:
15		(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
16		Sec. 5-5. Medical services. The Illinois Department, by
17		rule, shall determine the quantity and quality of and the rate
18		of reimbursement for the medical assistance for which payment
19		will be authorized, and the medical services to be provided,
20		which may include all or part of the following: (1) inpatient
21		hospital services; (2) outpatient hospital services; (3) other
22		laboratory and X-ray services; (4) skilled nursing home
23		services; (5) physicians' services whether furnished in the
24		office, the patient's home, a hospital, a skilled nursing home,

HB4137 Engrossed - 582 - LRB099 07987 AMC 28127 b
1		or elsewhere; (6) medical care, or any other type of remedial
2		care furnished by licensed practitioners; (7) home health care
3		services; (8) private duty nursing service; (9) clinic
4		services; (10) dental services, including prevention and
5		treatment of periodontal disease and dental caries disease for
6		pregnant women, provided by an individual licensed to practice
7		dentistry or dental surgery; for purposes of this item (10),
8		"dental services" means diagnostic, preventive, or corrective
9		procedures provided by or under the supervision of a dentist in
10		the practice of his or her profession; (11) physical therapy
11		and related services; (12) prescribed drugs, dentures, and
12		prosthetic devices; and eyeglasses prescribed by a physician
13		skilled in the diseases of the eye, or by an optometrist,
14		whichever the person may select; (13) other diagnostic,
15		screening, preventive, and rehabilitative services, including
16		to ensure that the individual's need for intervention or
17		treatment of mental disorders or substance use disorders or
18		co-occurring mental health and substance use disorders is
19		determined using a uniform screening, assessment, and
20		evaluation process inclusive of criteria, for children and
21		adults; for purposes of this item (13), a uniform screening,
22		assessment, and evaluation process refers to a process that
23		includes an appropriate evaluation and, as warranted, a
24		referral; "uniform" does not mean the use of a singular
25		instrument, tool, or process that all must utilize; (14)
26		transportation and such other expenses as may be necessary;

HB4137 Engrossed - 583 - LRB099 07987 AMC 28127 b
1		(15) medical treatment of sexual assault survivors, as defined
2		in Section 1a of the Sexual Assault Survivors Emergency
3		Treatment Act, for injuries sustained as a result of the sexual
4		assault, including examinations and laboratory tests to
5		discover evidence which may be used in criminal proceedings
6		arising from the sexual assault; (16) the diagnosis and
7		treatment of sickle cell anemia; and (17) any other medical
8		care, and any other type of remedial care recognized under the
9		laws of this State, but not including abortions, or induced
10		miscarriages or premature births, unless, in the opinion of a
11		physician, such procedures are necessary for the preservation
12		of the life of the woman seeking such treatment, or except an
13		induced premature birth intended to produce a live viable child
14		and such procedure is necessary for the health of the mother or
15		her unborn child. The Illinois Department, by rule, shall
16		prohibit any physician from providing medical assistance to
17		anyone eligible therefor under this Code where such physician
18		has been found guilty of performing an abortion procedure in a
19		wilful and wanton manner upon a woman who was not pregnant at
20		the time such abortion procedure was performed. The term "any
21		other type of remedial care" shall include nursing care and
22		nursing home service for persons who rely on treatment by
23		spiritual means alone through prayer for healing.
24		Notwithstanding any other provision of this Section, a
25		comprehensive tobacco use cessation program that includes
26		purchasing prescription drugs or prescription medical devices

HB4137 Engrossed - 584 - LRB099 07987 AMC 28127 b
1		approved by the Food and Drug Administration shall be covered
2		under the medical assistance program under this Article for
3		persons who are otherwise eligible for assistance under this
4		Article.
5		Notwithstanding any other provision of this Code, the
6		Illinois Department may not require, as a condition of payment
7		for any laboratory test authorized under this Article, that a
8		physician's handwritten signature appear on the laboratory
9		test order form. The Illinois Department may, however, impose
10		other appropriate requirements regarding laboratory test order
11		documentation.
12		Upon receipt of federal approval of an amendment to the
13		Illinois Title XIX State Plan for this purpose, the Department
14		shall authorize the Chicago Public Schools (CPS) to procure a
15		vendor or vendors to manufacture eyeglasses for individuals
16		enrolled in a school within the CPS system. CPS shall ensure
17		that its vendor or vendors are enrolled as providers in the
18		medical assistance program and in any capitated Medicaid
19		managed care entity (MCE) serving individuals enrolled in a
20		school within the CPS system. Under any contract procured under
21		this provision, the vendor or vendors must serve only
22		individuals enrolled in a school within the CPS system. Claims
23		for services provided by CPS's vendor or vendors to recipients
24		of benefits in the medical assistance program under this Code,
25		the Children's Health Insurance Program, or the Covering ALL
26		KIDS Health Insurance Program shall be submitted to the

HB4137 Engrossed - 585 - LRB099 07987 AMC 28127 b
1		Department or the MCE in which the individual is enrolled for
2		payment and shall be reimbursed at the Department's or the
3		MCE's established rates or rate methodologies for eyeglasses.
4		On and after July 1, 2012, the Department of Healthcare and
5		Family Services may provide the following services to persons
6		eligible for assistance under this Article who are
7		participating in education, training or employment programs
8		operated by the Department of Human Services as successor to
9		the Department of Public Aid:
10		(1) dental services provided by or under the
11		supervision of a dentist; and
12		(2) eyeglasses prescribed by a physician skilled in the
13		diseases of the eye, or by an optometrist, whichever the
14		person may select.
15		Notwithstanding any other provision of this Code and
16		subject to federal approval, the Department may adopt rules to
17		allow a dentist who is volunteering his or her service at no
18		cost to render dental services through an enrolled
19		not-for-profit health clinic without the dentist personally
20		enrolling as a participating provider in the medical assistance
21		program. A not-for-profit health clinic shall include a public
22		health clinic or Federally Qualified Health Center or other
23		enrolled provider, as determined by the Department, through
24		which dental services covered under this Section are performed.
25		The Department shall establish a process for payment of claims
26		for reimbursement for covered dental services rendered under

HB4137 Engrossed - 586 - LRB099 07987 AMC 28127 b
1		this provision.
2		The Illinois Department, by rule, may distinguish and
3		classify the medical services to be provided only in accordance
4		with the classes of persons designated in Section 5-2.
5		The Department of Healthcare and Family Services must
6		provide coverage and reimbursement for amino acid-based
7		elemental formulas, regardless of delivery method, for the
8		diagnosis and treatment of (i) eosinophilic disorders and (ii)
9		short bowel syndrome when the prescribing physician has issued
10		a written order stating that the amino acid-based elemental
11		formula is medically necessary.
12		The Illinois Department shall authorize the provision of,
13		and shall authorize payment for, screening by low-dose
14		mammography for the presence of occult breast cancer for women
15		35 years of age or older who are eligible for medical
16		assistance under this Article, as follows:
17		(A) A baseline mammogram for women 35 to 39 years of
18		age.
19		(B) An annual mammogram for women 40 years of age or
20		older.
21		(C) A mammogram at the age and intervals considered
22		medically necessary by the woman's health care provider for
23		women under 40 years of age and having a family history of
24		breast cancer, prior personal history of breast cancer,
25		positive genetic testing, or other risk factors.
26		(D) A comprehensive ultrasound screening of an entire

HB4137 Engrossed - 587 - LRB099 07987 AMC 28127 b
1		breast or breasts if a mammogram demonstrates
2		heterogeneous or dense breast tissue, when medically
3		necessary as determined by a physician licensed to practice
4		medicine in all of its branches.
5		All screenings shall include a physical breast exam,
6		instruction on self-examination and information regarding the
7		frequency of self-examination and its value as a preventative
8		tool. For purposes of this Section, "low-dose mammography"
9		means the x-ray examination of the breast using equipment
10		dedicated specifically for mammography, including the x-ray
11		tube, filter, compression device, and image receptor, with an
12		average radiation exposure delivery of less than one rad per
13		breast for 2 views of an average size breast. The term also
14		includes digital mammography.
15		On and after January 1, 2012, providers participating in a
16		quality improvement program approved by the Department shall be
17		reimbursed for screening and diagnostic mammography at the same
18		rate as the Medicare program's rates, including the increased
19		reimbursement for digital mammography.
20		The Department shall convene an expert panel including
21		representatives of hospitals, free-standing mammography
22		facilities, and doctors, including radiologists, to establish
23		quality standards.
24		Subject to federal approval, the Department shall
25		establish a rate methodology for mammography at federally
26		qualified health centers and other encounter-rate clinics.

HB4137 Engrossed - 588 - LRB099 07987 AMC 28127 b
1		These clinics or centers may also collaborate with other
2		hospital-based mammography facilities.
3		The Department shall establish a methodology to remind
4		women who are age-appropriate for screening mammography, but
5		who have not received a mammogram within the previous 18
6		months, of the importance and benefit of screening mammography.
7		The Department shall establish a performance goal for
8		primary care providers with respect to their female patients
9		over age 40 receiving an annual mammogram. This performance
10		goal shall be used to provide additional reimbursement in the
11		form of a quality performance bonus to primary care providers
12		who meet that goal.
13		The Department shall devise a means of case-managing or
14		patient navigation for beneficiaries diagnosed with breast
15		cancer. This program shall initially operate as a pilot program
16		in areas of the State with the highest incidence of mortality
17		related to breast cancer. At least one pilot program site shall
18		be in the metropolitan Chicago area and at least one site shall
19		be outside the metropolitan Chicago area. An evaluation of the
20		pilot program shall be carried out measuring health outcomes
21		and cost of care for those served by the pilot program compared
22		to similarly situated patients who are not served by the pilot
23		program.
24		Any medical or health care provider shall immediately
25		recommend, to any pregnant woman who is being provided prenatal
26		services and is suspected of drug abuse or is addicted as

HB4137 Engrossed - 589 - LRB099 07987 AMC 28127 b
1		defined in the Alcoholism and Other Drug Abuse and Dependency
2		Act, referral to a local substance abuse treatment provider
3		licensed by the Department of Human Services or to a licensed
4		hospital which provides substance abuse treatment services.
5		The Department of Healthcare and Family Services shall assure
6		coverage for the cost of treatment of the drug abuse or
7		addiction for pregnant recipients in accordance with the
8		Illinois Medicaid Program in conjunction with the Department of
9		Human Services.
10		All medical providers providing medical assistance to
11		pregnant women under this Code shall receive information from
12		the Department on the availability of services under the Drug
13		Free Families with a Future or any comparable program providing
14		case management services for addicted women, including
15		information on appropriate referrals for other social services
16		that may be needed by addicted women in addition to treatment
17		for addiction.
18		The Illinois Department, in cooperation with the
19		Departments of Human Services (as successor to the Department
20		of Alcoholism and Substance Abuse) and Public Health, through a
21		public awareness campaign, may provide information concerning
22		treatment for alcoholism and drug abuse and addiction, prenatal
23		health care, and other pertinent programs directed at reducing
24		the number of drug-affected infants born to recipients of
25		medical assistance.
26		Neither the Department of Healthcare and Family Services

HB4137 Engrossed - 590 - LRB099 07987 AMC 28127 b
1		nor the Department of Human Services shall sanction the
2		recipient solely on the basis of her substance abuse.
3		The Illinois Department shall establish such regulations
4		governing the dispensing of health services under this Article
5		as it shall deem appropriate. The Department should seek the
6		advice of formal professional advisory committees appointed by
7		the Director of the Illinois Department for the purpose of
8		providing regular advice on policy and administrative matters,
9		information dissemination and educational activities for
10		medical and health care providers, and consistency in
11		procedures to the Illinois Department.
12		The Illinois Department may develop and contract with
13		Partnerships of medical providers to arrange medical services
14		for persons eligible under Section 5-2 of this Code.
15		Implementation of this Section may be by demonstration projects
16		in certain geographic areas. The Partnership shall be
17		represented by a sponsor organization. The Department, by rule,
18		shall develop qualifications for sponsors of Partnerships.
19		Nothing in this Section shall be construed to require that the
20		sponsor organization be a medical organization.
21		The sponsor must negotiate formal written contracts with
22		medical providers for physician services, inpatient and
23		outpatient hospital care, home health services, treatment for
24		alcoholism and substance abuse, and other services determined
25		necessary by the Illinois Department by rule for delivery by
26		Partnerships. Physician services must include prenatal and

HB4137 Engrossed - 591 - LRB099 07987 AMC 28127 b
1		obstetrical care. The Illinois Department shall reimburse
2		medical services delivered by Partnership providers to clients
3		in target areas according to provisions of this Article and the
4		Illinois Health Finance Reform Act, except that:
5		(1) Physicians participating in a Partnership and
6		providing certain services, which shall be determined by
7		the Illinois Department, to persons in areas covered by the
8		Partnership may receive an additional surcharge for such
9		services.
10		(2) The Department may elect to consider and negotiate
11		financial incentives to encourage the development of
12		Partnerships and the efficient delivery of medical care.
13		(3) Persons receiving medical services through
14		Partnerships may receive medical and case management
15		services above the level usually offered through the
16		medical assistance program.
17		Medical providers shall be required to meet certain
18		qualifications to participate in Partnerships to ensure the
19		delivery of high quality medical services. These
20		qualifications shall be determined by rule of the Illinois
21		Department and may be higher than qualifications for
22		participation in the medical assistance program. Partnership
23		sponsors may prescribe reasonable additional qualifications
24		for participation by medical providers, only with the prior
25		written approval of the Illinois Department.
26		Nothing in this Section shall limit the free choice of

HB4137 Engrossed - 592 - LRB099 07987 AMC 28127 b
1		practitioners, hospitals, and other providers of medical
2		services by clients. In order to ensure patient freedom of
3		choice, the Illinois Department shall immediately promulgate
4		all rules and take all other necessary actions so that provided
5		services may be accessed from therapeutically certified
6		optometrists to the full extent of the Illinois Optometric
7		Practice Act of 1987 without discriminating between service
8		providers.
9		The Department shall apply for a waiver from the United
10		States Health Care Financing Administration to allow for the
11		implementation of Partnerships under this Section.
12		The Illinois Department shall require health care
13		providers to maintain records that document the medical care
14		and services provided to recipients of Medical Assistance under
15		this Article. Such records must be retained for a period of not
16		less than 6 years from the date of service or as provided by
17		applicable State law, whichever period is longer, except that
18		if an audit is initiated within the required retention period
19		then the records must be retained until the audit is completed
20		and every exception is resolved. The Illinois Department shall
21		require health care providers to make available, when
22		authorized by the patient, in writing, the medical records in a
23		timely fashion to other health care providers who are treating
24		or serving persons eligible for Medical Assistance under this
25		Article. All dispensers of medical services shall be required
26		to maintain and retain business and professional records

HB4137 Engrossed - 593 - LRB099 07987 AMC 28127 b
1		sufficient to fully and accurately document the nature, scope,
2		details and receipt of the health care provided to persons
3		eligible for medical assistance under this Code, in accordance
4		with regulations promulgated by the Illinois Department. The
5		rules and regulations shall require that proof of the receipt
6		of prescription drugs, dentures, prosthetic devices and
7		eyeglasses by eligible persons under this Section accompany
8		each claim for reimbursement submitted by the dispenser of such
9		medical services. No such claims for reimbursement shall be
10		approved for payment by the Illinois Department without such
11		proof of receipt, unless the Illinois Department shall have put
12		into effect and shall be operating a system of post-payment
13		audit and review which shall, on a sampling basis, be deemed
14		adequate by the Illinois Department to assure that such drugs,
15		dentures, prosthetic devices and eyeglasses for which payment
16		is being made are actually being received by eligible
17		recipients. Within 90 days after the effective date of this
18		amendatory Act of 1984, the Illinois Department shall establish
19		a current list of acquisition costs for all prosthetic devices
20		and any other items recognized as medical equipment and
21		supplies reimbursable under this Article and shall update such
22		list on a quarterly basis, except that the acquisition costs of
23		all prescription drugs shall be updated no less frequently than
24		every 30 days as required by Section 5-5.12.
25		The rules and regulations of the Illinois Department shall
26		require that a written statement including the required opinion

HB4137 Engrossed - 594 - LRB099 07987 AMC 28127 b
1		of a physician shall accompany any claim for reimbursement for
2		abortions, or induced miscarriages or premature births. This
3		statement shall indicate what procedures were used in providing
4		such medical services.
5		Notwithstanding any other law to the contrary, the Illinois
6		Department shall, within 365 days after July 22, 2013, (the
7		effective date of Public Act 98-104), establish procedures to
8		permit skilled care facilities licensed under the Nursing Home
9		Care Act to submit monthly billing claims for reimbursement
10		purposes. Following development of these procedures, the
11		Department shall have an additional 365 days to test the
12		viability of the new system and to ensure that any necessary
13		operational or structural changes to its information
14		technology platforms are implemented.
15		Notwithstanding any other law to the contrary, the Illinois
16		Department shall, within 365 days after August 15, 2014 (the
17		effective date of Public Act 98-963) this amendatory Act of the
18		98th General Assembly, establish procedures to permit ID/DD
19		facilities licensed under the ID/DD Community Care Act to
20		submit monthly billing claims for reimbursement purposes.
21		Following development of these procedures, the Department
22		shall have an additional 365 days to test the viability of the
23		new system and to ensure that any necessary operational or
24		structural changes to its information technology platforms are
25		implemented.
26		The Illinois Department shall require all dispensers of

HB4137 Engrossed - 595 - LRB099 07987 AMC 28127 b
1		medical services, other than an individual practitioner or
2		group of practitioners, desiring to participate in the Medical
3		Assistance program established under this Article to disclose
4		all financial, beneficial, ownership, equity, surety or other
5		interests in any and all firms, corporations, partnerships,
6		associations, business enterprises, joint ventures, agencies,
7		institutions or other legal entities providing any form of
8		health care services in this State under this Article.
9		The Illinois Department may require that all dispensers of
10		medical services desiring to participate in the medical
11		assistance program established under this Article disclose,
12		under such terms and conditions as the Illinois Department may
13		by rule establish, all inquiries from clients and attorneys
14		regarding medical bills paid by the Illinois Department, which
15		inquiries could indicate potential existence of claims or liens
16		for the Illinois Department.
17		Enrollment of a vendor shall be subject to a provisional
18		period and shall be conditional for one year. During the period
19		of conditional enrollment, the Department may terminate the
20		vendor's eligibility to participate in, or may disenroll the
21		vendor from, the medical assistance program without cause.
22		Unless otherwise specified, such termination of eligibility or
23		disenrollment is not subject to the Department's hearing
24		process. However, a disenrolled vendor may reapply without
25		penalty.
26		The Department has the discretion to limit the conditional

HB4137 Engrossed - 596 - LRB099 07987 AMC 28127 b
1		enrollment period for vendors based upon category of risk of
2		the vendor.
3		Prior to enrollment and during the conditional enrollment
4		period in the medical assistance program, all vendors shall be
5		subject to enhanced oversight, screening, and review based on
6		the risk of fraud, waste, and abuse that is posed by the
7		category of risk of the vendor. The Illinois Department shall
8		establish the procedures for oversight, screening, and review,
9		which may include, but need not be limited to: criminal and
10		financial background checks; fingerprinting; license,
11		certification, and authorization verifications; unscheduled or
12		unannounced site visits; database checks; prepayment audit
13		reviews; audits; payment caps; payment suspensions; and other
14		screening as required by federal or State law.
15		The Department shall define or specify the following: (i)
16		by provider notice, the "category of risk of the vendor" for
17		each type of vendor, which shall take into account the level of
18		screening applicable to a particular category of vendor under
19		federal law and regulations; (ii) by rule or provider notice,
20		the maximum length of the conditional enrollment period for
21		each category of risk of the vendor; and (iii) by rule, the
22		hearing rights, if any, afforded to a vendor in each category
23		of risk of the vendor that is terminated or disenrolled during
24		the conditional enrollment period.
25		To be eligible for payment consideration, a vendor's
26		payment claim or bill, either as an initial claim or as a

HB4137 Engrossed - 597 - LRB099 07987 AMC 28127 b
1		resubmitted claim following prior rejection, must be received
2		by the Illinois Department, or its fiscal intermediary, no
3		later than 180 days after the latest date on the claim on which
4		medical goods or services were provided, with the following
5		exceptions:
6		(1) In the case of a provider whose enrollment is in
7		process by the Illinois Department, the 180-day period
8		shall not begin until the date on the written notice from
9		the Illinois Department that the provider enrollment is
10		complete.
11		(2) In the case of errors attributable to the Illinois
12		Department or any of its claims processing intermediaries
13		which result in an inability to receive, process, or
14		adjudicate a claim, the 180-day period shall not begin
15		until the provider has been notified of the error.
16		(3) In the case of a provider for whom the Illinois
17		Department initiates the monthly billing process.
18		(4) In the case of a provider operated by a unit of
19		local government with a population exceeding 3,000,000
20		when local government funds finance federal participation
21		for claims payments.
22		For claims for services rendered during a period for which
23		a recipient received retroactive eligibility, claims must be
24		filed within 180 days after the Department determines the
25		applicant is eligible. For claims for which the Illinois
26		Department is not the primary payer, claims must be submitted

HB4137 Engrossed - 598 - LRB099 07987 AMC 28127 b
1		to the Illinois Department within 180 days after the final
2		adjudication by the primary payer.
3		In the case of long term care facilities, within 5 days of
4		receipt by the facility of required prescreening information,
5		data for new admissions shall be entered into the Medical
6		Electronic Data Interchange (MEDI) or the Recipient
7		Eligibility Verification (REV) System or successor system, and
8		within 15 days of receipt by the facility of required
9		prescreening information, admission documents shall be
10		submitted through MEDI or REV or shall be submitted directly to
11		the Department of Human Services using required admission
12		forms. Effective September 1, 2014, admission documents,
13		including all prescreening information, must be submitted
14		through MEDI or REV. Confirmation numbers assigned to an
15		accepted transaction shall be retained by a facility to verify
16		timely submittal. Once an admission transaction has been
17		completed, all resubmitted claims following prior rejection
18		are subject to receipt no later than 180 days after the
19		admission transaction has been completed.
20		Claims that are not submitted and received in compliance
21		with the foregoing requirements shall not be eligible for
22		payment under the medical assistance program, and the State
23		shall have no liability for payment of those claims.
24		To the extent consistent with applicable information and
25		privacy, security, and disclosure laws, State and federal
26		agencies and departments shall provide the Illinois Department

HB4137 Engrossed - 599 - LRB099 07987 AMC 28127 b
1		access to confidential and other information and data necessary
2		to perform eligibility and payment verifications and other
3		Illinois Department functions. This includes, but is not
4		limited to: information pertaining to licensure;
5		certification; earnings; immigration status; citizenship; wage
6		reporting; unearned and earned income; pension income;
7		employment; supplemental security income; social security
8		numbers; National Provider Identifier (NPI) numbers; the
9		National Practitioner Data Bank (NPDB); program and agency
10		exclusions; taxpayer identification numbers; tax delinquency;
11		corporate information; and death records.
12		The Illinois Department shall enter into agreements with
13		State agencies and departments, and is authorized to enter into
14		agreements with federal agencies and departments, under which
15		such agencies and departments shall share data necessary for
16		medical assistance program integrity functions and oversight.
17		The Illinois Department shall develop, in cooperation with
18		other State departments and agencies, and in compliance with
19		applicable federal laws and regulations, appropriate and
20		effective methods to share such data. At a minimum, and to the
21		extent necessary to provide data sharing, the Illinois
22		Department shall enter into agreements with State agencies and
23		departments, and is authorized to enter into agreements with
24		federal agencies and departments, including but not limited to:
25		the Secretary of State; the Department of Revenue; the
26		Department of Public Health; the Department of Human Services;

HB4137 Engrossed - 600 - LRB099 07987 AMC 28127 b
1		and the Department of Financial and Professional Regulation.
2		Beginning in fiscal year 2013, the Illinois Department
3		shall set forth a request for information to identify the
4		benefits of a pre-payment, post-adjudication, and post-edit
5		claims system with the goals of streamlining claims processing
6		and provider reimbursement, reducing the number of pending or
7		rejected claims, and helping to ensure a more transparent
8		adjudication process through the utilization of: (i) provider
9		data verification and provider screening technology; and (ii)
10		clinical code editing; and (iii) pre-pay, pre- or
11		post-adjudicated predictive modeling with an integrated case
12		management system with link analysis. Such a request for
13		information shall not be considered as a request for proposal
14		or as an obligation on the part of the Illinois Department to
15		take any action or acquire any products or services.
16		The Illinois Department shall establish policies,
17		procedures, standards and criteria by rule for the acquisition,
18		repair and replacement of orthotic and prosthetic devices and
19		durable medical equipment. Such rules shall provide, but not be
20		limited to, the following services: (1) immediate repair or
21		replacement of such devices by recipients; and (2) rental,
22		lease, purchase or lease-purchase of durable medical equipment
23		in a cost-effective manner, taking into consideration the
24		recipient's medical prognosis, the extent of the recipient's
25		needs, and the requirements and costs for maintaining such
26		equipment. Subject to prior approval, such rules shall enable a

HB4137 Engrossed - 601 - LRB099 07987 AMC 28127 b
1		recipient to temporarily acquire and use alternative or
2		substitute devices or equipment pending repairs or
3		replacements of any device or equipment previously authorized
4		for such recipient by the Department.
5		The Department shall execute, relative to the nursing home
6		prescreening project, written inter-agency agreements with the
7		Department of Human Services and the Department on Aging, to
8		effect the following: (i) intake procedures and common
9		eligibility criteria for those persons who are receiving
10		non-institutional services; and (ii) the establishment and
11		development of non-institutional services in areas of the State
12		where they are not currently available or are undeveloped; and
13		(iii) notwithstanding any other provision of law, subject to
14		federal approval, on and after July 1, 2012, an increase in the
15		determination of need (DON) scores from 29 to 37 for applicants
16		for institutional and home and community-based long term care;
17		if and only if federal approval is not granted, the Department
18		may, in conjunction with other affected agencies, implement
19		utilization controls or changes in benefit packages to
20		effectuate a similar savings amount for this population; and
21		(iv) no later than July 1, 2013, minimum level of care
22		eligibility criteria for institutional and home and
23		community-based long term care; and (v) no later than October
24		1, 2013, establish procedures to permit long term care
25		providers access to eligibility scores for individuals with an
26		admission date who are seeking or receiving services from the

HB4137 Engrossed - 602 - LRB099 07987 AMC 28127 b
1		long term care provider. In order to select the minimum level
2		of care eligibility criteria, the Governor shall establish a
3		workgroup that includes affected agency representatives and
4		stakeholders representing the institutional and home and
5		community-based long term care interests. This Section shall
6		not restrict the Department from implementing lower level of
7		care eligibility criteria for community-based services in
8		circumstances where federal approval has been granted.
9		The Illinois Department shall develop and operate, in
10		cooperation with other State Departments and agencies and in
11		compliance with applicable federal laws and regulations,
12		appropriate and effective systems of health care evaluation and
13		programs for monitoring of utilization of health care services
14		and facilities, as it affects persons eligible for medical
15		assistance under this Code.
16		The Illinois Department shall report annually to the
17		General Assembly, no later than the second Friday in April of
18		1979 and each year thereafter, in regard to:
19		(a) actual statistics and trends in utilization of
20		medical services by public aid recipients;
21		(b) actual statistics and trends in the provision of
22		the various medical services by medical vendors;
23		(c) current rate structures and proposed changes in
24		those rate structures for the various medical vendors; and
25		(d) efforts at utilization review and control by the
26		Illinois Department.

HB4137 Engrossed - 603 - LRB099 07987 AMC 28127 b
1		The period covered by each report shall be the 3 years
2		ending on the June 30 prior to the report. The report shall
3		include suggested legislation for consideration by the General
4		Assembly. The filing of one copy of the report with the
5		Speaker, one copy with the Minority Leader and one copy with
6		the Clerk of the House of Representatives, one copy with the
7		President, one copy with the Minority Leader and one copy with
8		the Secretary of the Senate, one copy with the Legislative
9		Research Unit, and such additional copies with the State
10		Government Report Distribution Center for the General Assembly
11		as is required under paragraph (t) of Section 7 of the State
12		Library Act shall be deemed sufficient to comply with this
13		Section.
14		Rulemaking authority to implement Public Act 95-1045, if
15		any, is conditioned on the rules being adopted in accordance
16		with all provisions of the Illinois Administrative Procedure
17		Act and all rules and procedures of the Joint Committee on
18		Administrative Rules; any purported rule not so adopted, for
19		whatever reason, is unauthorized.
20		On and after July 1, 2012, the Department shall reduce any
21		rate of reimbursement for services or other payments or alter
22		any methodologies authorized by this Code to reduce any rate of
23		reimbursement for services or other payments in accordance with
24		Section 5-5e.
25		Because kidney transplantation can be an appropriate, cost
26		effective alternative to renal dialysis when medically

HB4137 Engrossed - 604 - LRB099 07987 AMC 28127 b
1		necessary and notwithstanding the provisions of Section 1-11 of
2		this Code, beginning October 1, 2014, the Department shall
3		cover kidney transplantation for noncitizens with end-stage
4		renal disease who are not eligible for comprehensive medical
5		benefits, who meet the residency requirements of Section 5-3 of
6		this Code, and who would otherwise meet the financial
7		requirements of the appropriate class of eligible persons under
8		Section 5-2 of this Code. To qualify for coverage of kidney
9		transplantation, such person must be receiving emergency renal
10		dialysis services covered by the Department. Providers under
11		this Section shall be prior approved and certified by the
12		Department to perform kidney transplantation and the services
13		under this Section shall be limited to services associated with
14		kidney transplantation.
15		(Source: P.A. 97-48, eff. 6-28-11; 97-638, eff. 1-1-12; 97-689,
16		eff. 6-14-12; 97-1061, eff. 8-24-12; 98-104, Article 9, Section
17		9-5, eff. 7-22-13; 98-104, Article 12, Section 12-20, eff.
18		7-22-13; 98-303, eff. 8-9-13; 98-463, eff. 8-16-13; 98-651,
19		eff. 6-16-14; 98-756, eff. 7-16-14; 98-963, eff. 8-15-14;
20		revised 10-2-14.)
21		(305 ILCS 5/5-5.2) (from Ch. 23, par. 5-5.2)
22		Sec. 5-5.2. Payment.
23		(a) All nursing facilities that are grouped pursuant to
24		Section 5-5.1 of this Act shall receive the same rate of
25		payment for similar services.

HB4137 Engrossed - 605 - LRB099 07987 AMC 28127 b
1		(b) It shall be a matter of State policy that the Illinois
2		Department shall utilize a uniform billing cycle throughout the
3		State for the long-term care providers.
4		(c) Notwithstanding any other provisions of this Code, the
5		methodologies for reimbursement of nursing services as
6		provided under this Article shall no longer be applicable for
7		bills payable for nursing services rendered on or after a new
8		reimbursement system based on the Resource Utilization Groups
9		(RUGs) has been fully operationalized, which shall take effect
10		for services provided on or after January 1, 2014.
11		(d) The new nursing services reimbursement methodology
12		utilizing RUG-IV 48 grouper model, which shall be referred to
13		as the RUGs reimbursement system, taking effect January 1,
14		2014, shall be based on the following:
15		(1) The methodology shall be resident-driven,
16		facility-specific, and cost-based.
17		(2) Costs shall be annually rebased and case mix index
18		quarterly updated. The nursing services methodology will
19		be assigned to the Medicaid enrolled residents on record as
20		of 30 days prior to the beginning of the rate period in the
21		Department's Medicaid Management Information System (MMIS)
22		as present on the last day of the second quarter preceding
23		the rate period based upon the Assessment Reference Date of
24		the Minimum Data Set (MDS).
25		(3) Regional wage adjustors based on the Health Service
26		Areas (HSA) groupings and adjusters in effect on April 30,

HB4137 Engrossed - 606 - LRB099 07987 AMC 28127 b
1		2012 shall be included.
2		(4) Case mix index shall be assigned to each resident
3		class based on the Centers for Medicare and Medicaid
4		Services staff time measurement study in effect on July 1,
5		2013, utilizing an index maximization approach.
6		(5) The pool of funds available for distribution by
7		case mix and the base facility rate shall be determined
8		using the formula contained in subsection (d-1).
9		(d-1) Calculation of base year Statewide RUG-IV nursing
10		base per diem rate.
11		(1) Base rate spending pool shall be:
12		(A) The base year resident days which are
13		calculated by multiplying the number of Medicaid
14		residents in each nursing home as indicated in the MDS
15		data defined in paragraph (4) by 365.
16		(B) Each facility's nursing component per diem in
17		effect on July 1, 2012 shall be multiplied by
18		subsection (A).
19		(C) Thirteen million is added to the product of
20		subparagraph (A) and subparagraph (B) to adjust for the
21		exclusion of nursing homes defined in paragraph (5).
22		(2) For each nursing home with Medicaid residents as
23		indicated by the MDS data defined in paragraph (4),
24		weighted days adjusted for case mix and regional wage
25		adjustment shall be calculated. For each home this
26		calculation is the product of:

HB4137 Engrossed - 607 - LRB099 07987 AMC 28127 b
1		(A) Base year resident days as calculated in
2		subparagraph (A) of paragraph (1).
3		(B) The nursing home's regional wage adjustor
4		based on the Health Service Areas (HSA) groupings and
5		adjustors in effect on April 30, 2012.
6		(C) Facility weighted case mix which is the number
7		of Medicaid residents as indicated by the MDS data
8		defined in paragraph (4) multiplied by the associated
9		case weight for the RUG-IV 48 grouper model using
10		standard RUG-IV procedures for index maximization.
11		(D) The sum of the products calculated for each
12		nursing home in subparagraphs (A) through (C) above
13		shall be the base year case mix, rate adjusted weighted
14		days.
15		(3) The Statewide RUG-IV nursing base per diem rate:
16		(A) on January 1, 2014 shall be the quotient of the
17		paragraph (1) divided by the sum calculated under
18		subparagraph (D) of paragraph (2); and
19		(B) on and after July 1, 2014, shall be the amount
20		calculated under subparagraph (A) of this paragraph
21		(3) plus $1.76.
22		(4) Minimum Data Set (MDS) comprehensive assessments
23		for Medicaid residents on the last day of the quarter used
24		to establish the base rate.
25		(5) Nursing facilities designated as of July 1, 2012 by
26		the Department as "Institutions for Mental Disease" shall

HB4137 Engrossed - 608 - LRB099 07987 AMC 28127 b
1		be excluded from all calculations under this subsection.
2		The data from these facilities shall not be used in the
3		computations described in paragraphs (1) through (4) above
4		to establish the base rate.
5		(e) Beginning July 1, 2014, the Department shall allocate
6		funding in the amount up to $10,000,000 for per diem add-ons to
7		the RUGS methodology for dates of service on and after July 1,
8		2014:
9		(1) $0.63 for each resident who scores in I4200
10		Alzheimer's Disease or I4800 non-Alzheimer's Dementia.
11		(2) $2.67 for each resident who scores either a "1" or
12		"2" in any items S1200A through S1200I and also scores in
13		RUG groups PA1, PA2, BA1, or BA2.
14		(e-1) (Blank).
15		(e-2) For dates of services beginning January 1, 2014, the
16		RUG-IV nursing component per diem for a nursing home shall be
17		the product of the statewide RUG-IV nursing base per diem rate,
18		the facility average case mix index, and the regional wage
19		adjustor. Transition rates for services provided between
20		January 1, 2014 and December 31, 2014 shall be as follows:
21		(1) The transition RUG-IV per diem nursing rate for
22		nursing homes whose rate calculated in this subsection
23		(e-2) is greater than the nursing component rate in effect
24		July 1, 2012 shall be paid the sum of:
25		(A) The nursing component rate in effect July 1,
26		2012; plus

HB4137 Engrossed - 609 - LRB099 07987 AMC 28127 b
1		(B) The difference of the RUG-IV nursing component
2		per diem calculated for the current quarter minus the
3		nursing component rate in effect July 1, 2012
4		multiplied by 0.88.
5		(2) The transition RUG-IV per diem nursing rate for
6		nursing homes whose rate calculated in this subsection
7		(e-2) is less than the nursing component rate in effect
8		July 1, 2012 shall be paid the sum of:
9		(A) The nursing component rate in effect July 1,
10		2012; plus
11		(B) The difference of the RUG-IV nursing component
12		per diem calculated for the current quarter minus the
13		nursing component rate in effect July 1, 2012
14		multiplied by 0.13.
15		(f) Notwithstanding any other provision of this Code, on
16		and after July 1, 2012, reimbursement rates associated with the
17		nursing or support components of the current nursing facility
18		rate methodology shall not increase beyond the level effective
19		May 1, 2011 until a new reimbursement system based on the RUGs
20		IV 48 grouper model has been fully operationalized.
21		(g) Notwithstanding any other provision of this Code, on
22		and after July 1, 2012, for facilities not designated by the
23		Department of Healthcare and Family Services as "Institutions
24		for Mental Disease", rates effective May 1, 2011 shall be
25		adjusted as follows:
26		(1) Individual nursing rates for residents classified

HB4137 Engrossed - 610 - LRB099 07987 AMC 28127 b
1		in RUG IV groups PA1, PA2, BA1, and BA2 during the quarter
2		ending March 31, 2012 shall be reduced by 10%;
3		(2) Individual nursing rates for residents classified
4		in all other RUG IV groups shall be reduced by 1.0%;
5		(3) Facility rates for the capital and support
6		components shall be reduced by 1.7%.
7		(h) Notwithstanding any other provision of this Code, on
8		and after July 1, 2012, nursing facilities designated by the
9		Department of Healthcare and Family Services as "Institutions
10		for Mental Disease" and "Institutions for Mental Disease" that
11		are facilities licensed under the Specialized Mental Health
12		Rehabilitation Act of 2013 shall have the nursing,
13		socio-developmental, capital, and support components of their
14		reimbursement rate effective May 1, 2011 reduced in total by
15		2.7%.
16		(i) On and after July 1, 2014, the reimbursement rates for
17		the support component of the nursing facility rate for
18		facilities licensed under the Nursing Home Care Act as skilled
19		or intermediate care facilities shall be the rate in effect on
20		June 30, 2014 increased by 8.17%.
21		(Source: P.A. 97-689, eff. 6-14-12; 98-104, Article 6, Section
22		6-240, eff. 7-22-13; 98-104, Article 11, Section 11-35, eff.
23		7-22-13; 98-651, eff. 6-16-14; 98-727, eff. 7-16-14; 98-756,
24		eff. 7-16-14; revised 10-2-14.)
25		(305 ILCS 5/5A-5) (from Ch. 23, par. 5A-5)

HB4137 Engrossed - 611 - LRB099 07987 AMC 28127 b
1		Sec. 5A-5. Notice; penalty; maintenance of records.
2		(a) The Illinois Department shall send a notice of
3		assessment to every hospital provider subject to assessment
4		under this Article. The notice of assessment shall notify the
5		hospital of its assessment and shall be sent after receipt by
6		the Department of notification from the Centers for Medicare
7		and Medicaid Services of the U.S. Department of Health and
8		Human Services that the payment methodologies required under
9		this Article and, if necessary, the waiver granted under 42 CFR
10		433.68 have been approved. The notice shall be on a form
11		prepared by the Illinois Department and shall state the
12		following:
13		(1) The name of the hospital provider.
14		(2) The address of the hospital provider's principal
15		place of business from which the provider engages in the
16		occupation of hospital provider in this State, and the name
17		and address of each hospital operated, conducted, or
18		maintained by the provider in this State.
19		(3) The occupied bed days, occupied bed days less
20		Medicare days, adjusted gross hospital revenue, or
21		outpatient gross revenue of the hospital provider
22		(whichever is applicable), the amount of assessment
23		imposed under Section 5A-2 for the State fiscal year for
24		which the notice is sent, and the amount of each
25		installment to be paid during the State fiscal year.
26		(4) (Blank).

HB4137 Engrossed - 612 - LRB099 07987 AMC 28127 b
1		(5) Other reasonable information as determined by the
2		Illinois Department.
3		(b) If a hospital provider conducts, operates, or maintains
4		more than one hospital licensed by the Illinois Department of
5		Public Health, the provider shall pay the assessment for each
6		hospital separately.
7		(c) Notwithstanding any other provision in this Article, in
8		the case of a person who ceases to conduct, operate, or
9		maintain a hospital in respect of which the person is subject
10		to assessment under this Article as a hospital provider, the
11		assessment for the State fiscal year in which the cessation
12		occurs shall be adjusted by multiplying the assessment computed
13		under Section 5A-2 by a fraction, the numerator of which is the
14		number of days in the year during which the provider conducts,
15		operates, or maintains the hospital and the denominator of
16		which is 365. Immediately upon ceasing to conduct, operate, or
17		maintain a hospital, the person shall pay the assessment for
18		the year as so adjusted (to the extent not previously paid).
19		(d) Notwithstanding any other provision in this Article, a
20		provider who commences conducting, operating, or maintaining a
21		hospital, upon notice by the Illinois Department, shall pay the
22		assessment computed under Section 5A-2 and subsection (e) in
23		installments on the due dates stated in the notice and on the
24		regular installment due dates for the State fiscal year
25		occurring after the due dates of the initial notice.
26		(e) Notwithstanding any other provision in this Article,

HB4137 Engrossed - 613 - LRB099 07987 AMC 28127 b
1		for State fiscal years 2009 through 2018 2015, in the case of a
2		hospital provider that did not conduct, operate, or maintain a
3		hospital in 2005, the assessment for that State fiscal year
4		shall be computed on the basis of hypothetical occupied bed
5		days for the full calendar year as determined by the Illinois
6		Department. Notwithstanding any other provision in this
7		Article, for the portion of State fiscal year 2012 beginning
8		June 10, 2012 through June 30, 2012, and for State fiscal years
9		2013 through 2018, in the case of a hospital provider that did
10		not conduct, operate, or maintain a hospital in 2009, the
11		assessment under subsection (b-5) of Section 5A-2 for that
12		State fiscal year shall be computed on the basis of
13		hypothetical gross outpatient revenue for the full calendar
14		year as determined by the Illinois Department.
15		(f) Every hospital provider subject to assessment under
16		this Article shall keep sufficient records to permit the
17		determination of adjusted gross hospital revenue for the
18		hospital's fiscal year. All such records shall be kept in the
19		English language and shall, at all times during regular
20		business hours of the day, be subject to inspection by the
21		Illinois Department or its duly authorized agents and
22		employees.
23		(g) The Illinois Department may, by rule, provide a
24		hospital provider a reasonable opportunity to request a
25		clarification or correction of any clerical or computational
26		errors contained in the calculation of its assessment, but such

HB4137 Engrossed - 614 - LRB099 07987 AMC 28127 b
1		corrections shall not extend to updating the cost report
2		information used to calculate the assessment.
3		(h) (Blank).
4		(Source: P.A. 97-688, eff. 6-14-12; 97-689, eff. 6-14-12;
5		98-104, eff. 7-22-13; 98-463, eff. 8-16-13; 98-651, eff.
6		6-16-14; 98-756, eff. 7-16-14; revised 10-2-14.)
7		(305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
8		Sec. 5A-8. Hospital Provider Fund.
9		(a) There is created in the State Treasury the Hospital
10		Provider Fund. Interest earned by the Fund shall be credited to
11		the Fund. The Fund shall not be used to replace any moneys
12		appropriated to the Medicaid program by the General Assembly.
13		(b) The Fund is created for the purpose of receiving moneys
14		in accordance with Section 5A-6 and disbursing moneys only for
15		the following purposes, notwithstanding any other provision of
16		law:
17		(1) For making payments to hospitals as required under
18		this Code, under the Children's Health Insurance Program
19		Act, under the Covering ALL KIDS Health Insurance Act, and
20		under the Long Term Acute Care Hospital Quality Improvement
21		Transfer Program Act.
22		(2) For the reimbursement of moneys collected by the
23		Illinois Department from hospitals or hospital providers
24		through error or mistake in performing the activities
25		authorized under this Code.

HB4137 Engrossed - 615 - LRB099 07987 AMC 28127 b
1		(3) For payment of administrative expenses incurred by
2		the Illinois Department or its agent in performing
3		activities under this Code, under the Children's Health
4		Insurance Program Act, under the Covering ALL KIDS Health
5		Insurance Act, and under the Long Term Acute Care Hospital
6		Quality Improvement Transfer Program Act.
7		(4) For payments of any amounts which are reimbursable
8		to the federal government for payments from this Fund which
9		are required to be paid by State warrant.
10		(5) For making transfers, as those transfers are
11		authorized in the proceedings authorizing debt under the
12		Short Term Borrowing Act, but transfers made under this
13		paragraph (5) shall not exceed the principal amount of debt
14		issued in anticipation of the receipt by the State of
15		moneys to be deposited into the Fund.
16		(6) For making transfers to any other fund in the State
17		treasury, but transfers made under this paragraph (6) shall
18		not exceed the amount transferred previously from that
19		other fund into the Hospital Provider Fund plus any
20		interest that would have been earned by that fund on the
21		monies that had been transferred.
22		(6.5) For making transfers to the Healthcare Provider
23		Relief Fund, except that transfers made under this
24		paragraph (6.5) shall not exceed $60,000,000 in the
25		aggregate.
26		(7) For making transfers not exceeding the following

HB4137 Engrossed - 616 - LRB099 07987 AMC 28127 b
1		amounts, related to State fiscal years 2013 through 2018 in
2		each State fiscal year during which an assessment is
3		imposed pursuant to Section 5A-2, to the following
4		designated funds:
5		Health and Human Services Medicaid Trust
6		Fund..............................$20,000,000
7		Long-Term Care Provider Fund..........$30,000,000
8		General Revenue Fund.................$80,000,000.
9		Transfers under this paragraph shall be made within 7 days
10		after the payments have been received pursuant to the
11		schedule of payments provided in subsection (a) of Section
12		5A-4.
13		(7.1) (Blank).
14		(7.5) (Blank).
15		(7.8) (Blank).
16		(7.9) (Blank).
17		(7.10) For State fiscal year 2014, for making transfers
18		of the moneys resulting from the assessment under
19		subsection (b-5) of Section 5A-2 and received from hospital
20		providers under Section 5A-4 and transferred into the
21		Hospital Provider Fund under Section 5A-6 to the designated
22		funds not exceeding the following amounts in that State
23		fiscal year:
24		Health Care Provider Relief Fund.....$100,000,000
25		Transfers under this paragraph shall be made within 7
26		days after the payments have been received pursuant to the

HB4137 Engrossed - 617 - LRB099 07987 AMC 28127 b
1		schedule of payments provided in subsection (a) of Section
2		5A-4.
3		The additional amount of transfers in this paragraph
4		(7.10), authorized by Public Act 98-651 this amendatory Act
5		of the 98th General Assembly, shall be made within 10 State
6		business days after June 16, 2014 (the effective date of
7		Public Act 98-651) this amendatory Act of the 98th General
8		Assembly. That authority shall remain in effect even if
9		Public Act 98-651 this amendatory Act of the 98th General
10		Assembly does not become law until State fiscal year 2015.
11		(7.10a) For State fiscal years 2015 through 2018, for
12		making transfers of the moneys resulting from the
13		assessment under subsection (b-5) of Section 5A-2 and
14		received from hospital providers under Section 5A-4 and
15		transferred into the Hospital Provider Fund under Section
16		5A-6 to the designated funds not exceeding the following
17		amounts related to each State fiscal year:
18		Health Care Provider Relief Fund ....$50,000,000
19		Transfers under this paragraph shall be made within 7
20		days after the payments have been received pursuant to the
21		schedule of payments provided in subsection (a) of Section
22		5A-4.
23		(7.11) (Blank).
24		(7.12) For State fiscal year 2013, for increasing by
25		21/365ths the transfer of the moneys resulting from the
26		assessment under subsection (b-5) of Section 5A-2 and

HB4137 Engrossed - 618 - LRB099 07987 AMC 28127 b
1		received from hospital providers under Section 5A-4 for the
2		portion of State fiscal year 2012 beginning June 10, 2012
3		through June 30, 2012 and transferred into the Hospital
4		Provider Fund under Section 5A-6 to the designated funds
5		not exceeding the following amounts in that State fiscal
6		year:
7		Health Care Provider Relief Fund......$2,870,000
8		Since the federal Centers for Medicare and Medicaid
9		Services approval of the assessment authorized under
10		subsection (b-5) of Section 5A-2, received from hospital
11		providers under Section 5A-4 and the payment methodologies
12		to hospitals required under Section 5A-12.4 was not
13		received by the Department until State fiscal year 2014 and
14		since the Department made retroactive payments during
15		State fiscal year 2014 related to the referenced period of
16		June 2012, the transfer authority granted in this paragraph
17		(7.12) is extended through the date that is 10 State
18		business days after June 16, 2014 (the effective date of
19		Public Act 98-651) this amendatory Act of the 98th General
20		Assembly.
21		(8) For making refunds to hospital providers pursuant
22		to Section 5A-10.
23		(9) For making payment to capitated managed care
24		organizations as described in subsections (s) and (t) of
25		Section 5A-12.2 of this Code.
26		Disbursements from the Fund, other than transfers

HB4137 Engrossed - 619 - LRB099 07987 AMC 28127 b
1		authorized under paragraphs (5) and (6) of this subsection,
2		shall be by warrants drawn by the State Comptroller upon
3		receipt of vouchers duly executed and certified by the Illinois
4		Department.
5		(c) The Fund shall consist of the following:
6		(1) All moneys collected or received by the Illinois
7		Department from the hospital provider assessment imposed
8		by this Article.
9		(2) All federal matching funds received by the Illinois
10		Department as a result of expenditures made by the Illinois
11		Department that are attributable to moneys deposited in the
12		Fund.
13		(3) Any interest or penalty levied in conjunction with
14		the administration of this Article.
15		(3.5) As applicable, proceeds from surety bond
16		payments payable to the Department as referenced in
17		subsection (s) of Section 5A-12.2 of this Code.
18		(4) Moneys transferred from another fund in the State
19		treasury.
20		(5) All other moneys received for the Fund from any
21		other source, including interest earned thereon.
22		(d) (Blank).
23		(Source: P.A. 97-688, eff. 6-14-12; 97-689, eff. 6-14-12;
24		98-104, eff. 7-22-13; 98-463, eff. 8-16-13; 98-651, eff.
25		6-16-14; 98-756, eff. 7-16-14; revised 10-2-14.)

HB4137 Engrossed - 620 - LRB099 07987 AMC 28127 b
1		(305 ILCS 5/12-4.47)
2		Sec. 12-4.47. Continued eligibility for developmental
3		disability services for dependents of military service
4		members.
5		(a) As used in this Section:
6		"Dependent" means a spouse, birth child, adopted child, or
7		stepchild of a military service member.
8		"Legal resident" means a person who maintains Illinois as
9		his or her principal establishment, home of record, or
10		permanent home and to where, whenever absent due to military
11		obligation, he or she intends to return.
12		"Military service" means service in the armed forces or
13		armed forces reserves of the United States, or membership in
14		the Illinois National Guard.
15		"Military service member" means a person who is currently
16		in military service or who has separated from military service
17		in the previous 18 months through either retirement or military
18		separation.
19		(b) A dependent, who is a legal resident of the State,
20		having previously been determined to be eligible for
21		developmental disability services provided by the Department
22		of Human Services, including waiver services provided under the
23		home and community based services programs authorized under
24		Section 1915(c) of the Social Security Act, shall retain
25		eligibility for those developmental disability services as
26		long as he or she remains a legal resident of the State,

HB4137 Engrossed - 621 - LRB099 07987 AMC 28127 b
1		regardless of having left the State due to the military service
2		member's military assignment outside the State, and as long as
3		he or she is otherwise eligible for such services.
4		(c) The Department of Human Services shall permit a
5		dependent who resides out-of-state to be placed on the waiting
6		list for developmental disabilities services if the dependent
7		left the State due to the military service member's military
8		assignment outside the State, is otherwise eligible for those
9		services, and furnishes the following:
10		(1) a copy of the military service member's DD-214 or
11		other equivalent discharge paperwork; and
12		(2) proof of the military service member's legal
13		residence in the State, as prescribed by the Department.
14		(d) For dependents who received developmental disability
15		services and who left the State due to the military service
16		member's military assignment outside the State, upon the
17		dependent's return to the State and when a request for services
18		is made, the Department shall:
19		(1) determine the dependent's eligibility for
20		services, which may include a request for waiver services
21		provided under the home and community based services
22		programs authorized under Section 1915(c) of the Social
23		Security Act;
24		(2) provide to the dependent notification of the
25		determination of eligibility for services, which includes
26		notification of a denial of services if applicable;

HB4137 Engrossed - 622 - LRB099 07987 AMC 28127 b
1		(3) provide the dependent an opportunity to contest the
2		Department's determination through the appeals processes
3		established by the Department; and
4		(4) resume services if the individual remains
5		eligible.
6		(e) As a condition of continued eligibility for services
7		under subsection (b) of this Section, a dependent must inform
8		the Department of his or her current address and provide
9		updates as requested by the Department.
10		(f) No payment pursuant to this Section shall be made for
11		developmental disability services authorized under the
12		Illinois Title XIX State Plan and provided outside the State
13		unless those services satisfy the conditions specified in 42
14		CFR 431.52. No payment pursuant to this Section shall be made
15		for home and community based services provided outside the
16		State of Illinois.
17		(g) The Department shall request a waiver from the
18		appropriate federal agency if a waiver is necessary to
19		implement the provisions of this Section.
20		(h) The Department may adopt rules necessary to implement
21		the provisions of this Section.
22		(Source: P.A. 98-1000, eff. 8-18-14.)
23		(305 ILCS 5/12-4.48)
24		Sec. 12-4.48 12-4.47. Long-Term Services and Supports
25		Disparities Task Force.

HB4137 Engrossed - 623 - LRB099 07987 AMC 28127 b
1		(a) The Department of Healthcare and Family Services shall
2		establish a Long-Term Services and Supports Disparities Task
3		Force.
4		(b) Members of the Task Force shall be appointed by the
5		Director of the Department of Healthcare and Family Services
6		and shall include representatives of the following agencies,
7		organizations, or groups:
8		(1) The Governor's office.
9		(2) The Department of Healthcare and Family Services.
10		(3) The Department of Human Services.
11		(4) The Department on Aging.
12		(5) The Department of Human Rights.
13		(6) Area Agencies on Aging.
14		(7) The Department of Public Health.
15		(8) Managed Care Plans.
16		(9) The for-profit urban nursing home or assisted
17		living industry.
18		(10) The for-profit rural nursing home or assisted
19		living industry.
20		(11) The not-for-profit nursing home or assisted
21		living industry.
22		(12) The home care association or home care industry.
23		(13) The adult day care association or adult day care
24		industry.
25		(14) An association representing workers who provide
26		long-term services and supports.

HB4137 Engrossed - 624 - LRB099 07987 AMC 28127 b
1		(15) A representative of providers that serve the
2		predominantly ethnic minority populations.
3		(16) Case Management Organizations.
4		(17) Three consumer representatives which may include
5		a consumer of long-term services and supports or an
6		individual who advocates for such consumers. For purposes
7		of this provision, "consumer representative" means a
8		person who is not an elected official and who has no
9		financial interest in a health or long-term care delivery
10		system.
11		(c) The Task Force shall not meet unless all consumer
12		representative positions are filled. The Task Force shall
13		reflect diversity in race, ethnicity, and gender.
14		(d) The Chair of the Task Force shall be appointed by the
15		Director of the Department of Healthcare and Family Services.
16		(e) The Director of the Department of Healthcare and Family
17		Services shall assign appropriate staff and resources to
18		support the efforts of the Task Force. The Task Force shall
19		meet as often as necessary but not less than 4 times per
20		calendar year.
21		(f) The Task Force shall promote and facilitate
22		communication, coordination, and collaboration among relevant
23		State agencies and communities of color, limited
24		English-speaking communities, and the private and public
25		entities providing services to those communities.
26		(g) The Task Force shall do all of the following:

HB4137 Engrossed - 625 - LRB099 07987 AMC 28127 b
1		(1) Document the number and types of Long-Term Services
2		and Supports (LTSS) providers in the State and the number
3		of clients served in each setting.
4		(2) Document the number and racial profiles of
5		residents using LTSS, including, but not limited to,
6		residential nursing facilities, assisted living
7		facilities, adult day care, home health services, and other
8		home and community based long-term care services.
9		(3) Document the number and profiles of family or
10		informal caregivers who provide care for minority elders.
11		(4) Compare data over multiple years to identify trends
12		in the delivery of LTSS for each racial or ethnic category
13		including: Alaskan Native or American Indian, Asian or
14		Pacific Islander, black or African American, Hispanic, or
15		white.
16		(5) Identify any racial disparities in the provision of
17		care in various LTSS settings and determine factors that
18		might influence the disparities found.
19		(6) Identify any disparities uniquely experienced in
20		metropolitan or rural areas and make recommendations to
21		address these areas.
22		(7) Assess whether the LTSS industry, including
23		managed care plans and independent providers, is equipped
24		to offer culturally sensitive, competent, and
25		linguistically appropriate care to meet the needs of a
26		diverse aging population and their informal and formal

HB4137 Engrossed - 626 - LRB099 07987 AMC 28127 b
1		caregivers.
2		(8) Consider whether to recommend that the State
3		require all home and community based services as a
4		condition of licensure to report data similar to that
5		gathered under the Minimum Data Set and required when a new
6		resident is admitted to a nursing home.
7		(9) Identify and prioritize recommendations for
8		actions to be taken by the State to address disparity
9		issues identified in the course of these studies.
10		(10) Monitor the progress of the State in eliminating
11		racial disparities in the delivery of LTSS.
12		(h) The Task Force shall conduct public hearings,
13		inquiries, studies, and other forms of information gathering to
14		identify how the actions of State government contribute to or
15		reduce racial disparities in long-term care settings.
16		(i) The Task Force shall report its findings and
17		recommendations to the Governor and the General Assembly no
18		later than one year after the effective date of this amendatory
19		Act of the 98th General Assembly. Annual reports shall be
20		issued every year thereafter and shall include documentation of
21		progress made to eliminate disparities in long-term care
22		service settings.
23		(Source: P.A. 98-825, eff. 8-1-14; revised 10-14-14.)
24		Section 345. The Adult Protective Services Act is amended
25		by changing Sections 7.5 and 15 as follows:

HB4137 Engrossed - 627 - LRB099 07987 AMC 28127 b
1		(320 ILCS 20/7.5)
2		Sec. 7.5. Registry.
3		(a) To protect individuals receiving in-home and
4		community-based services, the Department on Aging shall
5		establish an Adult Protective Service Registry that will be
6		hosted by the Department of Public Health on its website
7		effective January 1, 2015, and, if practicable, shall propose
8		rules for the Registry by January 1, 2015.
9		(a-5) The Registry shall identify caregivers against whom a
10		verified and substantiated finding was made under this Act of
11		abuse, neglect, or financial exploitation.
12		The information in the Registry shall be confidential
13		except as specifically authorized in this Act and shall not be
14		deemed a public record.
15		(a-10) Reporting to the Registry. The Department on Aging
16		shall report to the Registry the identity of the caregiver when
17		a verified and substantiated finding of abuse, neglect, or
18		financial exploitation of an eligible adult under this Act is
19		made against a caregiver, and all appeals, challenges, and
20		reviews, if any, have been completed and a finding for
21		placement on the Registry has been sustained or upheld.
22		A finding against a caregiver that is placed in the
23		Registry shall preclude that caregiver from providing direct
24		care, as defined in this Section, in a position with or that is
25		regulated by or paid with public funds from the Department on

HB4137 Engrossed - 628 - LRB099 07987 AMC 28127 b
1		Aging, the Department of Healthcare and Family Services, the
2		Department of Human Services, or the Department of Public
3		Health or with an entity or provider licensed, certified, or
4		regulated by or paid with public funds from any of these State
5		agencies.
6		(b) Definitions. As used in this Section:
7		"Direct care" includes, but is not limited to, direct
8		access to a person aged 60 or older or to an adult with
9		disabilities aged 18 through 59, his or her living quarters, or
10		his or her personal, financial, or medical records for the
11		purpose of providing nursing care or assistance with feeding,
12		dressing, movement, bathing, toileting, other personal needs
13		and activities of daily living or instrumental activities of
14		daily living, or assistance with financial transactions.
15		"Participant" means an individual who uses the services of
16		an in-home care program funded through the Department on Aging,
17		the Department of Healthcare and Family Services, the
18		Department of Human Services, or the Department of Public
19		Health.
20		(c) Access to and use of the Registry. Access to the
21		Registry shall be limited to the Department on Aging, the
22		Department of Healthcare and Family Services, the Department of
23		Human Services, and the Department of Public Health and
24		providers of direct care as described in subsection (a-10) of
25		this Section. These State agencies and providers shall not
26		hire, compensate either directly or on behalf of a participant,

HB4137 Engrossed - 629 - LRB099 07987 AMC 28127 b
1		or utilize the services of any person seeking to provide direct
2		care without first conducting an online check of whether the
3		person has been placed on the Registry. These State agencies
4		and providers shall maintain a copy of the results of the
5		online check to demonstrate compliance with this requirement.
6		These State agencies and providers are prohibited from
7		retaining, hiring, compensating either directly or on behalf of
8		a participant, or utilizing the services of a person to provide
9		direct care if the online check of the person reveals a
10		verified and substantiated finding of abuse, neglect, or
11		financial exploitation that has been placed on the Registry or
12		when the State agencies or providers otherwise gain knowledge
13		of such placement on the Registry. Failure to comply with this
14		requirement may subject such a provider to corrective action by
15		the appropriate regulatory agency or other lawful remedies
16		provided under the applicable licensure, certification, or
17		regulatory laws and rules.
18		(d) Notice to caregiver. The Department on Aging shall
19		establish rules concerning notice to the caregiver in cases of
20		a verified and substantiated finding of abuse, neglect, or
21		financial exploitation against him or her that may make him or
22		her eligible for placement on the Registry.
23		(e) Notification to eligible adults, guardians, or agents.
24		As part of its investigation, the Department on Aging shall
25		notify an eligible adult, or an eligible adult's guardian or
26		agent, that his or her caregiver's name may be placed on the

HB4137 Engrossed - 630 - LRB099 07987 AMC 28127 b
1		Registry based on a finding as described in subsection (a-10)
2		(a) of this Section.
3		(f) Notification to employer. The Department on Aging shall
4		notify the appropriate State agency or provider of direct care,
5		as described in subsection (a-10), when there is a verified and
6		substantiated finding of abuse, neglect, or financial
7		exploitation in a case under this Act that is reported on the
8		Registry and that involves one of its caregivers. That State
9		agency or provider is prohibited from retaining or compensating
10		that individual in a position that involves direct care, and if
11		there is an imminent risk of danger to the victim or an
12		imminent risk of misuse of personal, medical, or financial
13		information, that caregiver shall immediately be barred from
14		providing direct care to the victim pending the outcome of any
15		challenge, appeal, criminal prosecution, or other type of
16		collateral action.
17		(g) Challenges and appeals. The Department on Aging shall
18		establish, by rule, procedures concerning challenges and
19		appeals to placement on the Registry pursuant to legislative
20		intent. The Department shall not make any report to the
21		Registry pending challenges or appeals.
22		(h) Caregiver's rights to collateral action. The
23		Department on Aging shall not make any report to the Registry
24		if a caregiver notifies the Department in writing that he or
25		she is formally challenging an adverse employment action
26		resulting from a verified and substantiated finding of abuse,

HB4137 Engrossed - 631 - LRB099 07987 AMC 28127 b
1		neglect, or financial exploitation by complaint filed with the
2		Illinois Civil Service Commission, or by another means which
3		seeks to enforce the caregiver's rights pursuant to any
4		applicable collective bargaining agreement. If an action taken
5		by an employer against a caregiver as a result of such a
6		finding is overturned through an action filed with the Illinois
7		Civil Service Commission or under any applicable collective
8		bargaining agreement after that caregiver's name has already
9		been sent to the Registry, the caregiver's name shall be
10		removed from the Registry.
11		(i) Removal from Registry. At any time after a report to
12		the Registry, but no more than once in each successive 3-year
13		period thereafter, for a maximum of 3 such requests, a
14		caregiver may request removal of his or her name from the
15		Registry in relationship to a single incident. The caregiver
16		shall bear the burden of establishing, by a preponderance of
17		the evidence, that removal of his or her name from the Registry
18		is in the public interest. Upon receiving such a request, the
19		Department on Aging shall conduct an investigation and consider
20		any evidentiary material provided. The Department shall issue a
21		decision either granting or denying removal to the caregiver
22		and report it to the Registry. The Department shall, by rule,
23		establish standards and a process for requesting the removal of
24		a name from the Registry.
25		(j) Referral of Registry reports to health care facilities.
26		In the event an eligible adult receiving services from a

HB4137 Engrossed - 632 - LRB099 07987 AMC 28127 b
1		provider agency changes his or her residence from a domestic
2		living situation to that of a health care or long term care
3		facility, the provider agency shall use reasonable efforts to
4		promptly inform the facility and the appropriate Regional Long
5		Term Care Ombudsman about any Registry reports relating to the
6		eligible adult. For purposes of this Section, a health care or
7		long term care facility includes, but is not limited to, any
8		residential facility licensed, certified, or regulated by the
9		Department of Public Health, Healthcare and Family Services, or
10		Human Services.
11		(k) The Department on Aging and its employees and agents
12		shall have immunity, except for intentional willful and wanton
13		misconduct, from any liability, civil, criminal, or otherwise,
14		for reporting information to and maintaining the Registry.
15		(Source: P.A. 98-49, eff. 1-1-14; 98-756, eff. 7-16-14;
16		98-1039, eff. 8-25-14; revised 10-2-14.)
17		(320 ILCS 20/15)
18		Sec. 15. Fatality Review Teams.
19		(a) State policy.
20		(1) Both the State and the community maintain a
21		commitment to preventing the abuse, neglect, and financial
22		exploitation of at-risk adults. This includes a charge to
23		bring perpetrators of crimes against at-risk adults to
24		justice and prevent untimely deaths in the community.
25		(2) When an at-risk adult dies, the response to the

HB4137 Engrossed - 633 - LRB099 07987 AMC 28127 b
1		death by the community, law enforcement, and the State must
2		include an accurate and complete determination of the cause
3		of death, and the development and implementation of
4		measures to prevent future deaths from similar causes.
5		(3) Multidisciplinary and multi-agency reviews of
6		deaths can assist the State and counties in developing a
7		greater understanding of the incidence and causes of
8		premature deaths and the methods for preventing those
9		deaths, improving methods for investigating deaths, and
10		identifying gaps in services to at-risk adults.
11		(4) Access to information regarding the deceased
12		person and his or her family by multidisciplinary and
13		multi-agency fatality review teams is necessary in order to
14		fulfill their purposes and duties.
15		(a-5) Definitions. As used in this Section:
16		"Advisory Council" means the Illinois Fatality Review
17		Team Advisory Council.
18		"Review Team" means a regional interagency fatality
19		review team.
20		(b) The Director, in consultation with the Advisory
21		Council, law enforcement, and other professionals who work in
22		the fields of investigating, treating, or preventing abuse or
23		neglect of at-risk adults, shall appoint members to a minimum
24		of one review team in each of the Department's planning and
25		service areas. Each member of a review team shall be appointed
26		for a 2-year term and shall be eligible for reappointment upon

HB4137 Engrossed - 634 - LRB099 07987 AMC 28127 b
1		the expiration of the term. A review team's purpose in
2		conducting review of at-risk adult deaths is: (i) to assist
3		local agencies in identifying and reviewing suspicious deaths
4		of adult victims of alleged, suspected, or substantiated abuse
5		or neglect in domestic living situations; (ii) to facilitate
6		communications between officials responsible for autopsies and
7		inquests and persons involved in reporting or investigating
8		alleged or suspected cases of abuse, neglect, or financial
9		exploitation of at-risk adults and persons involved in
10		providing services to at-risk adults; (iii) to evaluate means
11		by which the death might have been prevented; and (iv) to
12		report its findings to the appropriate agencies and the
13		Advisory Council and make recommendations that may help to
14		reduce the number of at-risk adult deaths caused by abuse and
15		neglect and that may help to improve the investigations of
16		deaths of at-risk adults and increase prosecutions, if
17		appropriate.
18		(b-5) Each such team shall be composed of representatives
19		of entities and individuals including, but not limited to:
20		(1) the Department on Aging;
21		(2) coroners or medical examiners (or both);
22		(3) State's Attorneys;
23		(4) local police departments;
24		(5) forensic units;
25		(6) local health departments;
26		(7) a social service or health care agency that

HB4137 Engrossed - 635 - LRB099 07987 AMC 28127 b
1		provides services to persons with mental illness, in a
2		program whose accreditation to provide such services is
3		recognized by the Division of Mental Health within the
4		Department of Human Services;
5		(8) a social service or health care agency that
6		provides services to persons with developmental
7		disabilities, in a program whose accreditation to provide
8		such services is recognized by the Division of
9		Developmental Disabilities within the Department of Human
10		Services;
11		(9) a local hospital, trauma center, or provider of
12		emergency medicine;
13		(10) providers of services for eligible adults in
14		domestic living situations; and
15		(11) a physician, psychiatrist, or other health care
16		provider knowledgeable about abuse and neglect of at-risk
17		adults.
18		(c) A review team shall review cases of deaths of at-risk
19		adults occurring in its planning and service area (i) involving
20		blunt force trauma or an undetermined manner or suspicious
21		cause of death; , (ii) if requested by the deceased's attending
22		physician or an emergency room physician; , (iii) upon referral
23		by a health care provider; , (iv) upon referral by a coroner or
24		medical examiner; , (v) constituting an open or closed case from
25		an adult protective services agency, law enforcement agency,
26		State's Attorney's office, or the Department of Human Services'

HB4137 Engrossed - 636 - LRB099 07987 AMC 28127 b
1		Office of the Inspector General that involves alleged or
2		suspected abuse, neglect, or financial exploitation; or (vi)
3		upon referral by a law enforcement agency or State's Attorney's
4		office. If such a death occurs in a planning and service area
5		where a review team has not yet been established, the Director
6		shall request that the Advisory Council or another review team
7		review that death. A team may also review deaths of at-risk
8		adults if the alleged abuse or neglect occurred while the
9		person was residing in a domestic living situation.
10		A review team shall meet not less than 6 times a year to
11		discuss cases for its possible review. Each review team, with
12		the advice and consent of the Department, shall establish
13		criteria to be used in discussing cases of alleged, suspected,
14		or substantiated abuse or neglect for review and shall conduct
15		its activities in accordance with any applicable policies and
16		procedures established by the Department.
17		(c-5) The Illinois Fatality Review Team Advisory Council,
18		consisting of one member from each review team in Illinois,
19		shall be the coordinating and oversight body for review teams
20		and activities in Illinois. The Director may appoint to the
21		Advisory Council any ex-officio members deemed necessary.
22		Persons with expertise needed by the Advisory Council may be
23		invited to meetings. The Advisory Council must select from its
24		members a chairperson and a vice-chairperson, each to serve a
25		2-year term. The chairperson or vice-chairperson may be
26		selected to serve additional, subsequent terms. The Advisory

HB4137 Engrossed - 637 - LRB099 07987 AMC 28127 b
1		Council must meet at least 4 times during each calendar year.
2		The Department may provide or arrange for the staff support
3		necessary for the Advisory Council to carry out its duties. The
4		Director, in cooperation and consultation with the Advisory
5		Council, shall appoint, reappoint, and remove review team
6		members.
7		The Advisory Council has, but is not limited to, the
8		following duties:
9		(1) To serve as the voice of review teams in Illinois.
10		(2) To oversee the review teams in order to ensure that
11		the review teams' work is coordinated and in compliance
12		with State statutes and the operating protocol.
13		(3) To ensure that the data, results, findings, and
14		recommendations of the review teams are adequately used in
15		a timely manner to make any necessary changes to the
16		policies, procedures, and State statutes in order to
17		protect at-risk adults.
18		(4) To collaborate with the Department in order to
19		develop any legislation needed to prevent unnecessary
20		deaths of at-risk adults.
21		(5) To ensure that the review teams' review processes
22		are standardized in order to convey data, findings, and
23		recommendations in a usable format.
24		(6) To serve as a link with review teams throughout the
25		country and to participate in national review team
26		activities.

HB4137 Engrossed - 638 - LRB099 07987 AMC 28127 b
1		(7) To provide the review teams with the most current
2		information and practices concerning at-risk adult death
3		review and related topics.
4		(8) To perform any other functions necessary to enhance
5		the capability of the review teams to reduce and prevent
6		at-risk adult fatalities.
7		The Advisory Council may prepare an annual report, in
8		consultation with the Department, using aggregate data
9		gathered by review teams and using the review teams'
10		recommendations to develop education, prevention, prosecution,
11		or other strategies designed to improve the coordination of
12		services for at-risk adults and their families.
13		In any instance where a review team does not operate in
14		accordance with established protocol, the Director, in
15		consultation and cooperation with the Advisory Council, must
16		take any necessary actions to bring the review team into
17		compliance with the protocol.
18		(d) Any document or oral or written communication shared
19		within or produced by the review team relating to a case
20		discussed or reviewed by the review team is confidential and is
21		not admissible as evidence in any civil or criminal proceeding,
22		except for use by a State's Attorney's office in prosecuting a
23		criminal case against a caregiver. Those records and
24		information are, however, subject to discovery or subpoena, and
25		are admissible as evidence, to the extent they are otherwise
26		available to the public.

HB4137 Engrossed - 639 - LRB099 07987 AMC 28127 b
1		Any document or oral or written communication provided to a
2		review team by an individual or entity, and created by that
3		individual or entity solely for the use of the review team, is
4		confidential, is not subject to disclosure to or discoverable
5		by another party, and is not admissible as evidence in any
6		civil or criminal proceeding, except for use by a State's
7		Attorney's office in prosecuting a criminal case against a
8		caregiver. Those records and information are, however, subject
9		to discovery or subpoena, and are admissible as evidence, to
10		the extent they are otherwise available to the public.
11		Each entity or individual represented on the fatality
12		review team may share with other members of the team
13		information in the entity's or individual's possession
14		concerning the decedent who is the subject of the review or
15		concerning any person who was in contact with the decedent, as
16		well as any other information deemed by the entity or
17		individual to be pertinent to the review. Any such information
18		shared by an entity or individual with other members of the
19		review team is confidential. The intent of this paragraph is to
20		permit the disclosure to members of the review team of any
21		information deemed confidential or privileged or prohibited
22		from disclosure by any other provision of law. Release of
23		confidential communication between domestic violence advocates
24		and a domestic violence victim shall follow subsection (d) of
25		Section 227 of the Illinois Domestic Violence Act of 1986 which
26		allows for the waiver of privilege afforded to guardians,

HB4137 Engrossed - 640 - LRB099 07987 AMC 28127 b
1		executors, or administrators of the estate of the domestic
2		violence victim. This provision relating to the release of
3		confidential communication between domestic violence advocates
4		and a domestic violence victim shall exclude adult protective
5		service providers.
6		A coroner's or medical examiner's office may share with the
7		review team medical records that have been made available to
8		the coroner's or medical examiner's office in connection with
9		that office's investigation of a death.
10		Members of a review team and the Advisory Council are not
11		subject to examination, in any civil or criminal proceeding,
12		concerning information presented to members of the review team
13		or the Advisory Council or opinions formed by members of the
14		review team or the Advisory Council based on that information.
15		A person may, however, be examined concerning information
16		provided to a review team or the Advisory Council.
17		(d-5) Meetings of the review teams and the Advisory Council
18		may be closed to the public under the Open Meetings Act.
19		Records and information provided to a review team and the
20		Advisory Council, and records maintained by a team or the
21		Advisory Council, are exempt from release under the Freedom of
22		Information Act.
23		(e) A review team's recommendation in relation to a case
24		discussed or reviewed by the review team, including, but not
25		limited to, a recommendation concerning an investigation or
26		prosecution, may be disclosed by the review team upon the

HB4137 Engrossed - 641 - LRB099 07987 AMC 28127 b
1		completion of its review and at the discretion of a majority of
2		its members who reviewed the case.
3		(e-5) The State shall indemnify and hold harmless members
4		of a review team and the Advisory Council for all their acts,
5		omissions, decisions, or other conduct arising out of the scope
6		of their service on the review team or Advisory Council, except
7		those involving willful or wanton misconduct. The method of
8		providing indemnification shall be as provided in the State
9		Employee Indemnification Act.
10		(f) The Department, in consultation with coroners, medical
11		examiners, and law enforcement agencies, shall use aggregate
12		data gathered by and recommendations from the Advisory Council
13		and the review teams to create an annual report and may use
14		those data and recommendations to develop education,
15		prevention, prosecution, or other strategies designed to
16		improve the coordination of services for at-risk adults and
17		their families. The Department or other State or county agency,
18		in consultation with coroners, medical examiners, and law
19		enforcement agencies, also may use aggregate data gathered by
20		the review teams to create a database of at-risk individuals.
21		(g) The Department shall adopt such rules and regulations
22		as it deems necessary to implement this Section.
23		(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
24		revised 11-26-14.)
25		Section 350. The Abused and Neglected Child Reporting Act

HB4137 Engrossed - 642 - LRB099 07987 AMC 28127 b
1		is amended by changing Sections 7.8 and 7.14 as follows:
2		(325 ILCS 5/7.8) (from Ch. 23, par. 2057.8)
3		Sec. 7.8. Upon receiving an oral or written report of
4		suspected child abuse or neglect, the Department shall
5		immediately notify, either orally or electronically, the Child
6		Protective Service Unit of a previous report concerning a
7		subject of the present report or other pertinent information.
8		In addition, upon satisfactory identification procedures, to
9		be established by Department regulation, any person authorized
10		to have access to records under Section 11.1 relating to child
11		abuse and neglect may request and shall be immediately provided
12		the information requested in accordance with this Act. However,
13		no information shall be released unless it prominently states
14		the report is "indicated", and only information from
15		"indicated" reports shall be released, except that information
16		concerning pending reports may be released pursuant to Sections
17		7.14 and 7.22 of this Act to the attorney or guardian ad litem
18		appointed under Section 2-17 of the Juvenile Court Act of 1987
19		and to any person authorized under paragraphs (1), (2), (3) and
20		(11) of Section 11.1. In addition, State's Attorneys are
21		authorized to receive unfounded reports for prosecution
22		purposes related to the transmission of false reports of child
23		abuse or neglect in violation of subsection (a), paragraph (7)
24		of Section 26-1 of the Criminal Code of 2012 and attorneys and
25		guardians ad litem appointed under Article II of the Juvenile

HB4137 Engrossed - 643 - LRB099 07987 AMC 28127 b
1		Court Act of 1987 shall receive the reports set forth in
2		Section 7.14 of this Act in conformance with paragraph (19) of
3		Section 11.1 and Section 7.14 of this Act. The names and other
4		identifying data and the dates and the circumstances of any
5		persons requesting or receiving information from the central
6		register shall be entered in the register record.
7		(Source: P.A. 97-1150, eff. 1-25-13; 98-807, eff. 8-1-14;
8		revised 11-25-14.)
9		(325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
10		Sec. 7.14. All reports in the central register shall be
11		classified in one of three categories: "indicated",
12		"unfounded" or "undetermined", as the case may be. Prior to
13		classifying the report, the person making the classification
14		shall determine whether the child named in the report is the
15		subject of an action under Article II of the Juvenile Court Act
16		of 1987. If the child is the subject of an action under Article
17		II of the Juvenile Court Act of 1987 and the Department intends
18		to classify the report as indicated, the Department shall,
19		within 45 days of classification of the report, transmit a copy
20		of the report to the attorney or guardian ad litem appointed
21		for the child under Section 2-17 of the Juvenile Court Act of
22		1987. If the child is the subject of an action under Article II
23		of the Juvenile Court Act of 1987 and the Department intends to
24		classify the report as unfounded, the Department shall, within
25		45 days of deciding its intent to classify the report as

HB4137 Engrossed - 644 - LRB099 07987 AMC 28127 b
1		unfounded, transmit a copy of the report and written notice of
2		the Department's intent to the attorney or guardian ad litem
3		appointed for the child under Section 2-17 of the Juvenile
4		Court Act of 1987. All information identifying the subjects of
5		an unfounded report shall be expunged from the register
6		forthwith, except as provided in Section 7.7. Unfounded reports
7		may only be made available to the Child Protective Service Unit
8		when investigating a subsequent report of suspected abuse or
9		maltreatment involving a child named in the unfounded report;
10		and to the subject of the report, provided the Department has
11		not expunged the file in accordance with Section 7.7. The Child
12		Protective Service Unit shall not indicate the subsequent
13		report solely based upon the existence of the prior unfounded
14		report or reports. Notwithstanding any other provision of law
15		to the contrary, an unfounded report shall not be admissible in
16		any judicial or administrative proceeding or action.
17		Identifying information on all other records shall be removed
18		from the register no later than 5 years after the report is
19		indicated. However, if another report is received involving the
20		same child, his sibling or offspring, or a child in the care of
21		the persons responsible for the child's welfare, or involving
22		the same alleged offender, the identifying information may be
23		maintained in the register until 5 years after the subsequent
24		case or report is closed.
25		Notwithstanding any other provision of this Section,
26		identifying information in indicated reports involving serious

HB4137 Engrossed - 645 - LRB099 07987 AMC 28127 b
1		physical injury to a child as defined by the Department in
2		rules, may be retained longer than 5 years after the report is
3		indicated or after the subsequent case or report is closed, and
4		may not be removed from the register except as provided by the
5		Department in rules. Identifying information in indicated
6		reports involving sexual penetration of a child, sexual
7		molestation of a child, sexual exploitation of a child, torture
8		of a child, or the death of a child, as defined by the
9		Department in rules, shall be retained for a period of not less
10		than 50 years after the report is indicated or after the
11		subsequent case or report is closed.
12		For purposes of this Section "child" includes an adult
13		resident as defined in this Act.
14		(Source: P.A. 97-333, eff. 8-12-11; 98-453, eff. 8-16-13;
15		98-807, eff. 8-1-14; revised 11-25-14.)
16		Section 355. The Lead Poisoning Prevention Act is amended
17		by changing Sections 4, 5, 6.2, 7.2, 9.4, and 10 as follows:
18		(410 ILCS 45/4) (from Ch. 111 1/2, par. 1304)
19		Sec. 4. Sale of items containing lead-bearing substance. No
20		person shall sell, have, offer for sale, or transfer toys,
21		furniture, clothing, accessories, jewelry, decorative objects,
22		edible items, candy, food, dietary supplements, or other
23		articles used by or intended to be chewable by children that
24		contain contains a lead-bearing substance.

HB4137 Engrossed - 646 - LRB099 07987 AMC 28127 b
1		(Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)
2		(410 ILCS 45/5) (from Ch. 111 1/2, par. 1305)
3		Sec. 5. Sale of objects containing lead-bearing substance.
4		No person shall sell or transfer or offer for sale or transfer
5		any fixtures or other objects intended to be used, installed,
6		or located in or upon any surface of a regulated facility, that
7		contain contains a lead-bearing substance and that, in the
8		ordinary course of use, are accessible to or chewable by
9		children.
10		(Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)
11		(410 ILCS 45/6.2) (from Ch. 111 1/2, par. 1306.2)
12		Sec. 6.2. Testing children and pregnant persons.
13		(a) Any physician licensed to practice medicine in all its
14		branches or health care provider who sees or treats children 6
15		years of age or younger shall test those children for lead
16		poisoning when those children reside in an area defined as high
17		risk by the Department. Children residing in areas defined as
18		low risk by the Department shall be evaluated for risk by the
19		Childhood Lead Risk Questionnaire developed by the Department
20		and tested if indicated. Children shall be evaluated in
21		accordance with rules adopted by the Department.
22		(b) Each licensed, registered, or approved health care
23		facility serving children 6 years of age or younger, including,
24		but not limited to, health departments, hospitals, clinics, and

HB4137 Engrossed - 647 - LRB099 07987 AMC 28127 b
1		health maintenance organizations approved, registered, or
2		licensed by the Department, shall take the appropriate steps to
3		ensure that children 6 years of age or younger be evaluated for
4		risk or tested for lead poisoning or both.
5		(c) Children 7 years and older and pregnant persons may
6		also be tested by physicians or health care providers, in
7		accordance with rules adopted by the Department. Physicians and
8		health care providers shall also evaluate children for lead
9		poisoning in conjunction with the school health examination, as
10		required under the School Code, when, in the medical judgement
11		of the physician, advanced practice nurse who has a written
12		collaborative agreement with a collaborating physician that
13		authorizes the advance practice nurse to perform health
14		examinations, or physician assistant who has been delegated to
15		perform health examinations by the supervising physician, the
16		child is potentially at high risk of lead poisoning.
17		(d) (Blank).
18		(Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)
19		(410 ILCS 45/7.2) (from Ch. 111 1/2, par. 1307.2)
20		Sec. 7.2. Fees; reimbursement; Lead Poisoning Screening,
21		Prevention, and Abatement Fund.
22		(a) The Department may establish fees according to a
23		reasonable fee structure to cover the cost of providing a
24		testing service for laboratory analysis of blood lead tests and
25		any necessary follow-up. Fees collected from the Department's

HB4137 Engrossed - 648 - LRB099 07987 AMC 28127 b
1		testing service shall be placed in a special fund in the State
2		treasury known as the Lead Poisoning Screening, Prevention, and
3		Abatement Fund. Other State and federal funds for expenses
4		related to lead poisoning screening, follow-up, treatment, and
5		abatement programs may also be placed in the Fund. Moneys shall
6		be appropriated from the Fund to the Department for the
7		implementation and enforcement of this Act.
8		(b) The Department shall certify, as required by the
9		Department of Healthcare and Family Services, any
10		non-reimbursed public expenditures for all approved lead
11		testing and evaluation activities for Medicaid-eligible
12		children expended by the Department from the non-federal
13		portion of funds, including, but not limited to, assessment of
14		home, physical, and family environments; comprehensive
15		environmental lead investigation; and laboratory services for
16		Medicaid-eligible children. The Department of Healthcare and
17		Family Services shall provide appropriate Current Procedural
18		Terminology (CPT) Codes for all billable services and claim
19		federal financial participation for the properly certified
20		public expenditures submitted to it by the Department. Any
21		federal financial participation revenue received pursuant to
22		this Act shall be deposited in the Lead Poisoning Screening,
23		Prevention, and Abatement Fund.
24		(c) Any delegate agency may establish fees, according to a
25		reasonable fee structure, to cover the costs of drawing blood
26		for blood lead testing and evaluation and any necessary

HB4137 Engrossed - 649 - LRB099 07987 AMC 28127 b
1		follow-up.
2		(Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)
3		(410 ILCS 45/9.4)
4		Sec. 9.4. Owner's obligation to post notice. The owner of a
5		regulated facility who has received a mitigation notice under
6		Section 9 of this Act shall post notices at all entrances to
7		the regulated facility specifying the identified lead hazards.
8		The posted notices, drafted by the Department and sent to the
9		property owner with the notification of lead hazards, shall
10		indicate the following:
11		(1) that a unit or units in the building have been
12		found to have lead hazards;
13		(2) that other units in the building may have lead
14		hazards;
15		(3) that the Department recommends that children 6
16		years of age or younger receive a blood lead testing;
17		(4) where to seek further information; and
18		(5) whether 2 or more mitigation notices have been
19		issued for the regulated facility within a 5-year period of
20		time.
21		Once the owner has complied with a mitigation notice or
22		mitigation order issued by the Department, the owner may remove
23		the notices posted pursuant to this Section.
24		(Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)

HB4137 Engrossed - 650 - LRB099 07987 AMC 28127 b
1		(410 ILCS 45/10) (from Ch. 111 1/2, par. 1310)
2		Sec. 10. The Department, or representative of a unit of
3		local government or health department approved by the
4		Department for this purpose, shall report any violation of this
5		Act to the State's Attorney of the county in which the
6		regulated facility is located. The State's Attorney has the
7		authority to charge the owner with a Class A misdemeanor, and
8		who shall take additional measures to ensure that rent is
9		withheld from the owner by the occupants of the dwelling units
10		affected, until the mitigation requirements under Section 9 of
11		this Act are complied with.
12		No tenant shall be evicted because rent is withheld under
13		the provisions of this Act, or because of any action required
14		of the owner of the regulated facility as a result of
15		enforcement of this Act.
16		(Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)
17		Section 360. The AIDS Confidentiality Act is amended by
18		changing Sections 9 and 9.7 as follows:
19		(410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
20		Sec. 9. (1) No person may disclose or be compelled to
21		disclose HIV-related information, except to the following
22		persons:
23		(a) The subject of an HIV test or the subject's legally
24		authorized representative. A physician may notify the

HB4137 Engrossed - 651 - LRB099 07987 AMC 28127 b
1		spouse of the test subject, if the test result is positive
2		and has been confirmed pursuant to rules adopted by the
3		Department, provided that the physician has first sought
4		unsuccessfully to persuade the patient to notify the spouse
5		or that, a reasonable time after the patient has agreed to
6		make the notification, the physician has reason to believe
7		that the patient has not provided the notification. This
8		paragraph shall not create a duty or obligation under which
9		a physician must notify the spouse of the test results, nor
10		shall such duty or obligation be implied. No civil
11		liability or criminal sanction under this Act shall be
12		imposed for any disclosure or non-disclosure of a test
13		result to a spouse by a physician acting in good faith
14		under this paragraph. For the purpose of any proceedings,
15		civil or criminal, the good faith of any physician acting
16		under this paragraph shall be presumed.
17		(b) Any person designated in a legally effective
18		authorization for release of the HIV-related information
19		executed by the subject of the HIV-related information or
20		the subject's legally authorized representative.
21		(c) An authorized agent or employee of a health
22		facility or health care provider if the health facility or
23		health care provider itself is authorized to obtain the
24		test results, the agent or employee provides patient care
25		or handles or processes specimens of body fluids or
26		tissues, and the agent or employee has a need to know such

HB4137 Engrossed - 652 - LRB099 07987 AMC 28127 b
1		information.
2		(d) The Department and local health authorities
3		serving a population of over 1,000,000 residents or other
4		local health authorities as designated by the Department,
5		in accordance with rules for reporting, preventing, and
6		controlling the spread of disease and the conduct of public
7		health surveillance, public health investigations, and
8		public health interventions, as otherwise provided by
9		State law. The Department, local health authorities, and
10		authorized representatives shall not disclose HIV test
11		results and HIV-related information, publicly or in any
12		action of any kind in any court or before any tribunal,
13		board, or agency. HIV test results and HIV-related
14		information shall be protected from disclosure in
15		accordance with the provisions of Sections 8-2101 through
16		8-2105 of the Code of Civil Procedure.
17		(e) A health facility, health care provider, or health
18		care professional which procures, processes, distributes
19		or uses: (i) a human body part from a deceased person with
20		respect to medical information regarding that person; or
21		(ii) semen provided prior to the effective date of this Act
22		for the purpose of artificial insemination.
23		(f) Health facility staff committees for the purposes
24		of conducting program monitoring, program evaluation or
25		service reviews.
26		(f-5) A court in accordance with the provisions of

HB4137 Engrossed - 653 - LRB099 07987 AMC 28127 b
1		Section 12-5.01 of the Criminal Code of 2012.
2		(g) (Blank).
3		(h) Any health care provider, health care
4		professional, or employee of a health facility, and any
5		firefighter or EMR, EMT, A-EMT, paramedic, PHRN, or EMT-I,
6		involved in an accidental direct skin or mucous membrane
7		contact with the blood or bodily fluids of an individual
8		which is of a nature that may transmit HIV, as determined
9		by a physician in his medical judgment.
10		(i) Any law enforcement officer, as defined in
11		subsection (c) of Section 7, involved in the line of duty
12		in a direct skin or mucous membrane contact with the blood
13		or bodily fluids of an individual which is of a nature that
14		may transmit HIV, as determined by a physician in his
15		medical judgment.
16		(j) A temporary caretaker of a child taken into
17		temporary protective custody by the Department of Children
18		and Family Services pursuant to Section 5 of the Abused and
19		Neglected Child Reporting Act, as now or hereafter amended.
20		(k) In the case of a minor under 18 years of age whose
21		test result is positive and has been confirmed pursuant to
22		rules adopted by the Department, the health care
23		professional who ordered the test shall make a reasonable
24		effort to notify the minor's parent or legal guardian if,
25		in the professional judgment of the health care
26		professional, notification would be in the best interest of

HB4137 Engrossed - 654 - LRB099 07987 AMC 28127 b
1		the child and the health care professional has first sought
2		unsuccessfully to persuade the minor to notify the parent
3		or legal guardian or a reasonable time after the minor has
4		agreed to notify the parent or legal guardian, the health
5		care professional has reason to believe that the minor has
6		not made the notification. This subsection shall not create
7		a duty or obligation under which a health care professional
8		must notify the minor's parent or legal guardian of the
9		test results, nor shall a duty or obligation be implied. No
10		civil liability or criminal sanction under this Act shall
11		be imposed for any notification or non-notification of a
12		minor's test result by a health care professional acting in
13		good faith under this subsection. For the purpose of any
14		proceeding, civil or criminal, the good faith of any health
15		care professional acting under this subsection shall be
16		presumed.
17		(2) All information and records held by a State agency,
18		local health authority, or health oversight agency pertaining
19		to HIV-related information shall be strictly confidential and
20		exempt from copying and inspection under the Freedom of
21		Information Act. The information and records shall not be
22		released or made public by the State agency, local health
23		authority, or health oversight agency, shall not be admissible
24		as evidence nor discoverable in any action of any kind in any
25		court or before any tribunal, board, agency, or person, and
26		shall be treated in the same manner as the information and

HB4137 Engrossed - 655 - LRB099 07987 AMC 28127 b
1		those records subject to the provisions of Part 21 of Article
2		VIII of the Code of Civil Procedure, except under the following
3		circumstances:
4		(A) when made with the written consent of all persons
5		to whom the information pertains; or
6		(B) when authorized by Section 5-4-3 of the Unified
7		Code of Corrections.
8		Disclosure shall be limited to those who have a need to
9		know the information, and no additional disclosures may be
10		made.
11		(Source: P.A. 97-1046, eff. 8-21-12; 97-1150, eff. 1-25-13;
12		98-973, eff. 8-15-14; 98-1046, eff. 1-1-15; revised 10-1-14.)
13		(410 ILCS 305/9.7)
14		Sec. 9.7. Record locator service to support HIE. Section
15		9.9 of the Mental Health and Developmental Disabilities and
16		Confidentiality Act is herein incorporated by reference.
17		(Source: P.A. 98-1046, eff. 1-1-15; revised 11-26-14.)
18		Section 365. The Health Care Professional Credentials Data
19		Collection Act is amended by changing Section 51 as follows:
20		(410 ILCS 517/51)
21		Sec. 51. Licensure records. Licensure records designated
22		confidential and considered expunged for reporting purposes by
23		the licensee under Section 2105-207 of the Civil Administrative

HB4137 Engrossed - 656 - LRB099 07987 AMC 28127 b
1		Code of Illinois are not reportable under this Act.
2		(Source: P.A. 98-816, eff. 8-1-14; revised 12-10-14.)
3		Section 370. The Illinois Food, Drug and Cosmetic Act is
4		amended by changing Section 3.21 as follows:
5		(410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)
6		Sec. 3.21. Except as authorized by this Act, the Illinois
7		Controlled Substances Act, the Pharmacy Practice Act, the
8		Dental Practice Act, the Medical Practice Act of 1987, the
9		Veterinary Medicine and Surgery Practice Act of 2004, the
10		Podiatric Medical Practice Act of 1987, or Section 22-30 of the
11		School Code, to sell or dispense a prescription drug without a
12		prescription.
13		(Source: P.A. 97-361, eff. 8-15-11; revised 11-26-14.)
14		Section 375. The Food Handling Regulation Enforcement Act
15		is amended by changing Section 3.06 and setting forth and
16		renumbering multiple versions of Section 3.4 as follows:
17		(410 ILCS 625/3.06)
18		Sec. 3.06. Food handler training; restaurants.
19		(a) For the purpose of this Section, "restaurant" means any
20		business that is primarily engaged in the sale of ready-to-eat
21		food for immediate consumption. "Primarily engaged" means
22		having sales of ready-to-eat food for immediate consumption

HB4137 Engrossed - 657 - LRB099 07987 AMC 28127 b
1		comprising at least 51% of the total sales, excluding the sale
2		of liquor.
3		(b) Unless otherwise provided, all food handlers employed
4		by a restaurant, other than someone holding a food service
5		sanitation manager certificate, must receive or obtain
6		American National Standards Institute-accredited training in
7		basic safe food handling principles within 30 days after
8		employment and every 3 years thereafter. Notwithstanding the
9		provisions of Section 3.05 of this Act, food handlers employed
10		in nursing homes, licensed day care homes and facilities,
11		hospitals, schools, and long-term care facilities must renew
12		their training every 3 years. There is no limit to how many
13		times an employee may take the training. The training indicated
14		in subsections (e) and (f) of this Section is transferable
15		between employers, but not individuals. The training indicated
16		in subsections (c) and (d) of this Section is not transferable
17		between individuals or employers. Proof that a food handler has
18		been trained must be available upon reasonable request by a
19		State or local health department inspector and may be provided
20		electronically.
21		(c) If a business with an internal training program is
22		approved in another state prior to the effective date of this
23		amendatory Act of the 98th General Assembly, then the
24		business's training program and assessment shall be
25		automatically approved by the Department upon the business
26		providing proof that the program is approved in said state.

HB4137 Engrossed - 658 - LRB099 07987 AMC 28127 b
1		(d) The Department shall approve the training program of
2		any multi-state business with a plan that follows the
3		guidelines in subsection (b) of Section 3.05 of this Act and is
4		on file with the Department by May 15, 2013.
5		(e) If an entity uses an American National Standards
6		Institute food handler training accredited program, that
7		training program shall be automatically approved by the
8		Department.
9		(f) Certified local health departments in counties serving
10		jurisdictions with a population of 100,000 or less, as reported
11		by the U.S. Census Bureau in the 2010 Census of Population, may
12		have a training program. The training program must meet the
13		requirements of Section 3.05(b) and be approved by the
14		Department. This Section notwithstanding, certified local
15		health departments in the following counties may have a
16		training program:
17		(1) a county with a population of 677,560 as reported
18		by the U.S. Census Bureau in the 2010 Census of Population;
19		(2) a county with a population of 308,760 as reported
20		by the U.S. Census Bureau in the 2010 Census of Population;
21		(3) a county with a population of 515,269 as reported
22		by the U.S. Census Bureau in the 2010 Census of Population;
23		(4) a county with a population of 114,736 as reported
24		by the U.S. Census Bureau in the 2010 Census of Population;
25		(5) a county with a population of 110,768 as reported
26		by the U.S. Census Bureau in the 2010 Census of Population;

HB4137 Engrossed - 659 - LRB099 07987 AMC 28127 b
1		(6) a county with a population of 135,394 as reported
2		by the U.S. Census Bureau in the 2010 Census of Population.
3		The certified local health departments in paragraphs (1)
4		through (6) of this subsection (f) must have their training
5		programs program on file with the Department no later than 90
6		days after the effective date of this Act. Any modules that
7		meet the requirements of subsection (b) of Section 3.05 of this
8		Act and are not approved within 180 days after the Department's
9		receipt of the application of the entity seeking to conduct the
10		training shall automatically be considered approved by the
11		Department.
12		(g) Any and all documents, materials, or information
13		related to a restaurant or business food handler training
14		module submitted to the Department is confidential and shall
15		not be open to public inspection or dissemination and is exempt
16		from disclosure under Section 7 of the Freedom of Information
17		Act. Training may be conducted by any means available,
18		including, but not limited to, on-line, computer, classroom,
19		live trainers, remote trainers, and certified food service
20		sanitation managers. There must be at least one commercially
21		available, approved food handler training module at a cost of
22		no more than $15 per employee; if an approved food handler
23		training module is not available at that cost, then the
24		provisions of this Section 3.06 shall not apply.
25		(h) The regulation of food handler training is considered
26		to be an exclusive function of the State, and local regulation

HB4137 Engrossed - 660 - LRB099 07987 AMC 28127 b
1		is prohibited. This subsection (h) is a denial and limitation
2		of home rule powers and functions under subsection (h) of
3		Section 6 of Article VII of the Illinois Constitution.
4		(i) The provisions of this Section apply beginning July 1,
5		2014. From July 1, 2014 through December 31, 2014, enforcement
6		of the provisions of this Section shall be limited to education
7		and notification of requirements to encourage compliance.
8		(Source: P.A. 98-566, eff. 8-27-13; revised 12-10-14.)
9		(410 ILCS 625/3.4)
10		Sec. 3.4. Product samples.
11		(a) For the purpose of this Section, "food product
12		sampling" means food product samples distributed free of charge
13		for promotional or educational purposes only.
14		(b) Notwithstanding any other provision of law, except as
15		provided in subsection (c) of this Section, a vendor who
16		engages in food product sampling at a farmers' market may do so
17		without obtaining a State or local permit to provide those food
18		product samples, provided the vendor complies with the State
19		and local permit requirements to sell the food product to be
20		sampled and with the food preparation, food handling, food
21		storage, and food sampling requirements specified in the
22		administrative rules adopted by the Department to implement
23		Section 3.3 and Section 3.4 of this Act.
24		The Department of Public Health is instructed to work with
25		the Farmers' Market Task Force as created in Section 3.3 of

HB4137 Engrossed - 661 - LRB099 07987 AMC 28127 b
1		this Act to establish a food sampling at farmers' market
2		training and certification program to fulfill this
3		requirement. The Department shall adopt rules for the food
4		sampling training and certification program and product
5		sampling requirements at farmers' markets in accordance with
6		subsection (j) of Section 3.3. The Department may charge a
7		reasonable fee for the training and certification program. The
8		Department may delegate or contract authority to administer the
9		food sampling training to other qualified public and private
10		entities.
11		(c) Notwithstanding the provisions of subsection (b) of
12		this Section, the Department of Public Health, the Department
13		of Agriculture, a local municipal health department, or a
14		certified local health department may inspect a vendor at a
15		farmers' market to ensure compliance with the provisions in
16		this Section. If an imminent health hazard exists or a vendor's
17		product has been found to be misbranded, adulterated, or not in
18		compliance with the permit exemption for vendors pursuant to
19		this Section, then the regulatory authority may invoke
20		cessation of sales until it deems that the situation has been
21		addressed.
22		(Source: P.A. 98-660, eff. 6-23-14.)
23		(410 ILCS 625/3.6)
24		Sec. 3.6 3.4. Home kitchen operation.
25		(a) For the purpose of this Section, "home kitchen

HB4137 Engrossed - 662 - LRB099 07987 AMC 28127 b
1		operation" means a person who produces or packages
2		non-potentially hazardous food in a kitchen of that person's
3		primary domestic residence for direct sale by the owner or a
4		family member, or for sale by a religious, charitable, or
5		nonprofit organization, stored in the residence where the food
6		is made. The following conditions must be met in order to
7		qualify as a home kitchen operation:
8		(1) Monthly gross sales do not exceed $1,000.
9		(2) The food is not a potentially hazardous baked food,
10		as defined in Section 4 of this Act.
11		(3) A notice is provided to the purchaser that the
12		product was produced in a home kitchen.
13		(b) The Department of Public Health or the health
14		department of a unit of local government may inspect a home
15		kitchen operation in the event of a complaint or disease
16		outbreak.
17		(c) This Section applies only to a home kitchen operation
18		located in a municipality, township, or county where the local
19		governing body has adopted an ordinance authorizing the direct
20		sale of baked goods as described in Section 4 of this Act.
21		(Source: P.A. 98-643, eff. 6-10-14; revised 10-20-14.)
22		Section 380. The Public Water Supply Operations Act is
23		amended by changing Sections 1 and 13 as follows:
24		(415 ILCS 45/1) (from Ch. 111 1/2, par. 501)

HB4137 Engrossed - 663 - LRB099 07987 AMC 28127 b
1		Sec. 1. (1) In order to safeguard the health and well-being
2		of the populace, every community water supply in Illinois,
3		other than an exempt community water supply as specified in
4		Section 9.1, shall have on its operational staff, and shall
5		designate to the Agency in writing, either (i) one Responsible
6		Operator in Charge who directly supervises both the treatment
7		and distribution facilities of the community water supply or
8		(ii) one Responsible Operator in Charge who directly supervises
9		the treatment facilities of the community water supply and one
10		Responsible Operator in Charge who directly supervises the
11		distribution facilities of the community water supply.
12		Except for exempt community water supplies as specified in
13		Section 9.1 of this Act, all portions of a community water
14		supply system shall be under the direct supervision of a
15		Responsible Operator in Charge.
16		(2) The following class requirements apply:
17		(a) Each Class A community water supply shall have in
18		its employ at least one individual certified as competent
19		as a Class A community water supply operator.
20		(b) Each Class B community water supply shall have in
21		its employ at least one individual certified as competent
22		as a Class B or Class A community water supply operator.
23		(c) Each Class C community water supply shall have in
24		its employ at least one individual certified as competent
25		as a Class C, Class B, or Class A community water supply
26		operator.

HB4137 Engrossed - 664 - LRB099 07987 AMC 28127 b
1		(d) Each Class D community water supply shall have in
2		its employ at least one individual certified as competent
3		as a Class D, Class C, Class B, or Class A community water
4		supply operator.
5		(2.5) The Agency may adopt rules that classify or
6		reclassify community water supplies as Class A, Class B, Class
7		C, or Class D community water supplies. A community water
8		supply that cannot be clearly classified under Section 5.1 or
9		Agency rules shall be considered individually and designated,
10		in writing, by the Agency, as a Class A, Class B, Class C, or
11		Class D community water supply. Classifications made under this
12		subsection (2.5) shall be based on the nature of the community
13		water supply and on the education and experience necessary to
14		operate it.
15		(3) A community water supply may satisfy the requirements
16		of this Section by contracting the services of an individual
17		who is a properly qualified certified operator of the required
18		class or higher, and will directly supervise the operation of
19		the community water supply. That individual shall serve as the
20		Responsible Operator in Charge of the community water supply. A
21		written agreement to this effect must be on file with the
22		Agency certifying that such an agreement exists, and delegating
23		responsibility and authority to the contracted party. This
24		written agreement shall be signed by both the certified
25		operator to be contracted and the responsible community water
26		supply owner or official custodian and must be approved in

HB4137 Engrossed - 665 - LRB099 07987 AMC 28127 b
1		writing by the Agency.
2		(Source: P.A. 98-822, eff. 8-1-14; 98-856, eff. 8-4-14; revised
3		10-1-14.)
4		(415 ILCS 45/13) (from Ch. 111 1/2, par. 513)
5		Sec. 13. Community Water Supply Operators shall be
6		certified in accordance with the following classifications:
7		(a) A "Class A" Water Supply Operator Certificate shall
8		be issued to those individuals who, in accordance with this
9		Act, demonstrate the skills, knowledge, ability, and
10		judgment that are necessary to operate a Class A community
11		water supply in a manner that will provide safe, potable
12		water for human consumption, as well as the skills,
13		knowledge, ability, and judgment necessary to operate
14		Class B, Class C, and Class D community water supplies in a
15		manner that will provide safe, potable water for human
16		consumption.
17		(b) A "Class B" Water Supply Operator Certificate shall
18		be issued to those individuals who, in accordance with this
19		Act, demonstrate the skills, knowledge, ability, and
20		judgment that are necessary to operate a Class B community
21		water supply in a manner that will provide safe, potable
22		water for human consumption, as well as the skills,
23		knowledge, ability, and judgment necessary to operate
24		Class C and Class D community water supplies in a manner
25		that will provide safe, potable water for human

HB4137 Engrossed - 666 - LRB099 07987 AMC 28127 b
1		consumption.
2		(c) A "Class C" Water Supply Operator Certificate shall
3		be issued to those individuals who, in accordance with this
4		Act, demonstrate the skills, knowledge, ability, and
5		judgment that are necessary to operate a Class C community
6		water supply in a manner that will provide safe, potable
7		water for human consumption, as well as the skills,
8		knowledge, ability, and judgment necessary to operate a
9		Class D community water supply in a manner that will
10		provide safe, potable water for human consumption.
11		(d) A "Class D" Water Supply Operator Certificate shall
12		be issued to those individuals who, in accordance with this
13		Act, demonstrate the skills, knowledge, ability, and
14		judgment that are necessary to operate a Class D community
15		water supply in a manner that will provide safe, potable
16		water for human consumption.
17		(Source: P.A. 98-822, eff. 8-1-14; 98-856, eff. 8-4-14; revised
18		10-2-14.)
19		Section 385. The Illinois Pesticide Act is amended by
20		changing Section 19.3 as follows:
21		(415 ILCS 60/19.3)
22		Sec. 19.3. Agrichemical Facility Response Action Program.
23		(a) It is the policy of the State of Illinois that an
24		Agrichemical Facility Response Action Program be implemented

HB4137 Engrossed - 667 - LRB099 07987 AMC 28127 b
1		to reduce potential agrichemical pollution and minimize
2		environmental degradation risk potential at these sites. In
3		this Section, "agrichemical facility" means a site where
4		agrichemicals are stored or handled, or both, in preparation
5		for end use. "Agrichemical facility" does not include basic
6		manufacturing or central distribution sites utilized only for
7		wholesale purposes. As used in this Section, "agrichemical"
8		means pesticides or commercial fertilizers at an agrichemical
9		facility.
10		The program shall provide guidance for assessing the threat
11		of soil agrichemical contaminants to groundwater and
12		recommending which sites need to establish a voluntary
13		corrective action program.
14		The program shall establish appropriate site-specific soil
15		cleanup objectives, which shall be based on the potential for
16		the agrichemical contaminants to move from the soil to
17		groundwater and the potential of the specific soil agrichemical
18		contaminants to cause an exceedence of a Class I or Class III
19		groundwater quality standard or a health advisory level. The
20		Department shall use the information found and procedures
21		developed in the Agrichemical Facility Site Contamination
22		Study or other appropriate physical evidence to establish the
23		soil agrichemical contaminant levels of concern to groundwater
24		in the various hydrological settings to establish
25		site-specific cleanup objectives.
26		No remediation of a site may be recommended unless (i) the

HB4137 Engrossed - 668 - LRB099 07987 AMC 28127 b
1		agrichemical contamination level in the soil exceeds the
2		site-specific cleanup objectives or (ii) the agrichemical
3		contaminant level in the soil exceeds levels where physical
4		evidence and risk evaluation indicates probability of the site
5		causing an exceedence of a groundwater quality standard.
6		When a remediation plan must be carried out over a number
7		of years due to limited financial resources of the owner or
8		operator of the agrichemical facility, those soil agrichemical
9		contaminated areas that have the greatest potential to
10		adversely impact vulnerable Class I groundwater aquifers and
11		adjacent potable water wells shall receive the highest priority
12		rating and be remediated first.
13		(b) (Blank).
14		(c) (Blank).
15		(d) The Director has the authority to do the following:
16		(1) When requested by the owner or operator of an
17		agrichemical facility, may investigate the agrichemical
18		facility site contamination.
19		(2) After completion of the investigation under item
20		(1) of this subsection, recommend to the owner or operator
21		of an agrichemical facility that a voluntary assessment be
22		made of the soil agrichemical contaminant when there is
23		evidence that the evaluation of risk indicates that
24		groundwater could be adversely impacted.
25		(3) Review and make recommendations on any corrective
26		action plan submitted by the owner or operator of an

HB4137 Engrossed - 669 - LRB099 07987 AMC 28127 b
1		agrichemical facility.
2		(4) On approval by the Director, issue an order to the
3		owner or operator of an agrichemical facility that has
4		filed a voluntary corrective action plan that the owner or
5		operator may proceed with that plan.
6		(5) Provide remedial project oversight and monitor
7		remedial work progress.
8		(6) Provide staff to support program activities.
9		(7) (Blank).
10		(8) Incorporate the following into a handbook or
11		manual: the procedures for site assessment; pesticide
12		constituents of concern and associated parameters;
13		guidance on remediation techniques, land application, and
14		corrective action plans; and other information or
15		instructions that the Department may find necessary.
16		(9) Coordinate preventive response actions at
17		agrichemical facilities pursuant to the Groundwater
18		Quality Standards adopted pursuant to Section 8 of the
19		Illinois Groundwater Protection Act to mitigate resource
20		groundwater impairment.
21		Upon completion of the corrective action plan, the
22		Department shall issue a notice of closure stating that
23		site-specific cleanup objectives have been met and no further
24		remedial action is required to remedy the past agrichemical
25		contamination.
26		When a soil agrichemical contaminant assessment confirms

HB4137 Engrossed - 670 - LRB099 07987 AMC 28127 b
1		that remedial action is not required in accordance with the
2		Agrichemical Facility Response Action Program, a notice of
3		closure shall be issued by the Department stating that no
4		further remedial action is required to remedy the past
5		agrichemical contamination.
6		(e) Upon receipt of notification of an agrichemical
7		contaminant in groundwater pursuant to the Groundwater Quality
8		Standards, the Department shall evaluate the severity of the
9		agrichemical contamination and shall submit to the
10		Environmental Protection Agency an informational notice
11		characterizing it as follows:
12		(1) An agrichemical contaminant in Class I or Class III
13		groundwater has exceeded the levels of a standard adopted
14		pursuant to the Illinois Groundwater Protection Act or a
15		health advisory established by the Illinois Environmental
16		Protection Agency or the United States Environmental
17		Protection Agency; or
18		(2) An agrichemical has been detected at a level that
19		requires preventive notification pursuant to a standard
20		adopted pursuant to the Illinois Groundwater Protection
21		Act.
22		(f) When agrichemical contamination is characterized as in
23		subsection (e)(1) of this Section, a facility may elect to
24		participate in the Agrichemical Facility Response Action
25		Program. In these instances, the scope of the corrective action
26		plans developed, approved, and completed under this program

HB4137 Engrossed - 671 - LRB099 07987 AMC 28127 b
1		shall be limited to the soil agrichemical contamination present
2		at the site unless implementation of the plan is coordinated
3		with the Illinois Environmental Protection Agency as follows:
4		(1) Upon receipt of notice of intent to include
5		groundwater in an action by a facility, the Department
6		shall also notify the Illinois Environmental Protection
7		Agency.
8		(2) Upon receipt of the corrective action plan, the
9		Department shall coordinate a joint review of the plan with
10		the Illinois Environmental Protection Agency.
11		(3) The Illinois Environmental Protection Agency may
12		provide a written endorsement of the corrective action
13		plan.
14		(4) The Illinois Environmental Protection Agency may
15		approve a groundwater management zone for a period of 5
16		years after the implementation of the corrective action
17		plan to allow for groundwater impairment mitigation
18		results.
19		(5) (Blank).
20		(6) The Department, in cooperation with the Illinois
21		Environmental Protection Agency, shall provide remedial
22		project oversight and , monitor remedial work progress.
23		(7) The Department shall, upon completion of the
24		corrective action plan, issue a notice of closure stating
25		that no further remedial action is required to remedy the
26		past agrichemical contamination.

HB4137 Engrossed - 672 - LRB099 07987 AMC 28127 b
1		(g) When an owner or operator of an agrichemical facility
2		initiates a soil contamination assessment on the owner's or
3		operator's own volition and independent of any requirement
4		under this Section 19.3, information contained in that
5		assessment may be held as confidential information by the owner
6		or operator of the facility.
7		(h) Except as otherwise provided by Department rule, on and
8		after the effective date of this amendatory Act of the 98th
9		General Assembly, any Agrichemical Facility Response Action
10		Program requirement that may be satisfied by an industrial
11		hygienist licensed pursuant to the Industrial Hygienists
12		Licensure Act repealed in this amendatory Act may be satisfied
13		by a Certified Industrial Hygienist certified by the American
14		Board of Industrial Hygiene.
15		(Source: P.A. 98-78, eff. 7-15-13; 98-692, eff. 7-1-14; revised
16		12-10-14.)
17		Section 390. The Firearm Owners Identification Card Act is
18		amended by changing Section 10 as follows:
19		(430 ILCS 65/10) (from Ch. 38, par. 83-10)
20		Sec. 10. Appeal to director; hearing; relief from firearm
21		prohibitions.
22		(a) Whenever an application for a Firearm Owner's
23		Identification Card is denied, whenever the Department fails to
24		act on an application within 30 days of its receipt, or

HB4137 Engrossed - 673 - LRB099 07987 AMC 28127 b
1		whenever such a Card is revoked or seized as provided for in
2		Section 8 of this Act, the aggrieved party may appeal to the
3		Director of State Police for a hearing upon such denial,
4		revocation or seizure, unless the denial, revocation, or
5		seizure was based upon a forcible felony, stalking, aggravated
6		stalking, domestic battery, any violation of the Illinois
7		Controlled Substances Act, the Methamphetamine Control and
8		Community Protection Act, or the Cannabis Control Act that is
9		classified as a Class 2 or greater felony, any felony violation
10		of Article 24 of the Criminal Code of 1961 or the Criminal Code
11		of 2012, or any adjudication as a delinquent minor for the
12		commission of an offense that if committed by an adult would be
13		a felony, in which case the aggrieved party may petition the
14		circuit court in writing in the county of his or her residence
15		for a hearing upon such denial, revocation, or seizure.
16		(b) At least 30 days before any hearing in the circuit
17		court, the petitioner shall serve the relevant State's Attorney
18		with a copy of the petition. The State's Attorney may object to
19		the petition and present evidence. At the hearing the court
20		shall determine whether substantial justice has been done.
21		Should the court determine that substantial justice has not
22		been done, the court shall issue an order directing the
23		Department of State Police to issue a Card. However, the court
24		shall not issue the order if the petitioner is otherwise
25		prohibited from obtaining, possessing, or using a firearm under
26		federal law.

HB4137 Engrossed - 674 - LRB099 07987 AMC 28127 b
1		(c) Any person prohibited from possessing a firearm under
2		Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
3		acquiring a Firearm Owner's Identification Card under Section 8
4		of this Act may apply to the Director of State Police or
5		petition the circuit court in the county where the petitioner
6		resides, whichever is applicable in accordance with subsection
7		(a) of this Section, requesting relief from such prohibition
8		and the Director or court may grant such relief if it is
9		established by the applicant to the court's or Director's
10		satisfaction that:
11		(0.05) when in the circuit court, the State's Attorney
12		has been served with a written copy of the petition at
13		least 30 days before any such hearing in the circuit court
14		and at the hearing the State's Attorney was afforded an
15		opportunity to present evidence and object to the petition;
16		(1) the applicant has not been convicted of a forcible
17		felony under the laws of this State or any other
18		jurisdiction within 20 years of the applicant's
19		application for a Firearm Owner's Identification Card, or
20		at least 20 years have passed since the end of any period
21		of imprisonment imposed in relation to that conviction;
22		(2) the circumstances regarding a criminal conviction,
23		where applicable, the applicant's criminal history and his
24		reputation are such that the applicant will not be likely
25		to act in a manner dangerous to public safety;
26		(3) granting relief would not be contrary to the public

HB4137 Engrossed - 675 - LRB099 07987 AMC 28127 b
1		interest; and
2		(4) granting relief would not be contrary to federal
3		law.
4		(c-5) (1) An active law enforcement officer employed by a
5		unit of government, who is denied, revoked, or has his or her
6		Firearm Owner's Identification Card seized under subsection
7		(e) of Section 8 of this Act may apply to the Director of State
8		Police requesting relief if the officer did not act in a manner
9		threatening to the officer, another person, or the public as
10		determined by the treating clinical psychologist or physician,
11		and as a result of his or her work is referred by the employer
12		for or voluntarily seeks mental health evaluation or treatment
13		by a licensed clinical psychologist, psychiatrist, or
14		qualified examiner, and:
15		(A) the officer has not received treatment
16		involuntarily at a mental health facility, regardless of
17		the length of admission; or has not been voluntarily
18		admitted to a mental health facility for more than 30 days
19		and not for more than one incident within the past 5 years;
20		and
21		(B) the officer has not left the mental institution
22		against medical advice.
23		(2) The Director of State Police shall grant expedited
24		relief to active law enforcement officers described in
25		paragraph (1) of this subsection (c-5) upon a determination by
26		the Director that the officer's possession of a firearm does

HB4137 Engrossed - 676 - LRB099 07987 AMC 28127 b
1		not present a threat to themselves, others, or public safety.
2		The Director shall act on the request for relief within 30
3		business days of receipt of:
4		(A) a notarized statement from the officer in the form
5		prescribed by the Director detailing the circumstances
6		that led to the hospitalization;
7		(B) all documentation regarding the admission,
8		evaluation, treatment and discharge from the treating
9		licensed clinical psychologist or psychiatrist of the
10		officer;
11		(C) a psychological fitness for duty evaluation of the
12		person completed after the time of discharge; and
13		(D) written confirmation in the form prescribed by the
14		Director from the treating licensed clinical psychologist
15		or psychiatrist that the provisions set forth in paragraph
16		(1) of this subsection (c-5) have been met, the person
17		successfully completed treatment, and their professional
18		opinion regarding the person's ability to possess
19		firearms.
20		(3) Officers eligible for the expedited relief in paragraph
21		(2) of this subsection (c-5) have the burden of proof on
22		eligibility and must provide all information required. The
23		Director may not consider granting expedited relief until the
24		proof and information is received.
25		(4) "Clinical psychologist", "psychiatrist", and
26		"qualified examiner" shall have the same meaning as provided in

HB4137 Engrossed - 677 - LRB099 07987 AMC 28127 b
1		Chapter I 1 of the Mental Health and Developmental Disabilities
2		Code.
3		(d) When a minor is adjudicated delinquent for an offense
4		which if committed by an adult would be a felony, the court
5		shall notify the Department of State Police.
6		(e) The court shall review the denial of an application or
7		the revocation of a Firearm Owner's Identification Card of a
8		person who has been adjudicated delinquent for an offense that
9		if committed by an adult would be a felony if an application
10		for relief has been filed at least 10 years after the
11		adjudication of delinquency and the court determines that the
12		applicant should be granted relief from disability to obtain a
13		Firearm Owner's Identification Card. If the court grants
14		relief, the court shall notify the Department of State Police
15		that the disability has been removed and that the applicant is
16		eligible to obtain a Firearm Owner's Identification Card.
17		(f) Any person who is subject to the disabilities of 18
18		U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
19		of 1968 because of an adjudication or commitment that occurred
20		under the laws of this State or who was determined to be
21		subject to the provisions of subsections (e), (f), or (g) of
22		Section 8 of this Act may apply to the Department of State
23		Police requesting relief from that prohibition. The Director
24		shall grant the relief if it is established by a preponderance
25		of the evidence that the person will not be likely to act in a
26		manner dangerous to public safety and that granting relief

HB4137 Engrossed - 678 - LRB099 07987 AMC 28127 b
1		would not be contrary to the public interest. In making this
2		determination, the Director shall receive evidence concerning
3		(i) the circumstances regarding the firearms disabilities from
4		which relief is sought; (ii) the petitioner's mental health and
5		criminal history records, if any; (iii) the petitioner's
6		reputation, developed at a minimum through character witness
7		statements, testimony, or other character evidence; and (iv)
8		changes in the petitioner's condition or circumstances since
9		the disqualifying events relevant to the relief sought. If
10		relief is granted under this subsection or by order of a court
11		under this Section, the Director shall as soon as practicable
12		but in no case later than 15 business days, update, correct,
13		modify, or remove the person's record in any database that the
14		Department of State Police makes available to the National
15		Instant Criminal Background Check System and notify the United
16		States Attorney General that the basis for the record being
17		made available no longer applies. The Department of State
18		Police shall adopt rules for the administration of this
19		Section.
20		(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13;
21		97-1167, eff. 6-1-13; 98-63, eff. 7-9-13; revised 12-10-14.)
22		Section 395. The Firearm Concealed Carry Act is amended by
23		changing Section 40 as follows:
24		(430 ILCS 66/40)

HB4137 Engrossed - 679 - LRB099 07987 AMC 28127 b
1		Sec. 40. Non-resident license applications.
2		(a) For the purposes of this Section, "non-resident" means
3		a person who has not resided within this State for more than 30
4		days and resides in another state or territory.
5		(b) The Department shall by rule allow for non-resident
6		license applications from any state or territory of the United
7		States with laws related to firearm ownership, possession, and
8		carrying, that are substantially similar to the requirements to
9		obtain a license under this Act.
10		(c) A resident of a state or territory approved by the
11		Department under subsection (b) of this Section may apply for a
12		non-resident license. The applicant shall apply to the
13		Department and must meet all of the qualifications established
14		in Section 25 of this Act, except for the Illinois residency
15		requirement in item (xiv) of paragraph (2) of subsection (a) of
16		Section 4 of the Firearm Owners Identification Card Act. The
17		applicant shall submit:
18		(1) the application and documentation required under
19		Section 30 of this Act and the applicable fee;
20		(2) a notarized document stating that the applicant:
21		(A) is eligible under federal law and the laws of
22		his or her state or territory of residence to own or
23		possess a firearm;
24		(B) if applicable, has a license or permit to carry
25		a firearm or concealed firearm issued by his or her
26		state or territory of residence and attach a copy of

HB4137 Engrossed - 680 - LRB099 07987 AMC 28127 b
1		the license or permit to the application;
2		(C) understands Illinois laws pertaining to the
3		possession and transport of firearms; , and
4		(D) acknowledges that the applicant is subject to
5		the jurisdiction of the Department and Illinois courts
6		for any violation of this Act; and
7		(3) a photocopy of any certificates or other evidence
8		of compliance with the training requirements under Section
9		75 of this Act; and
10		(4) a head and shoulder color photograph in a size
11		specified by the Department taken within the 30 days
12		preceding the date of the application.
13		(d) In lieu of an Illinois driver's license or Illinois
14		identification card, a non-resident applicant shall provide
15		similar documentation from his or her state or territory of
16		residence. In lieu of a valid Firearm Owner's Identification
17		Card, the applicant shall submit documentation and information
18		required by the Department to obtain a Firearm Owner's
19		Identification Card, including an affidavit that the
20		non-resident meets the mental health standards to obtain a
21		firearm under Illinois law, and the Department shall ensure
22		that the applicant would meet the eligibility criteria to
23		obtain a Firearm Owner's Identification card if he or she was a
24		resident of this State.
25		(e) Nothing in this Act shall prohibit a non-resident from
26		transporting a concealed firearm within his or her vehicle in

HB4137 Engrossed - 681 - LRB099 07987 AMC 28127 b
1		Illinois, if the concealed firearm remains within his or her
2		vehicle and the non-resident:
3		(1) is not prohibited from owning or possessing a
4		firearm under federal law;
5		(2) is eligible to carry a firearm in public under the
6		laws of his or her state or territory of residence, as
7		evidenced by the possession of a concealed carry license or
8		permit issued by his or her state of residence, if
9		applicable; and
10		(3) is not in possession of a license under this Act.
11		If the non-resident leaves his or her vehicle unattended,
12		he or she shall store the firearm within a locked vehicle or
13		locked container within the vehicle in accordance with
14		subsection (b) of Section 65 of this Act.
15		(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; revised
16		12-10-14.)
17		Section 400. The Amusement Ride and Attraction Safety Act
18		is amended by changing Section 2-12 as follows:
19		(430 ILCS 85/2-12) (from Ch. 111 1/2, par. 4062)
20		Sec. 2-12. Order for cessation of operation of amusement
21		ride or attraction.
22		(a) The Department of Labor may order, in writing, a
23		temporary and immediate cessation of operation of any amusement
24		ride or amusement attraction if it:

HB4137 Engrossed - 682 - LRB099 07987 AMC 28127 b
1		(1) it has been determined after inspection to be
2		hazardous or unsafe;
3		(2) it is in operation before the Director has issued a
4		permit to operate such equipment; or
5		(3) the owner or operator is not in compliance with the
6		insurance requirements contained in Section 2-14 of this
7		Act and any rules or regulations adopted hereunder.
8		(b) Operation of the amusement ride or amusement attraction
9		shall not resume until:
10		(1) the unsafe or hazardous condition is corrected to
11		the satisfaction of the Director or such inspector;
12		(2) the Director has issued a permit to operate such
13		equipment; or
14		(3) the owner or operator is in compliance with the
15		insurance requirements contained in Section 2-14 of this
16		Act and any rules or regulations adopted hereunder,
17		respectively.
18		(c) The Department shall notify the owner or operator in
19		writing of the grounds for the cessation of operation of the
20		amusement ride or attraction and of the conditions in need of
21		correction at the time the order for cessation is issued.
22		(d) The owner or operator may appeal an order of cessation
23		by filing a request for a hearing. The Department shall afford
24		the owner or operator 10 working days after the date of the
25		notice to request a hearing. Upon written request for hearing,
26		the Department shall schedule a formal administrative hearing

HB4137 Engrossed - 683 - LRB099 07987 AMC 28127 b
1		in compliance with Article 10 of the Illinois Administrative
2		Procedure Act and pursuant to the provisions of the
3		Department's rules of procedure in administrative hearings,
4		except that formal discovery, such as production requests,
5		interrogatories, requests to admit, and depositions will not be
6		allowed. The parties shall exchange documents and witness lists
7		prior to hearing and may request third party subpoenas to be
8		issued.
9		(e) The final determination by the Department of Labor
10		shall be rendered within 5 working days after the conclusion of
11		the hearing.
12		(f) The provisions of the Administrative Review Law shall
13		apply to and govern all proceedings for the judicial review of
14		a final determination under this Section.
15		(Source: P.A. 98-541, eff. 8-23-13; 98-756, eff. 7-16-14;
16		revised 12-10-14.)
17		Section 405. The Illinois Modular Dwelling and Mobile
18		Structure Safety Act is amended by changing Section 2 as
19		follows:
20		(430 ILCS 115/2) (from Ch. 67 1/2, par. 502)
21		Sec. 2. Unless clearly indicated otherwise by the context,
22		the following words and terms when used in this Act, for the
23		purpose of this Act, shall have the following meanings:
24		(a) (Blank) a manufactured home as defined in subdivision

HB4137 Engrossed - 684 - LRB099 07987 AMC 28127 b
1		(53) of Section 9-102 of the Uniform Commercial Code. "Mobile
2		home" means a factory-assembled, completely integrated
3		structure, constructed on or before June 30, 1976, designed for
4		permanent habitation, with a permanent chassis, and so
5		constructed as to permit its transport, on wheels temporarily
6		or permanently attached to its frame, that is a movable or
7		portable unit that is constructed to be towed on its own
8		chassis (comprised of frame and wheels) from the place of its
9		construction to the location, or subsequent locations, at which
10		it is connected to utilities for year-round occupancy for use
11		as a permanent habitation, and designed and situated so as to
12		permit its occupancy as a dwelling place for one or more
13		persons. terms "manufactured home" and "mobile home" otherwise
14		meeting their respective definitions terms "mobile home" and
15		"manufactured home" exclude.
16		(b) "Person" means any individual, group of individuals,
17		association, trust, partnership, limited liability company,
18		corporation, person doing business under an assumed name,
19		county, municipality, the State of Illinois, or any political
20		subdivision or department thereof, or any other entity.
21		(c) "Manufacturer" means any person who manufactures
22		mobile structures or modular dwellings at the place or places,
23		either on or away from the building site, at which machinery,
24		equipment, and other capital goods are assembled and operated
25		for the purpose of making, fabricating, forming, or assembling
26		mobile structures or modular dwellings.

HB4137 Engrossed - 685 - LRB099 07987 AMC 28127 b
1		(d) "Department" means the Department of Public Health.
2		(e) "Director" means the Director of the Department of
3		Public Health.
4		(f) (Blank).
5		(g) "Codes" means the safety codes for modular dwellings
6		and mobile structures adopted by the Department and is
7		synonymous with "rules". The Codes shall contain the standards
8		and requirements for modular dwellings and mobile structures so
9		that adequate performance for the intended use is made the test
10		of acceptability. The Code of Standards shall permit the use of
11		new technology, techniques, methods and materials, for both
12		modular dwellings and mobile structures, consistent with
13		recognized and accepted codes and standards developed by the
14		International Code Council (ICC) or by the organizations that
15		formed the ICC in 1994, the National Fire Protection
16		Association, the International Association of Plumbing and
17		Mechanical Officials, the American National Standards
18		Institute, and the Illinois State Plumbing Code.
19		(h) "Seal" means a device or insignia issued by the
20		Department to be displayed on the exterior of the mobile
21		structure or the interior of a modular dwelling unit to
22		evidence compliance with the applicable safety code.
23		(i) "Modular dwelling" means a building assembly or system
24		of building sub-assemblies, designed for habitation as a
25		dwelling for one or more persons, including the necessary
26		electrical, plumbing, heating, ventilating and other service

HB4137 Engrossed - 686 - LRB099 07987 AMC 28127 b
1		systems, which is of closed construction and which is made or
2		assembled by a manufacturer, on or off the building site, for
3		installation, or assembly and installation, on the building
4		site, installed and set up according to the manufacturer's
5		instructions on an approved foundation and support system. The
6		construction of modular dwelling units located in Illinois is
7		regulated by the Illinois Department of Public Health.
8		(j) "Closed construction" is any building, component,
9		assembly or system manufactured in such a manner that all
10		portions cannot readily be inspected at the installation site
11		without disassembly, damage to, or destruction thereof.
12		(k) (Blank).
13		(l) "Approved foundation and support system" means, for a
14		modular dwelling unit, a closed perimeter formation consisting
15		of materials such as concrete, mortared concrete block,
16		mortared brick, steel, or treated lumber extending into the
17		ground below the frost line which shall include, but not
18		necessarily be limited to, cellars, basements, or crawl spaces,
19		and does include the use of piers supporting the marriage wall
20		of the home that extend below the frost line.
21		(m) "Code compliance certificate" means the certificate
22		provided by the manufacturer to the Department that warrants
23		that the modular dwelling unit or mobile structure complies
24		with the applicable code.
25		(n) "Mobile structure" means a movable or portable unit,
26		which, when assembled, is 8 feet or more in width and is 32

HB4137 Engrossed - 687 - LRB099 07987 AMC 28127 b
1		body feet in length, constructed to be towed on its own chassis
2		(comprised of frame and wheels), and designed for occupancy
3		with or without a permanent foundation. "Mobile structure"
4		includes units designed to be used for multi-family
5		residential, commercial, educational, or industrial purposes,
6		excluding, however, recreational vehicles and single family
7		residences.
8		(Source: P.A. 98-749, eff. 7-16-14; 98-959, eff. 8-15-14;
9		revised 10-2-14.)
10		Section 410. The Illinois Fertilizer Act of 1961 is amended
11		by changing Sections 4 and 20 as follows:
12		(505 ILCS 80/4) (from Ch. 5, par. 55.4)
13		Sec. 4. License and product registration.
14		(a) Each brand and grade of fertilizer shall be registered
15		by the entity whose name appears upon the label before being
16		distributed in this State. The application for registration
17		shall be submitted with a label or facsimile of same to the
18		Director on forms furnished by the Director, and shall be
19		accompanied by a fee of $20 per grade within a brand. Upon
20		approval by the Director a copy of the registration shall be
21		furnished to the applicant. All registrations expire on
22		December 31 of each year.
23		The application shall include the following information:
24		(1) The net weight.

HB4137 Engrossed - 688 - LRB099 07987 AMC 28127 b
1		(2) The brand and grade.
2		(3) The guaranteed analysis.
3		(4) The name and address of the registrant.
4		(a-5) No entity whose name appears on the label shall
5		distribute a fertilizer in the State unless the entity has
6		secured a license under this Act on forms provided by the
7		Director. The license application shall be accompanied by a fee
8		of $100. Entities that store anhydrous ammonia as a fertilizer,
9		store bulk fertilizer, or custom blend a fertilizer at more
10		than one site under the same entity's name shall list any and
11		all additional sites with a complete address for each site and
12		remit a license fee of $50 for each site identified. Entities
13		performing lawn care applications for hire are exempt from
14		obtaining a license under this Act. All licenses expire on
15		December 31 of each year.
16		(b) A distributor shall not be required to register any
17		brand of fertilizer or a custom blend which is already
18		registered under this Act by another entity.
19		(c) The plant nutrient content of each and every fertilizer
20		must remain uniform for the period of registration and, in no
21		case, shall the percentage of any guaranteed plant nutrient
22		element be changed in such a manner that the crop-producing
23		quality of the fertilizer is lowered.
24		(d) (Blank).
25		(e) A custom blend, as defined in Section 3, prepared for
26		one consumer or end user shall not be co-mingled with the

HB4137 Engrossed - 689 - LRB099 07987 AMC 28127 b
1		custom blended fertilizer prepared for another consumer or end
2		user.
3		(f) All fees collected pursuant to this Section shall be
4		paid to the Fertilizer Control Fund for activities related to
5		the administration and enforcement of this Act.
6		(Source: P.A. 97-960, eff. 8-15-12; 98-756, eff. 7-16-14;
7		revised 12-10-14.)
8		(505 ILCS 80/20) (from Ch. 5, par. 55.20)
9		Sec. 20. Administrative hearings; notice. Any entity so
10		notified of violating this Act or its rules, shall be given the
11		opportunity to be heard as may be prescribed by the Director.
12		When an administrative hearing is held, the hearing officer,
13		upon determination of a violation of this Act, shall levy and
14		the Department shall collect administrative penalties in
15		addition to any initial penalty levied by this Act as follows:
16		(1) A penalty of $1,000 shall be imposed for:
17		(A) neglect or refusal by any entity, after notice
18		in writing, to comply with provisions of this Act or
19		its rules or any lawful order of the Director;
20		(B) every sale, disposal, or distribution of a
21		fertilizer that is under a stop-sale order; or
22		(C) concealing facts or conditions, impeding,
23		obstructing, hindering, or otherwise preventing or
24		attempting to prevent the Director, or his or her duly
25		authorized agent, in the performance of his or her duty

HB4137 Engrossed - 690 - LRB099 07987 AMC 28127 b
1		in connection with the provisions of this Act.
2		(2) A penalty of $500 shall be imposed for the
3		following violations:
4		(A) distribution of a fertilizer that is
5		misbranded or adulterated;
6		(B) distribution of a fertilizer that does not have
7		an accompanying label attached or displayed;
8		(C) failure to comply with any provisions of this
9		Act or its rules other than described under this
10		Section.
11		The Department, over the signature of the Director, is
12		authorized to issue subpoenas and bring before the Department
13		any entity in this State to take testimony orally, by
14		deposition, or by exhibit, in the same manner prescribed by law
15		in judicial proceedings or civil cases in the circuit courts of
16		this State. The Director is authorized to issue subpoenas duces
17		tecum for records relating to a fertilizer distributor's or
18		registrant's business.
19		When a fertilizer-soil amendment combination labeled in
20		accordance with 8 Ill. Adm. Code 211.40 Subpart (b) is subject
21		to penalties, the larger penalty shall be assessed.
22		All penalties collected by the Department under this
23		Section shall be deposited into the Fertilizer Control Fund.
24		Any penalty not paid within 60 days after receiving the notice
25		from the Department shall be submitted to the Attorney
26		General's office for collection.

HB4137 Engrossed - 691 - LRB099 07987 AMC 28127 b
1		(Source: P.A. 97-960, eff. 8-15-12; revised 12-10-14.)
2		Section 415. The Illinois Seed Law is amended by changing
3		Section 4.1 as follows:
4		(505 ILCS 110/4.1) (from Ch. 5, par. 404.1)
5		Sec. 4.1. All seeds named and treated as defined in this
6		Act (for which a separate label may be used) must be labeled
7		with:
8		(1) A word or statement indicating that the seed has
9		been treated.
10		(2) The commonly accepted, coined, chemical or
11		abbreviated chemical (generic) name of the applied
12		substance or description of the process used.
13		(3) If the substance in the amount present with the
14		seed is harmful to human or other vertebrate animals, a
15		caution statement such as "Do not use for food, feed, oil
16		purposes" or otherwise as required by the Uniform Hazardous
17		Substances Substance Act of Illinois. The caution for toxic
18		substances shall be a poison statement or symbol.
19		(4) If the seed is treated with an inoculant, the date
20		beyond which the inoculant is not to be considered
21		effective (date of expiration).
22		(5) Require symbol statement and the appropriate
23		Environmental Protection Agency signal word -- DANGER,
24		CAUTION OR WARNING.

HB4137 Engrossed - 692 - LRB099 07987 AMC 28127 b
1		(6) All treated seeds are required to be stained so
2		that they are easily distinguished by the ordinary observer
3		when examined regardless of the proportion of treated to
4		untreated seeds. The color used on treated seed shall
5		persist as long as seed bear pesticide residue.
6		(Source: P.A. 85-717; revised 12-10-14.)
7		Section 420. The Illinois Bovine Brucellosis Eradication
8		Act is amended by changing Section 1 as follows:
9		(510 ILCS 30/1) (from Ch. 8, par. 134)
10		Sec. 1. As used in this Act, unless the context otherwise
11		requires, words and phrases have the meanings ascribed to them
12		in the Sections following this Section and preceding Section 2
13		Sections 1.1 to 1.12, inclusive.
14		(Source: P.A. 78-818; revised 12-10-14.)
15		Section 425. The Herptiles-Herps Act is amended by changing
16		Section 105-95 as follows:
17		(510 ILCS 68/105-95)
18		Sec. 105-95. Financial value of herptiles.
19		(a) For purposes of this Section, the financial value of
20		all reptiles and amphibians described under this Act taken,
21		possessed, or used in violation of this Act, whether in whole
22		or in part, is as follows:

HB4137 Engrossed - 693 - LRB099 07987 AMC 28127 b
1		(1) for processed turtle parts, $8 for each pound or
2		fraction of a pound; for each non-processed turtle, $15 per
3		whole turtle or fair market value, whichever is greater;
4		(2) for frogs, toads, salamanders, lizards, and
5		snakes, $5 per herptile or fair market value, whichever is
6		greater, in whole or in part, unless specified as a special
7		use herptile;
8		(3) for any special use herptile, the value shall be no
9		less than $250 per special use herptile or fair market
10		value, whichever is greater;
11		(4) for any endangered or threatened herptile, the
12		value shall be no less than $150 per endangered or
13		threatened threatend herptile or fair market value,
14		whichever is greater; and
15		(5) any person who, for profit or commercial purposes,
16		knowingly captures or kills, possesses, offers for sale,
17		sells, offers to barter, barters, offers to purchase,
18		purchases, delivers for shipment, ships, exports, imports,
19		causes to be shipped, exported, or imported, delivers for
20		transportation, transports, or causes to be transported,
21		carries or causes to be carried, or receives for shipment,
22		transportation, carriage, or export any reptile or
23		amphibian life, in part or in whole, of any of the reptiles
24		and amphibians protected by this Act, and that reptile or
25		amphibian life, in whole or in part, is valued at or in
26		excess of a total of $300 or fair market value, whichever

HB4137 Engrossed - 694 - LRB099 07987 AMC 28127 b
1		is greater, as per value specified in paragraphs (1), (2),
2		(3), and (4) of this subsection commits a Class 3 felony.
3		(b) The trier of fact may infer that a person "knowingly
4		possesses" a reptile or amphibian, in whole or in part,
5		captured or killed in violation of this Act, valued at or in
6		excess of $600, as per value specified in paragraphs (1), (2),
7		(3), and (4) of subsection (a) of this Section.
8		(Source: P.A. 98-752, eff. 1-1-15; revised 12-10-14.)
9		Section 430. The Humane Care for Animals Act is amended by
10		changing Section 2 as follows:
11		(510 ILCS 70/2) (from Ch. 8, par. 702)
12		Sec. 2. As used in this Act, unless the context otherwise
13		requires, the terms specified in the Sections following this
14		Section and preceding Section 3 Sections 2.01 through 2.07 have
15		the meanings ascribed to them in those Sections.
16		(Source: P.A. 78-905; revised 12-10-14.)
17		Section 435. The Illinois Swine Brucellosis Eradication
18		Act is amended by changing Section 1 as follows:
19		(510 ILCS 95/1) (from Ch. 8, par. 148f)
20		Sec. 1. As used in this Act, unless the context otherwise
21		requires, words and phrases have the meanings ascribed to them
22		in the Sections following this Section and preceding Section 2

HB4137 Engrossed - 695 - LRB099 07987 AMC 28127 b
1		Sections 1.1 to 1.7, inclusive.
2		(Source: Laws 1959, p. 2259; revised 12-10-14.)
3		Section 440. The Fish and Aquatic Life Code is amended by
4		changing Sections 1-20, 15-155, and 20-55 as follows:
5		(515 ILCS 5/1-20) (from Ch. 56, par. 1-20)
6		Sec. 1-20. Aquatic life. "Aquatic life" means all fish,
7		mollusks, crustaceans, algae, aquatic plants, aquatic
8		invertebrates, and any other aquatic animals or plants that the
9		Department identifies in rules adopted after consultation with
10		biologists, zoologists, or other wildlife experts. "Aquatic
11		life" does not mean any herptiles that are found in the
12		Herptiles-Herps Act.
13		(Source: P.A. 98-752, eff. 1-1-15; 98-771, eff. 1-1-15; revised
14		10-2-14.)
15		(515 ILCS 5/15-155)
16		Sec. 15-155. Watercraft used as a primary collection device
17		for commercial fishes. Any person licensed as a commercial
18		fisherman who wishes to use his or her their watercraft as a
19		primary collection device for commercial fishes must first
20		obtain a commercial watercraft device tag. All watercraft used
21		as a primary collection device must be legally licensed by the
22		State and be in compliance with all Coast Guard boating
23		regulations. This Section does not apply to any person taking

HB4137 Engrossed - 696 - LRB099 07987 AMC 28127 b
1		Asian Carp by the aid of a boat for non-commercial purposes.
2		(Source: P.A. 98-336, eff. 1-1-14; revised 12-10-14.)
3		(515 ILCS 5/20-55) (from Ch. 56, par. 20-55)
4		Sec. 20-55. License fees for non-residents. Fees for
5		licenses for non-residents of the State of Illinois are as
6		follows:
7		(a) For sport fishing devices as defined by Section 10-95,
8		or spearing devices as defined in Section 10-110, non-residents
9		age 16 or older shall be charged $31 for a fishing license to
10		fish. For sport fishing devices as defined by Section 10-95, or
11		spearing devices as defined in Section 10-110, for a period not
12		to exceed 3 consecutive days fishing in the State of Illinois
13		the fee is $15.00.
14		For sport fishing devices as defined in Section 10-95, or
15		spearing devices as defined in Section 10-110, for 24 hours of
16		fishing the fee is $10. This license does not exempt the
17		licensee from the salmon or inland trout stamp requirement.
18		(b) All non-residents before using any commercial fishing
19		device shall obtain a non-resident commercial fishing license,
20		the fee for which shall be $300, and a non-resident fishing
21		license licensing. Each and every commercial device shall be
22		licensed by a non-resident commercial fisherman as follows:
23		(1) For each 100 lineal yards, or fraction thereof, of
24		seine (excluding minnow seines) the fee is $36.
25		(2) For each device to fish with a 100 hook trot line

HB4137 Engrossed - 697 - LRB099 07987 AMC 28127 b
1		device, basket trap, hoop net, or dip net the fee is $6.
2		(3) For each 100 lineal yards, or fraction thereof, of
3		trammel net the fee is $36.
4		(4) For each 100 lineal yards, or fraction thereof, of
5		gill net the fee is $36.
6		All persons required to have and failing to have the
7		license provided for in subsection (a) of this Section shall be
8		fined under Section 20-35 of this Code. Each person required to
9		have and failing to have the licenses required under subsection
10		(b) of this Section shall be guilty of a Class B misdemeanor.
11		All licenses provided for in this Section shall expire on
12		March 31 of each year; except that the 24-hour license for
13		sport fishing devices or spearing devices shall expire 24 hours
14		after the effective date and time listed on the face of the
15		license and licenses for sport fishing devices or spearing
16		devices for a period not to exceed 3 consecutive days fishing
17		in the State of Illinois as provided in subsection (a) of this
18		Section shall expire at midnight on the tenth day after issued,
19		not counting the day issued.
20		(Source: P.A. 96-831, eff. 1-1-10; 97-1136, eff. 1-1-13;
21		revised 12-10-14.)
22		Section 445. The Wildlife Code is amended by changing
23		Sections 2.2b, 2.5, and 3.1-9 as follows:
24		(520 ILCS 5/2.2b)

HB4137 Engrossed - 698 - LRB099 07987 AMC 28127 b
1		Sec. 2.2b. Imminent threat; nuisance permits.
2		(a) It shall not be illegal for an owner or tenant of land,
3		or his or her their designated agent, to immediately take on
4		his or her property a gray wolf, Canis lupus; American black
5		bear, Ursus americanus; or cougar, Puma concolor if, at any
6		time, the gray wolf, American black bear, or cougar is stalking
7		or , causing an imminent threat, or there is a reasonable
8		expectation that it causes an imminent threat of physical harm
9		or death to a human, livestock, or domestic animals or harm to
10		structures or other property on the owner's or tenant's land.
11		(b) The Department may grant a nuisance permit to the owner
12		or tenant of land, or his or her their designated agent, for
13		the taking of a gray wolf, American black bear, or cougar that
14		is causing a threat to an owner or tenant of land or his or her
15		property that is not an immediate threat under subsection (a)
16		of this Section.
17		(c) The Department shall adopt rules to implement this
18		Section.
19		(Source: P.A. 98-1033, eff. 1-1-15; revised 11-26-14.)
20		(520 ILCS 5/2.5)
21		Sec. 2.5. Crossbow conditions. A person may use a crossbow
22		if one or more of the following conditions are met:
23		(1) the user is a person age 62 and older;
24		(2) the user is a handicapped person to whom the
25		Director has issued a permit to use a crossbow, as provided

HB4137 Engrossed - 699 - LRB099 07987 AMC 28127 b
1		by administrative rule; or
2		(3) the date of using the crossbow is during the period
3		of the second Monday following the Thanksgiving holiday
4		through the last day of the archery deer hunting season
5		(both inclusive) set annually by the Director.
6		As used in this Section, "handicapped person" means a
7		person who has a physical impairment due to injury or disease,
8		congenital or acquired, which renders the person them so
9		severely disabled as to be unable to use a longbow, recurve
10		bow, or compound bow. Permits must be issued only after the
11		receipt of a physician's statement confirming the applicant is
12		handicapped as defined above.
13		(Source: P.A. 97-907, eff. 8-7-12; revised 12-10-14.)
14		(520 ILCS 5/3.1-9)
15		Sec. 3.1-9. Youth Hunting License. Any resident youth age
16		16 and under may apply to the Department for a Youth Hunting
17		License, which extends limited hunting privileges. The Youth
18		Hunting License shall be a renewable license that shall expire
19		on the March 31 following the date of issuance.
20		For youth age 16 and under, the Youth Hunting License shall
21		entitle the licensee to hunt while supervised by a parent,
22		grandparent, or guardian who is 21 years of age or older and
23		has a valid Illinois hunting license. Possession of a Youth
24		Hunting License shall serve in lieu of a valid hunting license,
25		but does not exempt the licensee from compliance with the

HB4137 Engrossed - 700 - LRB099 07987 AMC 28127 b
1		requirements of this Code and any rules adopted under this
2		Code.
3		A youth licensed under this Section shall not hunt or carry
4		a hunting device, including, but not limited to, a firearm, bow
5		and arrow, or crossbow unless the youth is accompanied by and
6		under the close personal supervision of a parent, grandparent,
7		or guardian who is 21 years of age or older and has a valid
8		Illinois hunting license.
9		At age 17 years or when the youth chooses to hunt by
10		himself or herself, he or she is themselves, they are required
11		to successfully complete a hunter safety course approved by the
12		Department prior to being able to obtain a full hunting license
13		and subsequently hunt by himself or herself themselves.
14		In order to be approved for the Youth Hunting License, the
15		applicant must request a Youth Hunting License from the
16		Department and submit a $7 fee, which shall be separate from
17		and additional to any other stamp, permit, tag, or license fee
18		that may be required for hunting under this Code. The
19		Department shall adopt rules for the administration of the
20		program, but shall not require any certificate of competency or
21		other hunting education as a condition of the Youth Hunting
22		License.
23		(Source: P.A. 98-620, eff. 1-7-14; revised 12-10-14.)
24		Section 450. The Railroad Police Act is amended by changing
25		Section 2 as follows:

HB4137 Engrossed - 701 - LRB099 07987 AMC 28127 b
1		(610 ILCS 80/2) (from Ch. 114, par. 98)
2		Sec. 2. Conductors of all railroad trains, and the captain
3		or master of any boat carrying passengers within the
4		jurisdiction of this State state, are is vested with police
5		powers while on duty on their respective trains and boats, and
6		may wear an appropriate badge indicative of this authority.
7		In the policing of its properties any registered rail
8		carrier, as defined in Section 18c-7201 of the Illinois Vehicle
9		Code, may provide for the appointment and maintenance of a
10		police force to aid and supplement the police forces of any
11		municipality in the protection of its property and the
12		protection of the persons and property of its passengers and
13		employees, or in furtherance of the purposes for which the
14		railroad was organized. While engaged in the conduct of their
15		employment, the members of the railroad police force have and
16		may exercise the same police powers conferred upon any peace
17		officer employed by a law enforcement agency of this State,
18		including the authority to issue administrative citations in
19		accordance with the provisions of county or municipal
20		ordinances.
21		Any registered rail carrier that appoints and maintains a
22		police force shall comply with the following requirements:
23		(1) Establish an internal policy that includes
24		procedures to ensure objective oversight in addressing
25		allegations of abuse of authority or other misconduct on

HB4137 Engrossed - 702 - LRB099 07987 AMC 28127 b
1		the part of its police officers.
2		(2) Adopt appropriate policies and guidelines for
3		employee investigations by police officers. These policies
4		and guidelines shall provide for initiating employee
5		investigations only under the following conditions:
6		(A) There is reason to believe criminal misconduct
7		has occurred.
8		(B) In response to an employee accident.
9		(C) There is reason to believe that the interview
10		of an employee could result in workplace violence.
11		(D) There is a legitimate concern for the personal
12		safety of one or more employees.
13		These policies and guidelines shall provide for the
14		right of an employee to request a representative to be
15		present during any interview concerning a non-criminal
16		matter.
17		(3) File copies of the policies and guidelines adopted
18		under paragraphs (1) and (2) with the Illinois Law
19		Enforcement Training Standards Board, which shall make
20		them available for public inspection. The Board shall
21		review the policies and guidelines, and approve them if
22		they comply with the Act.
23		(4) Appeal of a rail carrier's decision. A person
24		adversely affected or aggrieved by a decision of a rail
25		carrier's internal investigation under this Act may appeal
26		the decision to the Illinois State Police. The appeal shall

HB4137 Engrossed - 703 - LRB099 07987 AMC 28127 b
1		be filed no later than 90 days after the issuance of the
2		decision. The State Police shall review the depth,
3		completeness, and objectivity of the rail carrier's
4		investigation, and may conduct its own investigation of the
5		complaint. The State Police may uphold, overturn, or modify
6		the rail carrier's decision by filing a report of its
7		findings and recommendations with the Illinois Commerce
8		Commission. Consistent with authority under Chapter 18C of
9		the Illinois Vehicle Code and the Commission rules of
10		practice, the Commission shall have the power to conduct
11		evidentiary hearings, make findings, and issue and enforce
12		orders, including sanctions under Section 18c-1704 of the
13		Illinois Vehicle Code.
14		Rulemaking authority to implement this amendatory Act of
15		the 95th General Assembly, if any, is conditioned on the rules
16		being adopted in accordance with all provisions of the Illinois
17		Administrative Procedure Act and all rules and procedures of
18		the Joint Committee on Administrative Rules; any purported rule
19		not so adopted, for whatever reason, is unauthorized.
20		(Source: P.A. 98-791, eff. 7-25-14; revised 12-10-14.)
21		Section 455. The Rivers, Lakes, and Streams Act is amended
22		by changing Section 18j as follows:
23		(615 ILCS 5/18j)
24		Sec. 18j. ESDA critical facility evacuation plans. Any

HB4137 Engrossed - 704 - LRB099 07987 AMC 28127 b
1		critical facility that gives shelter to a person who would be
2		unable to evacuate without assistance during a flooding event,
3		and that is located in an area deemed by operation of law not
4		to be within the 100-year floodplain because the area in which
5		the critical facility is located lies within an area protected
6		by a federal levee and is located in a flood prevention
7		district established in accordance with the Flood Prevention
8		District Act shall develop an evacuation plan and certify to
9		the Emergency Services and Disaster Agency (ESDA), as defined
10		by Section 4 of the Illinois Emergency Management Agency Act,
11		on a form provided by the ESDA, that it has developed an
12		evacuation plan which the critical facility has or will
13		implement prior to or concurrent with occupancy of the facility
14		to evacuate persons who need assistance evacuating the facility
15		and the flooded area.
16		(Source: P.A. 96-1395, eff. 7-29-10; revised 12-10-14.)
17		Section 460. The Public-Private Agreements for the South
18		Suburban Airport Act is amended by changing Section 2-15 as
19		follows:
20		(620 ILCS 75/2-15)
21		Sec. 2-15. General airport powers.
22		(a) The Department has the power to plan, develop, secure
23		permits, licenses, and approvals for, acquire, develop,
24		construct, equip, own, and operate the South Suburban Airport.

HB4137 Engrossed - 705 - LRB099 07987 AMC 28127 b
1		The Department also has the power to own, operate, acquire
2		facilities for, construct, improve, repair, maintain,
3		renovate, and expand the South Suburban Airport, including any
4		facilities located on the site of the South Suburban Airport
5		for use by any individual or entity other than the Department.
6		The development of the South Suburban Airport shall also
7		include all land, highways, waterways, mass transit
8		facilities, and other infrastructure that, in the
9		determination of the Department, are necessary or appropriate
10		in connection with the development or operation of the South
11		Suburban Airport. The development of the South Suburban Airport
12		also includes acquisition and development of any land or
13		facilities for (i) relocation of persons, including providing
14		replacement housing or facilities for persons and entities
15		displaced by that development, (ii) protecting or reclaiming
16		the environment with respect to the South Suburban Airport,
17		(iii) providing substitute or replacement property or
18		facilities, including, without limitation, for areas of
19		recreation, conservation, open space, and wetlands, (iv)
20		providing navigational aids, or (v) utilities to serve the
21		airport, whether or not located on the site of the South
22		Suburban Airport.
23		(b) The Department shall have the authority to undertake
24		and complete all ongoing projects related to the South Suburban
25		Airport, including the South Suburban Airport Master Plan, and
26		assisting the Federal Aviation Administration in preparing and

HB4137 Engrossed - 706 - LRB099 07987 AMC 28127 b
1		approving the Environmental Impact Statement and Record of
2		Decision.
3		(c) The Department has the power to enter into all
4		contracts useful for carrying out its purposes and powers,
5		including, without limitation, public-private agreements
6		pursuant to the provisions of this Act, ; leases of any of its
7		property or facilities, use agreements with airlines or other
8		airport users relating to the South Suburban Airport,
9		agreements with South Suburban Airport concessionaires, and
10		franchise agreements for use of or access to South Suburban
11		Airport facilities.
12		(d) The Department has the power to apply to the proper
13		authorities of the United States, the State of Illinois, and
14		other governmental entities, as permitted or authorized by
15		applicable law, to obtain any licenses, approvals, or permits
16		reasonably necessary to achieve the purposes of this Act. All
17		applications to the Federal Aviation Administration, or any
18		successor agency, shall be made by the Department.
19		(e) The Department may take all steps consistent with
20		applicable laws to maximize funding for the costs of the South
21		Suburban Airport from grants by the Federal Aviation
22		Administration or any successor agency, or any other federal
23		governmental agency.
24		(f) The Department has the power to apply to the proper
25		authorities of the United States pursuant to appropriate law
26		for permission to establish, operate, maintain, and lease

HB4137 Engrossed - 707 - LRB099 07987 AMC 28127 b
1		foreign trade zones and sub-zones within the areas of the South
2		Suburban Airport and to establish, operate, maintain, and lease
3		foreign trade zones and sub-zones.
4		(g) The Department may publicize, advertise, and promote
5		the activities of the South Suburban Airport, including, to
6		make known the advantages, facilities, resources, products,
7		attractions, and attributes of the South Suburban Airport.
8		(h) The Department may, at any time, acquire any land, any
9		interests in land, other property, and interests in property
10		needed for the South Suburban Airport or necessary to carry out
11		the Department's powers and functions under this Act, including
12		by exercise of the power of eminent domain pursuant to Section
13		2-100 of this Act. The Department shall also have the power to
14		dispose of any such lands, interests, and property upon terms
15		it deems appropriate.
16		(i) The Department may adopt any reasonable rules for the
17		administration of this Act in accordance with the Illinois
18		Administrative Procedure Act.
19		(Source: P.A. 98-109, eff. 7-25-13; revised 12-10-14.)
20		Section 465. The Illinois Vehicle Code is amended by
21		changing Sections 3-102, 3-109, 3-400, 3-413, 3-701, 5-101,
22		5-102, 6-113, 7-311, 11-601, 11-709.2, 12-215, and 15-111 and
23		the heading of Chapter 11 of Article V as follows:
24		(625 ILCS 5/3-102) (from Ch. 95 1/2, par. 3-102)

HB4137 Engrossed - 708 - LRB099 07987 AMC 28127 b
1		Sec. 3-102. Exclusions. No certificate of title need be
2		obtained for:
3		1. a A vehicle owned by the State of Illinois; or a
4		vehicle owned by the United States unless it is registered
5		in this State;
6		2. a A vehicle owned by a manufacturer or dealer and
7		held for sale, even though incidentally moved on the
8		highway or used for purposes of testing or demonstration,
9		provided a dealer reassignment area is still available on
10		the manufacturer's certificate of origin or the Illinois
11		title; or a vehicle used by a manufacturer solely for
12		testing;
13		3. a A vehicle owned by a non-resident of this State
14		and not required by law to be registered in this State;
15		4. a A motor vehicle regularly engaged in the
16		interstate transportation of persons or property for which
17		a currently effective certificate of title has been issued
18		in another State;
19		5. a A vehicle moved solely by animal power;
20		6. an An implement of husbandry;
21		7. special Special mobile equipment;
22		8. an An apportionable trailer or an apportionable
23		semitrailer registered in the State prior to April 1,
24		1998; .
25		9. a A manufactured home for which an affidavit of
26		affixation has been recorded pursuant to the Conveyance and

HB4137 Engrossed - 709 - LRB099 07987 AMC 28127 b
1		Encumbrance of Manufactured Homes as Real Property and
2		Severance Act unless with respect to the same manufactured
3		home there has been recorded an affidavit of severance
4		pursuant to that Act.
5		(Source: P.A. 98-749, eff. 7-16-14; revised 12-10-14.)
6		(625 ILCS 5/3-109) (from Ch. 95 1/2, par. 3-109)
7		Sec. 3-109. Registration without certificate of title;
8		bond. If the Secretary of State is not satisfied as to the
9		ownership of the vehicle, including, but not limited to, in the
10		case of a manufactured home, a circumstance in which the
11		manufactured home is covered by a Manufacturer's Statement of
12		Origin that the owner of the manufactured home, after diligent
13		search and inquiry, is unable to produce, or that there are no
14		undisclosed security interests in it, the Secretary of State
15		may register the vehicle but shall:
16		(a) Withhold issuance of a certificate of title until
17		the applicant presents documents reasonably sufficient to
18		satisfy the Secretary of State as to the applicant's
19		ownership of the vehicle and that there are no undisclosed
20		security interests in it;
21		(b) As a condition of issuing a certificate of title,
22		require the applicant to file with the Secretary of State a
23		bond in the form prescribed by the Secretary of State and
24		executed by the applicant, and either accompanied by the
25		deposit of cash with the Secretary of State or also

HB4137 Engrossed - 710 - LRB099 07987 AMC 28127 b
1		executed by a person authorized to conduct a surety
2		business in this State. The bond shall be in an amount
3		equal to one and one-half times the value of the vehicle as
4		determined by the Secretary of State and conditioned to
5		indemnify any prior owner and lienholder and any subsequent
6		purchaser of the vehicle or person acquiring any security
7		interest in it, and their respective successors in
8		interest, against any expense, loss or damage, including
9		reasonable attorney's fees, by reason of the issuance of
10		the certificate of title of the vehicle or on account of
11		any defect in or undisclosed security interest upon the
12		right, title and interest of the applicant in and to the
13		vehicle. Any such interested person has a right of action
14		to recover on the bond for any breach of its conditions,
15		but the aggregate liability of the surety to all persons
16		shall not exceed the amount of the bond. The bond, and any
17		deposit accompanying it, shall be returned at the end of 3
18		three (3) years or prior thereto if (i) the vehicle is no
19		longer registered in this State and the currently valid
20		certificate of title is surrendered to the Secretary of
21		State or (ii), in the case of a certificate of title to a
22		manufactured home, the currently valid certificate of
23		title is surrendered to the Secretary of State in
24		accordance with Section 3-116.2; , unless the Secretary of
25		State has been notified of the pendency of an action to
26		recover on the bond; or

HB4137 Engrossed - 711 - LRB099 07987 AMC 28127 b
1		(b-5) Require the applicant to file with the Secretary
2		of State an application for a provisional title in the form
3		prescribed by the Secretary and executed by the applicant,
4		and accompanied by a $50 fee to be deposited in the
5		CDLIS/AAMVAnet/NMVTIS Trust Fund. The Secretary shall
6		designate by rule the documentation acceptable for an
7		individual to apply for a provisional title. A provisional
8		title shall be valid for 3 years and is nontransferable for
9		the 3-year period. A provisional title shall be clearly
10		marked and otherwise distinguished from a certificate of
11		title. Three years after the issuance of a provisional
12		title, the provisional title holder shall apply for the
13		appropriate transferrable title in the applicant's name.
14		If a claim of ownership for the vehicle is brought against
15		a holder of a provisional title, then the provisional title
16		holder shall apply for a bond under subsection (b) of this
17		Section for the amount of time remaining on the provisional
18		title. A provisional title holder or an individual who
19		asserts a claim to the motor vehicle may petition a circuit
20		court of competent jurisdiction for an order to determine
21		the ownership of the vehicle. A provisional title shall not
22		be available to individuals or entities that rebuild,
23		repair, store, or tow vehicles or have a claim against the
24		vehicle under the Labor and Storage Lien Act or the Labor
25		and Storage Lien (Small Amount) Act.
26		Security deposited as a bond hereunder shall be placed

HB4137 Engrossed - 712 - LRB099 07987 AMC 28127 b
1		by the Secretary of State in the custody of the State
2		Treasurer.
3		(c) During July, annually, the Secretary shall compile a
4		list of all bonds on deposit, pursuant to this Section, for
5		more than 3 years and concerning which he has received no
6		notice as to the pendency of any judicial proceeding that could
7		affect the disposition thereof. Thereupon, he shall promptly
8		send a notice by certified mail to the last known address of
9		each depositor advising him that his bond will be subject to
10		escheat to the State of Illinois if not claimed within 30 days
11		after the mailing date of such notice. At the expiration of
12		such time, the Secretary of State shall file with the State
13		Treasurer an order directing the transfer of such deposit to
14		the Road Fund in the State Treasury. Upon receipt of such
15		order, the State Treasurer shall make such transfer, after
16		converting to cash any other type of security. Thereafter any
17		person having a legal claim against such deposit may enforce it
18		by appropriate proceedings in the Court of Claims subject to
19		the limitations prescribed for such Court. At the expiration of
20		such limitation period such deposit shall escheat to the State
21		of Illinois.
22		(Source: P.A. 98-749, eff. 7-16-14; 98-777, eff. 1-1-15;
23		revised 10-2-14.)
24		(625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
25		Sec. 3-400. Definitions. Notwithstanding the definitions

HB4137 Engrossed - 713 - LRB099 07987 AMC 28127 b
1		definition set forth in Chapter 1 of this Act, for the purposes
2		of this Article, the following words shall have the meaning
3		ascribed to them as follows:
4		"Apportionable Fee" means any periodic recurring fee
5		required for licensing or registering vehicles, such as, but
6		not limited to, registration fees, license or weight fees.
7		"Apportionable Vehicle" means any vehicle, except
8		recreational vehicles, vehicles displaying restricted plates,
9		city pickup and delivery vehicles, buses used in transportation
10		of chartered parties, and government owned vehicles that are
11		used or intended for use in 2 or more member jurisdictions that
12		allocate or proportionally register vehicles, in a fleet which
13		is used for the transportation of persons for hire or the
14		transportation of property and which has a gross vehicle weight
15		in excess of 26,000 pounds; or has three or more axles
16		regardless of weight; or is used in combination when the weight
17		of such combination exceeds 26,000 pounds gross vehicle weight.
18		Vehicles, or combinations having a gross vehicle weight of
19		26,000 pounds or less and two-axle vehicles may be
20		proportionally registered at the option of such owner.
21		"Base Jurisdiction" means, for purposes of fleet
22		registration, the jurisdiction where the registrant has an
23		established place of business, where operational records of the
24		fleet are maintained and where mileage is accrued by the fleet.
25		In case a registrant operates more than one fleet, and
26		maintains records for each fleet in different places, the "base

HB4137 Engrossed - 714 - LRB099 07987 AMC 28127 b
1		jurisdiction" for a fleet shall be the jurisdiction where an
2		established place of business is maintained, where records of
3		the operation of that fleet are maintained and where mileage is
4		accrued by that fleet.
5		"Operational Records" means documents supporting miles
6		traveled in each jurisdiction and total miles traveled, such as
7		fuel reports, trip leases, and logs.
8		"Owner" means a Owner. A person who holds legal title of a
9		motor vehicle, or in the event a motor vehicle is the subject
10		of an agreement for the conditional sale or lease thereof with
11		the right of purchase upon performance of the conditions stated
12		in the agreement and with an immediate right of possession
13		vested in the conditional vendee or lessee with right of
14		purchase, or in the event a mortgagor of such motor vehicle is
15		entitled to possession, or in the event a lessee of such motor
16		vehicle is entitled to possession or control, then such
17		conditional vendee or lessee with right of purchase or
18		mortgagor or lessee is considered to be the owner for the
19		purpose of this Act.
20		"Registration plate cover" means any tinted, colored,
21		painted, marked, clear, or illuminated object that is designed
22		to (i) cover any of the characters of a motor vehicle's
23		registration plate; or (ii) distort a recorded image of any of
24		the characters of a motor vehicle's registration plate recorded
25		by an automated enforcement system as defined in Section
26		11-208.6, 11-208.8, or 11-1201.1 of this Code or recorded by an

HB4137 Engrossed - 715 - LRB099 07987 AMC 28127 b
1		automated traffic control system as defined in Section 15 of
2		the Automated Traffic Control Systems in Highway Construction
3		or Maintenance Zones Act.
4		"Rental Owner" means an owner principally engaged, with
5		respect to one or more rental fleets, in renting to others or
6		offering for rental the vehicles of such fleets, without
7		drivers.
8		"Restricted Plates" shall include, but is are not limited
9		to, dealer, manufacturer, transporter, farm, repossessor, and
10		permanently mounted type plates. Vehicles displaying any of
11		these type plates from a foreign jurisdiction that is a member
12		of the International Registration Plan shall be granted
13		reciprocity but shall be subject to the same limitations as
14		similar plated Illinois registered vehicles.
15		(Source: P.A. 97-743, eff. 1-1-13; 98-463, eff. 8-16-13;
16		revised 2-7-15.)
17		(625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413)
18		Sec. 3-413. Display of registration plates, registration
19		stickers, and drive-away permits; registration plate covers.
20		(a) Registration plates issued for a motor vehicle other
21		than a motorcycle, autocycle, trailer, semitrailer,
22		truck-tractor, apportioned bus, or apportioned truck shall be
23		attached thereto, one in the front and one in the rear. The
24		registration plate issued for a motorcycle, autocycle, trailer
25		or semitrailer required to be registered hereunder and any

HB4137 Engrossed - 716 - LRB099 07987 AMC 28127 b
1		apportionment plate issued to a bus under the provisions of
2		this Code shall be attached to the rear thereof. The
3		registration plate issued for a truck-tractor or an apportioned
4		truck required to be registered hereunder shall be attached to
5		the front thereof.
6		(b) Every registration plate shall at all times be securely
7		fastened in a horizontal position to the vehicle for which it
8		is issued so as to prevent the plate from swinging and at a
9		height of not less than 5 inches from the ground, measuring
10		from the bottom of such plate, in a place and position to be
11		clearly visible and shall be maintained in a condition to be
12		clearly legible, free from any materials that would obstruct
13		the visibility of the plate. A registration plate on a
14		motorcycle may be mounted vertically as long as it is otherwise
15		clearly visible. Registration stickers issued as evidence of
16		renewed annual registration shall be attached to registration
17		plates as required by the Secretary of State, and be clearly
18		visible at all times.
19		(c) Every drive-away permit issued pursuant to this Code
20		shall be firmly attached to the motor vehicle in the manner
21		prescribed by the Secretary of State. If a drive-away permit is
22		affixed to a motor vehicle in any other manner the permit shall
23		be void and of no effect.
24		(d) The Illinois prorate decal issued to a foreign
25		registered vehicle part of a fleet prorated or apportioned with
26		Illinois, shall be displayed on a registration plate and

HB4137 Engrossed - 717 - LRB099 07987 AMC 28127 b
1		displayed on the front of such vehicle in the same manner as an
2		Illinois registration plate.
3		(e) The registration plate issued for a camper body mounted
4		on a truck displaying registration plates shall be attached to
5		the rear of the camper body.
6		(f) No person shall operate a vehicle, nor permit the
7		operation of a vehicle, upon which is displayed an Illinois
8		registration plate, plates or registration stickers, except as
9		provided for in subsection (b) of Section 3-701 of this Code,
10		after the termination of the registration period for which
11		issued or after the expiration date set pursuant to Sections
12		3-414 and 3-414.1 of this Code.
13		(g) A person may not operate any motor vehicle that is
14		equipped with registration plate covers. A violation of this
15		subsection (g) or a similar provision of a local ordinance is
16		an offense against laws and ordinances regulating the movement
17		of traffic.
18		(h) A person may not sell or offer for sale a registration
19		plate cover. A violation of this subsection (h) is a business
20		offense.
21		(i) A person may not advertise for the purpose of promoting
22		the sale of registration plate covers. A violation of this
23		subsection (i) is a business offense.
24		(j) A person may not modify the original manufacturer's
25		mounting location of the rear registration plate on any vehicle
26		so as to conceal the registration or to knowingly cause it to

HB4137 Engrossed - 718 - LRB099 07987 AMC 28127 b
1		be obstructed in an effort to hinder a peace officer from
2		obtaining the registration for the enforcement of a violation
3		of this Code, Section 27.1 of the Toll Highway Act concerning
4		toll evasion, or any municipal ordinance. Modifications
5		prohibited by this subsection (j) include but are not limited
6		to the use of an electronic device. A violation of this
7		subsection (j) is a Class A misdemeanor.
8		(Source: P.A. 97-743, eff. 1-1-13; 98-777, eff. 1-1-15;
9		98-1103, eff. 1-1-15; revised 10-1-14.)
10		(625 ILCS 5/3-701) (from Ch. 95 1/2, par. 3-701)
11		Sec. 3-701. Operation of vehicles without evidence of
12		registration - Operation under mileage plates when odometer
13		broken or disconnected.
14		(a) No person shall operate, nor shall an owner knowingly
15		permit to be operated, except as provided in subsection (b) of
16		this Section, a vehicle upon any highway unless there shall be
17		attached thereto and displayed thereon when and as required by
18		law, proper evidence of registration in Illinois, as follows:
19		(1) A vehicle required to be registered in Illinois. A
20		current and valid Illinois registration sticker or
21		stickers and plate or plates, or an Illinois temporary
22		registration permit, or a drive-away or in-transit permit,
23		issued therefor by the Secretary of State. ; or
24		(2) A vehicle eligible for Reciprocity. A current and
25		valid reciprocal foreign registration plate or plates

HB4137 Engrossed - 719 - LRB099 07987 AMC 28127 b
1		properly issued to such vehicle or a temporary registration
2		issued therefor, by the reciprocal State, and, in addition,
3		when required by the Secretary, a current and valid
4		Illinois Reciprocity Permit or Prorate Decal issued
5		therefor by the Secretary of State; or except as otherwise
6		expressly provided for in this Chapter.
7		(3) A vehicle commuting for repairs in Illinois. A
8		dealer plate issued by a foreign state shall exempt a
9		vehicle from the requirements of this Section if the
10		vehicle is being operated for the purpose of transport to a
11		repair facility in Illinois to have repairs performed on
12		the vehicle displaying foreign dealer plates. The driver of
13		the motor vehicle bearing dealer plates shall provide a
14		work order or contract with the repair facility to a law
15		enforcement officer upon request.
16		(b) A person may operate or permit operation of a vehicle
17		upon any highway a vehicle that has been properly registered
18		but does not display a current and valid Illinois registration
19		sticker if he or she has proof, in the form of a printed
20		receipt from the Secretary, that he or she registered the
21		vehicle before the previous registration's expiration but has
22		not received a new registration sticker from the Secretary.
23		This printed proof of registration is valid for 30 days from
24		the expiration of the previous registration sticker's date.
25		(c) No person shall operate, nor shall any owner knowingly
26		permit to be operated, any vehicle of the second division for

HB4137 Engrossed - 720 - LRB099 07987 AMC 28127 b
1		which the owner has made an election to pay the mileage tax in
2		lieu of the annual flat weight tax, at any time when the
3		odometer of such vehicle is broken or disconnected, or is
4		inoperable or not operating.
5		(Source: P.A. 98-971, eff. 1-1-15; 98-1103, eff. 1-1-15;
6		revised 10-3-14.)
7		(625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
8		Sec. 5-101. New vehicle dealers must be licensed.
9		(a) No person shall engage in this State in the business of
10		selling or dealing in, on consignment or otherwise, new
11		vehicles of any make, or act as an intermediary or agent or
12		broker for any licensed dealer or vehicle purchaser other than
13		as a salesperson, or represent or advertise that he is so
14		engaged or intends to so engage in such business unless
15		licensed to do so in writing by the Secretary of State under
16		the provisions of this Section.
17		(b) An application for a new vehicle dealer's license shall
18		be filed with the Secretary of State, duly verified by oath, on
19		such form as the Secretary of State may by rule or regulation
20		prescribe and shall contain:
21		1. The name and type of business organization of the
22		applicant and his established and additional places of
23		business, if any, in this State.
24		2. If the applicant is a corporation, a list of its
25		officers, directors, and shareholders having a ten percent

HB4137 Engrossed - 721 - LRB099 07987 AMC 28127 b
1		or greater ownership interest in the corporation, setting
2		forth the residence address of each; if the applicant is a
3		sole proprietorship, a partnership, an unincorporated
4		association, a trust, or any similar form of business
5		organization, the name and residence address of the
6		proprietor or of each partner, member, officer, director,
7		trustee, or manager.
8		3. The make or makes of new vehicles which the
9		applicant will offer for sale at retail in this State.
10		4. The name of each manufacturer or franchised
11		distributor, if any, of new vehicles with whom the
12		applicant has contracted for the sale of such new vehicles.
13		As evidence of this fact, the application shall be
14		accompanied by a signed statement from each such
15		manufacturer or franchised distributor. If the applicant
16		is in the business of offering for sale new conversion
17		vehicles, trucks or vans, except for trucks modified to
18		serve a special purpose which includes but is not limited
19		to the following vehicles: street sweepers, fertilizer
20		spreaders, emergency vehicles, implements of husbandry or
21		maintenance type vehicles, he must furnish evidence of a
22		sales and service agreement from both the chassis
23		manufacturer and second stage manufacturer.
24		5. A statement that the applicant has been approved for
25		registration under the Retailers' Occupation Tax Act by the
26		Department of Revenue: Provided that this requirement does

HB4137 Engrossed - 722 - LRB099 07987 AMC 28127 b
1		not apply to a dealer who is already licensed hereunder
2		with the Secretary of State, and who is merely applying for
3		a renewal of his license. As evidence of this fact, the
4		application shall be accompanied by a certification from
5		the Department of Revenue showing that that Department has
6		approved the applicant for registration under the
7		Retailers' Occupation Tax Act.
8		6. A statement that the applicant has complied with the
9		appropriate liability insurance requirement. A Certificate
10		of Insurance in a solvent company authorized to do business
11		in the State of Illinois shall be included with each
12		application covering each location at which he proposes to
13		act as a new vehicle dealer. The policy must provide
14		liability coverage in the minimum amounts of $100,000 for
15		bodily injury to, or death of, any person, $300,000 for
16		bodily injury to, or death of, two or more persons in any
17		one accident, and $50,000 for damage to property. Such
18		policy shall expire not sooner than December 31 of the year
19		for which the license was issued or renewed. The expiration
20		of the insurance policy shall not terminate the liability
21		under the policy arising during the period for which the
22		policy was filed. Trailer and mobile home dealers are
23		exempt from this requirement.
24		If the permitted user has a liability insurance policy
25		that provides automobile liability insurance coverage of
26		at least $100,000 for bodily injury to or the death of any

HB4137 Engrossed - 723 - LRB099 07987 AMC 28127 b
1		person, $300,000 for bodily injury to or the death of any 2
2		or more persons in any one accident, and $50,000 for damage
3		to property, then the permitted user's insurer shall be the
4		primary insurer and the dealer's insurer shall be the
5		secondary insurer. If the permitted user does not have a
6		liability insurance policy that provides automobile
7		liability insurance coverage of at least $100,000 for
8		bodily injury to or the death of any person, $300,000 for
9		bodily injury to or the death of any 2 or more persons in
10		any one accident, and $50,000 for damage to property, or
11		does not have any insurance at all, then the dealer's
12		insurer shall be the primary insurer and the permitted
13		user's insurer shall be the secondary insurer.
14		When a permitted user is "test driving" a new vehicle
15		dealer's automobile, the new vehicle dealer's insurance
16		shall be primary and the permitted user's insurance shall
17		be secondary.
18		As used in this paragraph 6, a "permitted user" is a
19		person who, with the permission of the new vehicle dealer
20		or an employee of the new vehicle dealer, drives a vehicle
21		owned and held for sale or lease by the new vehicle dealer
22		which the person is considering to purchase or lease, in
23		order to evaluate the performance, reliability, or
24		condition of the vehicle. The term "permitted user" also
25		includes a person who, with the permission of the new
26		vehicle dealer, drives a vehicle owned or held for sale or

HB4137 Engrossed - 724 - LRB099 07987 AMC 28127 b
1		lease by the new vehicle dealer for loaner purposes while
2		the user's vehicle is being repaired or evaluated.
3		As used in this paragraph 6, "test driving" occurs when
4		a permitted user who, with the permission of the new
5		vehicle dealer or an employee of the new vehicle dealer,
6		drives a vehicle owned and held for sale or lease by a new
7		vehicle dealer that the person is considering to purchase
8		or lease, in order to evaluate the performance,
9		reliability, or condition of the vehicle.
10		As used in this paragraph 6, "loaner purposes" means
11		when a person who, with the permission of the new vehicle
12		dealer, drives a vehicle owned or held for sale or lease by
13		the new vehicle dealer while the user's vehicle is being
14		repaired or evaluated.
15		7. (A) An application for a new motor vehicle dealer's
16		license shall be accompanied by the following license fees:
17		(i) $1,000 for applicant's established place of
18		business, and $100 for each additional place of
19		business, if any, to which the application pertains;
20		but if the application is made after June 15 of any
21		year, the license fee shall be $500 for applicant's
22		established place of business plus $50 for each
23		additional place of business, if any, to which the
24		application pertains. License fees shall be returnable
25		only in the event that the application is denied by the
26		Secretary of State. All moneys received by the

HB4137 Engrossed - 725 - LRB099 07987 AMC 28127 b
1		Secretary of State as license fees under this
2		subparagraph (i) prior to applications for the 2004
3		licensing year shall be deposited into the Motor
4		Vehicle Review Board Fund and shall be used to
5		administer the Motor Vehicle Review Board under the
6		Motor Vehicle Franchise Act. Of the money received by
7		the Secretary of State as license fees under this
8		subparagraph (i) for the 2004 licensing year and
9		thereafter, 10% shall be deposited into the Motor
10		Vehicle Review Board Fund and shall be used to
11		administer the Motor Vehicle Review Board under the
12		Motor Vehicle Franchise Act and 90% shall be deposited
13		into the General Revenue Fund.
14		(ii) Except for dealers selling 25 or fewer
15		automobiles or as provided in subsection (h) of Section
16		5-102.7 of this Code, an Annual Dealer Recovery Fund
17		Fee in the amount of $500 for the applicant's
18		established place of business, and $50 for each
19		additional place of business, if any, to which the
20		application pertains; but if the application is made
21		after June 15 of any year, the fee shall be $250 for
22		the applicant's established place of business plus $25
23		for each additional place of business, if any, to which
24		the application pertains. For a license renewal
25		application, the fee shall be based on the amount of
26		automobiles sold in the past year according to the

HB4137 Engrossed - 726 - LRB099 07987 AMC 28127 b
1		following formula:
2		(1) $0 for dealers selling 25 or less
3		automobiles;
4		(2) $150 for dealers selling more than 25 but
5		less than 200 automobiles;
6		(3) $300 for dealers selling 200 or more
7		automobiles but less than 300 automobiles; and
8		(4) $500 for dealers selling 300 or more
9		automobiles.
10		License fees shall be returnable only in the event
11		that the application is denied by the Secretary of
12		State. Moneys received under this subparagraph (ii)
13		shall be deposited into the Dealer Recovery Trust Fund.
14		(B) An application for a new vehicle dealer's license,
15		other than for a new motor vehicle dealer's license, shall
16		be accompanied by the following license fees:
17		(i) $1,000 for applicant's established place of
18		business, and $50 for each additional place of
19		business, if any, to which the application pertains;
20		but if the application is made after June 15 of any
21		year, the license fee shall be $500 for applicant's
22		established place of business plus $25 for each
23		additional place of business, if any, to which the
24		application pertains. License fees shall be returnable
25		only in the event that the application is denied by the
26		Secretary of State. Of the money received by the

HB4137 Engrossed - 727 - LRB099 07987 AMC 28127 b
1		Secretary of State as license fees under this
2		subparagraph (i) for the 2004 licensing year and
3		thereafter, 95% shall be deposited into the General
4		Revenue Fund.
5		(ii) Except as provided in subsection (h) of
6		Section 5-102.7 of this Code, an Annual Dealer Recovery
7		Fund Fee in the amount of $500 for the applicant's
8		established place of business, and $50 for each
9		additional place of business, if any, to which the
10		application pertains; but if the application is made
11		after June 15 of any year, the fee shall be $250 for
12		the applicant's established place of business plus $25
13		for each additional place of business, if any, to which
14		the application pertains. License fees shall be
15		returnable only in the event that the application is
16		denied by the Secretary of State. Moneys received under
17		this subparagraph (ii) shall be deposited into the
18		Dealer Recovery Trust Fund.
19		8. A statement that the applicant's officers,
20		directors, shareholders having a 10% or greater ownership
21		interest therein, proprietor, a partner, member, officer,
22		director, trustee, manager or other principals in the
23		business have not committed in the past 3 years any one
24		violation as determined in any civil, criminal or
25		administrative proceedings of any one of the following
26		Acts:

HB4137 Engrossed - 728 - LRB099 07987 AMC 28127 b
1		(A) The Anti-Theft Anti Theft Laws of the Illinois
2		Vehicle Code;
3		(B) The Certificate of Title Laws of the Illinois
4		Vehicle Code;
5		(C) The Offenses against Registration and
6		Certificates of Title Laws of the Illinois Vehicle
7		Code;
8		(D) The Dealers, Transporters, Wreckers and
9		Rebuilders Laws of the Illinois Vehicle Code;
10		(E) Section 21-2 of the Criminal Code of 1961 or
11		the Criminal Code of 2012, Criminal Trespass to
12		Vehicles; or
13		(F) The Retailers' Occupation Tax Act.
14		9. A statement that the applicant's officers,
15		directors, shareholders having a 10% or greater ownership
16		interest therein, proprietor, partner, member, officer,
17		director, trustee, manager or other principals in the
18		business have not committed in any calendar year 3 or more
19		violations, as determined in any civil, criminal or
20		administrative proceedings, of any one or more of the
21		following Acts:
22		(A) The Consumer Finance Act;
23		(B) The Consumer Installment Loan Act;
24		(C) The Retail Installment Sales Act;
25		(D) The Motor Vehicle Retail Installment Sales
26		Act;

HB4137 Engrossed - 729 - LRB099 07987 AMC 28127 b
1		(E) The Interest Act;
2		(F) The Illinois Wage Assignment Act;
3		(G) Part 8 of Article XII of the Code of Civil
4		Procedure; or
5		(H) The Consumer Fraud Act.
6		10. A bond or certificate of deposit in the amount of
7		$20,000 for each location at which the applicant intends to
8		act as a new vehicle dealer. The bond shall be for the term
9		of the license, or its renewal, for which application is
10		made, and shall expire not sooner than December 31 of the
11		year for which the license was issued or renewed. The bond
12		shall run to the People of the State of Illinois, with
13		surety by a bonding or insurance company authorized to do
14		business in this State. It shall be conditioned upon the
15		proper transmittal of all title and registration fees and
16		taxes (excluding taxes under the Retailers' Occupation Tax
17		Act) accepted by the applicant as a new vehicle dealer.
18		11. Such other information concerning the business of
19		the applicant as the Secretary of State may by rule or
20		regulation prescribe.
21		12. A statement that the applicant understands Chapter
22		1 One through Chapter 5 Five of this Code.
23		(c) Any change which renders no longer accurate any
24		information contained in any application for a new vehicle
25		dealer's license shall be amended within 30 days after the
26		occurrence of such change on such form as the Secretary of

HB4137 Engrossed - 730 - LRB099 07987 AMC 28127 b
1		State may prescribe by rule or regulation, accompanied by an
2		amendatory fee of $2.
3		(d) Anything in this Chapter 5 to the contrary
4		notwithstanding no person shall be licensed as a new vehicle
5		dealer unless:
6		1. He is authorized by contract in writing between
7		himself and the manufacturer or franchised distributor of
8		such make of vehicle to so sell the same in this State, and
9		2. Such person shall maintain an established place of
10		business as defined in this Act.
11		(e) The Secretary of State shall, within a reasonable time
12		after receipt, examine an application submitted to him under
13		this Section and unless he makes a determination that the
14		application submitted to him does not conform with the
15		requirements of this Section or that grounds exist for a denial
16		of the application, under Section 5-501 of this Chapter, grant
17		the applicant an original new vehicle dealer's license in
18		writing for his established place of business and a
19		supplemental license in writing for each additional place of
20		business in such form as he may prescribe by rule or regulation
21		which shall include the following:
22		1. The name of the person licensed;
23		2. If a corporation, the name and address of its
24		officers or if a sole proprietorship, a partnership, an
25		unincorporated association or any similar form of business
26		organization, the name and address of the proprietor or of

HB4137 Engrossed - 731 - LRB099 07987 AMC 28127 b
1		each partner, member, officer, director, trustee or
2		manager;
3		3. In the case of an original license, the established
4		place of business of the licensee;
5		4. In the case of a supplemental license, the
6		established place of business of the licensee and the
7		additional place of business to which such supplemental
8		license pertains;
9		5. The make or makes of new vehicles which the licensee
10		is licensed to sell.
11		(f) The appropriate instrument evidencing the license or a
12		certified copy thereof, provided by the Secretary of State,
13		shall be kept posted conspicuously in the established place of
14		business of the licensee and in each additional place of
15		business, if any, maintained by such licensee.
16		(g) Except as provided in subsection (h) hereof, all new
17		vehicle dealer's licenses granted under this Section shall
18		expire by operation of law on December 31 of the calendar year
19		for which they are granted unless sooner revoked or cancelled
20		under the provisions of Section 5-501 of this Chapter.
21		(h) A new vehicle dealer's license may be renewed upon
22		application and payment of the fee required herein, and
23		submission of proof of coverage under an approved bond under
24		the "Retailers' Occupation Tax Act" or proof that applicant is
25		not subject to such bonding requirements, as in the case of an
26		original license, but in case an application for the renewal of

HB4137 Engrossed - 732 - LRB099 07987 AMC 28127 b
1		an effective license is made during the month of December, the
2		effective license shall remain in force until the application
3		is granted or denied by the Secretary of State.
4		(i) All persons licensed as a new vehicle dealer are
5		required to furnish each purchaser of a motor vehicle:
6		1. In the case of a new vehicle a manufacturer's
7		statement of origin and in the case of a used motor vehicle
8		a certificate of title, in either case properly assigned to
9		the purchaser;
10		2. A statement verified under oath that all identifying
11		numbers on the vehicle agree with those on the certificate
12		of title or manufacturer's statement of origin;
13		3. A bill of sale properly executed on behalf of such
14		person;
15		4. A copy of the Uniform Invoice-transaction reporting
16		return referred to in Section 5-402 hereof;
17		5. In the case of a rebuilt vehicle, a copy of the
18		Disclosure of Rebuilt Vehicle Status; and
19		6. In the case of a vehicle for which the warranty has
20		been reinstated, a copy of the warranty.
21		(j) Except at the time of sale or repossession of the
22		vehicle, no person licensed as a new vehicle dealer may issue
23		any other person a newly created key to a vehicle unless the
24		new vehicle dealer makes a copy of the driver's license or
25		State identification card of the person requesting or obtaining
26		the newly created key. The new vehicle dealer must retain the

HB4137 Engrossed - 733 - LRB099 07987 AMC 28127 b
1		copy for 30 days.
2		A new vehicle dealer who violates this subsection (j) is
3		guilty of a petty offense. Violation of this subsection (j) is
4		not cause to suspend, revoke, cancel, or deny renewal of the
5		new vehicle dealer's license.
6		This amendatory Act of 1983 shall be applicable to the 1984
7		registration year and thereafter.
8		(Source: P.A. 97-480, eff. 10-1-11; 97-1150, eff. 1-25-13;
9		98-450, eff. 1-1-14; revised 12-10-14.)
10		(625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
11		Sec. 5-102. Used vehicle dealers must be licensed.
12		(a) No person, other than a licensed new vehicle dealer,
13		shall engage in the business of selling or dealing in, on
14		consignment or otherwise, 5 or more used vehicles of any make
15		during the year (except house trailers as authorized by
16		paragraph (j) of this Section and rebuilt salvage vehicles sold
17		by their rebuilders to persons licensed under this Chapter), or
18		act as an intermediary, agent or broker for any licensed dealer
19		or vehicle purchaser (other than as a salesperson) or represent
20		or advertise that he is so engaged or intends to so engage in
21		such business unless licensed to do so by the Secretary of
22		State under the provisions of this Section.
23		(b) An application for a used vehicle dealer's license
24		shall be filed with the Secretary of State, duly verified by
25		oath, in such form as the Secretary of State may by rule or

HB4137 Engrossed - 734 - LRB099 07987 AMC 28127 b
1		regulation prescribe and shall contain:
2		1. The name and type of business organization
3		established and additional places of business, if any, in
4		this State.
5		2. If the applicant is a corporation, a list of its
6		officers, directors, and shareholders having a ten percent
7		or greater ownership interest in the corporation, setting
8		forth the residence address of each; if the applicant is a
9		sole proprietorship, a partnership, an unincorporated
10		association, a trust, or any similar form of business
11		organization, the names and residence address of the
12		proprietor or of each partner, member, officer, director,
13		trustee or manager.
14		3. A statement that the applicant has been approved for
15		registration under the Retailers' Occupation Tax Act by the
16		Department of Revenue. However, this requirement does not
17		apply to a dealer who is already licensed hereunder with
18		the Secretary of State, and who is merely applying for a
19		renewal of his license. As evidence of this fact, the
20		application shall be accompanied by a certification from
21		the Department of Revenue showing that the Department has
22		approved the applicant for registration under the
23		Retailers' Occupation Tax Act.
24		4. A statement that the applicant has complied with the
25		appropriate liability insurance requirement. A Certificate
26		of Insurance in a solvent company authorized to do business

HB4137 Engrossed - 735 - LRB099 07987 AMC 28127 b
1		in the State of Illinois shall be included with each
2		application covering each location at which he proposes to
3		act as a used vehicle dealer. The policy must provide
4		liability coverage in the minimum amounts of $100,000 for
5		bodily injury to, or death of, any person, $300,000 for
6		bodily injury to, or death of, two or more persons in any
7		one accident, and $50,000 for damage to property. Such
8		policy shall expire not sooner than December 31 of the year
9		for which the license was issued or renewed. The expiration
10		of the insurance policy shall not terminate the liability
11		under the policy arising during the period for which the
12		policy was filed. Trailer and mobile home dealers are
13		exempt from this requirement.
14		If the permitted user has a liability insurance policy
15		that provides automobile liability insurance coverage of
16		at least $100,000 for bodily injury to or the death of any
17		person, $300,000 for bodily injury to or the death of any 2
18		or more persons in any one accident, and $50,000 for damage
19		to property, then the permitted user's insurer shall be the
20		primary insurer and the dealer's insurer shall be the
21		secondary insurer. If the permitted user does not have a
22		liability insurance policy that provides automobile
23		liability insurance coverage of at least $100,000 for
24		bodily injury to or the death of any person, $300,000 for
25		bodily injury to or the death of any 2 or more persons in
26		any one accident, and $50,000 for damage to property, or

HB4137 Engrossed - 736 - LRB099 07987 AMC 28127 b
1		does not have any insurance at all, then the dealer's
2		insurer shall be the primary insurer and the permitted
3		user's insurer shall be the secondary insurer.
4		When a permitted user is "test driving" a used vehicle
5		dealer's automobile, the used vehicle dealer's insurance
6		shall be primary and the permitted user's insurance shall
7		be secondary.
8		As used in this paragraph 4, a "permitted user" is a
9		person who, with the permission of the used vehicle dealer
10		or an employee of the used vehicle dealer, drives a vehicle
11		owned and held for sale or lease by the used vehicle dealer
12		which the person is considering to purchase or lease, in
13		order to evaluate the performance, reliability, or
14		condition of the vehicle. The term "permitted user" also
15		includes a person who, with the permission of the used
16		vehicle dealer, drives a vehicle owned or held for sale or
17		lease by the used vehicle dealer for loaner purposes while
18		the user's vehicle is being repaired or evaluated.
19		As used in this paragraph 4, "test driving" occurs when
20		a permitted user who, with the permission of the used
21		vehicle dealer or an employee of the used vehicle dealer,
22		drives a vehicle owned and held for sale or lease by a used
23		vehicle dealer that the person is considering to purchase
24		or lease, in order to evaluate the performance,
25		reliability, or condition of the vehicle.
26		As used in this paragraph 4, "loaner purposes" means

HB4137 Engrossed - 737 - LRB099 07987 AMC 28127 b
1		when a person who, with the permission of the used vehicle
2		dealer, drives a vehicle owned or held for sale or lease by
3		the used vehicle dealer while the user's vehicle is being
4		repaired or evaluated.
5		5. An application for a used vehicle dealer's license
6		shall be accompanied by the following license fees:
7		(A) $1,000 for applicant's established place of
8		business, and $50 for each additional place of
9		business, if any, to which the application pertains;
10		however, if the application is made after June 15 of
11		any year, the license fee shall be $500 for applicant's
12		established place of business plus $25 for each
13		additional place of business, if any, to which the
14		application pertains. License fees shall be returnable
15		only in the event that the application is denied by the
16		Secretary of State. Of the money received by the
17		Secretary of State as license fees under this
18		subparagraph (A) for the 2004 licensing year and
19		thereafter, 95% shall be deposited into the General
20		Revenue Fund.
21		(B) Except for dealers selling 25 or fewer
22		automobiles or as provided in subsection (h) of Section
23		5-102.7 of this Code, an Annual Dealer Recovery Fund
24		Fee in the amount of $500 for the applicant's
25		established place of business, and $50 for each
26		additional place of business, if any, to which the

HB4137 Engrossed - 738 - LRB099 07987 AMC 28127 b
1		application pertains; but if the application is made
2		after June 15 of any year, the fee shall be $250 for
3		the applicant's established place of business plus $25
4		for each additional place of business, if any, to which
5		the application pertains. For a license renewal
6		application, the fee shall be based on the amount of
7		automobiles sold in the past year according to the
8		following formula:
9		(1) $0 for dealers selling 25 or less
10		automobiles;
11		(2) $150 for dealers selling more than 25 but
12		less than 200 automobiles;
13		(3) $300 for dealers selling 200 or more
14		automobiles but less than 300 automobiles; and
15		(4) $500 for dealers selling 300 or more
16		automobiles.
17		License fees shall be returnable only in the event
18		that the application is denied by the Secretary of
19		State. Moneys received under this subparagraph (B)
20		shall be deposited into the Dealer Recovery Trust Fund.
21		6. A statement that the applicant's officers,
22		directors, shareholders having a 10% or greater ownership
23		interest therein, proprietor, partner, member, officer,
24		director, trustee, manager or other principals in the
25		business have not committed in the past 3 years any one
26		violation as determined in any civil, criminal or

HB4137 Engrossed - 739 - LRB099 07987 AMC 28127 b
1		administrative proceedings of any one of the following
2		Acts:
3		(A) The Anti-Theft Anti Theft Laws of the Illinois
4		Vehicle Code;
5		(B) The Certificate of Title Laws of the Illinois
6		Vehicle Code;
7		(C) The Offenses against Registration and
8		Certificates of Title Laws of the Illinois Vehicle
9		Code;
10		(D) The Dealers, Transporters, Wreckers and
11		Rebuilders Laws of the Illinois Vehicle Code;
12		(E) Section 21-2 of the Illinois Criminal Code of
13		1961 or the Criminal Code of 2012, Criminal Trespass to
14		Vehicles; or
15		(F) The Retailers' Occupation Tax Act.
16		7. A statement that the applicant's officers,
17		directors, shareholders having a 10% or greater ownership
18		interest therein, proprietor, partner, member, officer,
19		director, trustee, manager or other principals in the
20		business have not committed in any calendar year 3 or more
21		violations, as determined in any civil or criminal or
22		administrative proceedings, of any one or more of the
23		following Acts:
24		(A) The Consumer Finance Act;
25		(B) The Consumer Installment Loan Act;
26		(C) The Retail Installment Sales Act;

HB4137 Engrossed - 740 - LRB099 07987 AMC 28127 b
1		(D) The Motor Vehicle Retail Installment Sales
2		Act;
3		(E) The Interest Act;
4		(F) The Illinois Wage Assignment Act;
5		(G) Part 8 of Article XII of the Code of Civil
6		Procedure; or
7		(H) The Consumer Fraud Act.
8		8. A bond or Certificate of Deposit in the amount of
9		$20,000 for each location at which the applicant intends to
10		act as a used vehicle dealer. The bond shall be for the
11		term of the license, or its renewal, for which application
12		is made, and shall expire not sooner than December 31 of
13		the year for which the license was issued or renewed. The
14		bond shall run to the People of the State of Illinois, with
15		surety by a bonding or insurance company authorized to do
16		business in this State. It shall be conditioned upon the
17		proper transmittal of all title and registration fees and
18		taxes (excluding taxes under the Retailers' Occupation Tax
19		Act) accepted by the applicant as a used vehicle dealer.
20		9. Such other information concerning the business of
21		the applicant as the Secretary of State may by rule or
22		regulation prescribe.
23		10. A statement that the applicant understands Chapter
24		1 through Chapter 5 of this Code.
25		11. A copy of the certification from the prelicensing
26		education program.

HB4137 Engrossed - 741 - LRB099 07987 AMC 28127 b
1		(c) Any change which renders no longer accurate any
2		information contained in any application for a used vehicle
3		dealer's license shall be amended within 30 days after the
4		occurrence of each change on such form as the Secretary of
5		State may prescribe by rule or regulation, accompanied by an
6		amendatory fee of $2.
7		(d) Anything in this Chapter to the contrary
8		notwithstanding, no person shall be licensed as a used vehicle
9		dealer unless such person maintains an established place of
10		business as defined in this Chapter.
11		(e) The Secretary of State shall, within a reasonable time
12		after receipt, examine an application submitted to him under
13		this Section. Unless the Secretary makes a determination that
14		the application submitted to him does not conform to this
15		Section or that grounds exist for a denial of the application
16		under Section 5-501 of this Chapter, he must grant the
17		applicant an original used vehicle dealer's license in writing
18		for his established place of business and a supplemental
19		license in writing for each additional place of business in
20		such form as he may prescribe by rule or regulation which shall
21		include the following:
22		1. The name of the person licensed;
23		2. If a corporation, the name and address of its
24		officers or if a sole proprietorship, a partnership, an
25		unincorporated association or any similar form of business
26		organization, the name and address of the proprietor or of

HB4137 Engrossed - 742 - LRB099 07987 AMC 28127 b
1		each partner, member, officer, director, trustee or
2		manager;
3		3. In case of an original license, the established
4		place of business of the licensee;
5		4. In the case of a supplemental license, the
6		established place of business of the licensee and the
7		additional place of business to which such supplemental
8		license pertains.
9		(f) The appropriate instrument evidencing the license or a
10		certified copy thereof, provided by the Secretary of State
11		shall be kept posted, conspicuously, in the established place
12		of business of the licensee and in each additional place of
13		business, if any, maintained by such licensee.
14		(g) Except as provided in subsection (h) of this Section,
15		all used vehicle dealer's licenses granted under this Section
16		expire by operation of law on December 31 of the calendar year
17		for which they are granted unless sooner revoked or cancelled
18		under Section 5-501 of this Chapter.
19		(h) A used vehicle dealer's license may be renewed upon
20		application and payment of the fee required herein, and
21		submission of proof of coverage by an approved bond under the
22		"Retailers' Occupation Tax Act" or proof that applicant is not
23		subject to such bonding requirements, as in the case of an
24		original license, but in case an application for the renewal of
25		an effective license is made during the month of December, the
26		effective license shall remain in force until the application

HB4137 Engrossed - 743 - LRB099 07987 AMC 28127 b
1		for renewal is granted or denied by the Secretary of State.
2		(i) All persons licensed as a used vehicle dealer are
3		required to furnish each purchaser of a motor vehicle:
4		1. A certificate of title properly assigned to the
5		purchaser;
6		2. A statement verified under oath that all identifying
7		numbers on the vehicle agree with those on the certificate
8		of title;
9		3. A bill of sale properly executed on behalf of such
10		person;
11		4. A copy of the Uniform Invoice-transaction reporting
12		return referred to in Section 5-402 of this Chapter;
13		5. In the case of a rebuilt vehicle, a copy of the
14		Disclosure of Rebuilt Vehicle Status; and
15		6. In the case of a vehicle for which the warranty has
16		been reinstated, a copy of the warranty.
17		(j) A real estate broker holding a valid certificate of
18		registration issued pursuant to "The Real Estate Brokers and
19		Salesmen License Act" may engage in the business of selling or
20		dealing in house trailers not his own without being licensed as
21		a used vehicle dealer under this Section; however such broker
22		shall maintain a record of the transaction including the
23		following:
24		(1) the name and address of the buyer and seller,
25		(2) the date of sale,
26		(3) a description of the mobile home, including the

HB4137 Engrossed - 744 - LRB099 07987 AMC 28127 b
1		vehicle identification number, make, model, and year, and
2		(4) the Illinois certificate of title number.
3		The foregoing records shall be available for inspection by
4		any officer of the Secretary of State's Office at any
5		reasonable hour.
6		(k) Except at the time of sale or repossession of the
7		vehicle, no person licensed as a used vehicle dealer may issue
8		any other person a newly created key to a vehicle unless the
9		used vehicle dealer makes a copy of the driver's license or
10		State identification card of the person requesting or obtaining
11		the newly created key. The used vehicle dealer must retain the
12		copy for 30 days.
13		A used vehicle dealer who violates this subsection (k) is
14		guilty of a petty offense. Violation of this subsection (k) is
15		not cause to suspend, revoke, cancel, or deny renewal of the
16		used vehicle dealer's license.
17		(l) Used vehicle dealers licensed under this Section shall
18		provide the Secretary of State a register for the sale at
19		auction of each salvage or junk certificate vehicle. Each
20		register shall include the following information:
21		1. The year, make, model, style and color of the
22		vehicle;
23		2. The vehicle's manufacturer's identification number
24		or, if applicable, the Secretary of State or Illinois
25		Department of State Police identification number;
26		3. The date of acquisition of the vehicle;

HB4137 Engrossed - 745 - LRB099 07987 AMC 28127 b
1		4. The name and address of the person from whom the
2		vehicle was acquired;
3		5. The name and address of the person to whom any
4		vehicle was disposed, the person's Illinois license number
5		or if the person is an out-of-state salvage vehicle buyer,
6		the license number from the state or jurisdiction where the
7		buyer is licensed; and
8		6. The purchase price of the vehicle.
9		The register shall be submitted to the Secretary of State
10		via written or electronic means within 10 calendar days from
11		the date of the auction.
12		(Source: P.A. 97-480, eff. 10-1-11; 97-1150, eff. 1-25-13;
13		98-450, eff. 1-1-14; revised 12-10-14.)
14		(625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
15		Sec. 6-113. Restricted licenses and permits.
16		(a) The Secretary of State upon issuing a drivers license
17		or permit shall have the authority whenever good cause appears
18		to impose restrictions suitable to the licensee's driving
19		ability with respect to the type of, or special mechanical
20		control devices required on, a motor vehicle which the licensee
21		may operate or such other restrictions applicable to the
22		licensee as the Secretary of State may determine to be
23		appropriate to assure the safe operation of a motor vehicle by
24		the licensee.
25		(b) The Secretary of State may either issue a special

HB4137 Engrossed - 746 - LRB099 07987 AMC 28127 b
1		restricted license or permit or may set forth such restrictions
2		upon the usual license or permit form.
3		(c) The Secretary of State may issue a probationary license
4		to a person whose driving privileges have been suspended
5		pursuant to subsection (d) of this Section or subsection (a)(2)
6		of Section 6-206 of this Code. This subsection (c) does not
7		apply to any driver required to possess a CDL for the purpose
8		of operating a commercial motor vehicle. The Secretary of State
9		shall promulgate rules pursuant to the Illinois Administrative
10		Procedure Act, setting forth the conditions and criteria for
11		the issuance and cancellation of probationary licenses.
12		(d) The Secretary of State may upon receiving satisfactory
13		evidence of any violation of the restrictions of such license
14		or permit suspend, revoke or cancel the same without
15		preliminary hearing, but the licensee or permittee shall be
16		entitled to a hearing as in the case of a suspension or
17		revocation.
18		(e) It is unlawful for any person to operate a motor
19		vehicle in any manner in violation of the restrictions imposed
20		on a restricted license or permit issued to him.
21		(f) Whenever the holder of a restricted driving permit is
22		issued a citation for any of the following offenses including
23		similar local ordinances, the restricted driving permit is
24		immediately invalidated:
25		1. Reckless homicide resulting from the operation of a
26		motor vehicle;

HB4137 Engrossed - 747 - LRB099 07987 AMC 28127 b
1		2. Violation of Section 11-501 of this Act relating to
2		the operation of a motor vehicle while under the influence
3		of intoxicating liquor or narcotic drugs;
4		3. Violation of Section 11-401 of this Act relating to
5		the offense of leaving the scene of a traffic accident
6		involving death or injury;
7		4. Violation of Section 11-504 of this Act relating to
8		the offense of drag racing; or
9		5. Violation of Section 11-506 of this Act relating to
10		the offense of street racing.
11		The police officer issuing the citation shall confiscate
12		the restricted driving permit and forward it, along with the
13		citation, to the Clerk of the Circuit Court of the county in
14		which the citation was issued.
15		(g) The Secretary of State may issue a special restricted
16		license for a period of 48 months to individuals using vision
17		aid arrangements other than standard eyeglasses or contact
18		lenses, allowing the operation of a motor vehicle during
19		nighttime hours. The Secretary of State shall adopt rules
20		defining the terms and conditions by which the individual may
21		obtain and renew this special restricted license. At a minimum,
22		all drivers must meet the following requirements:
23		1. Possess a valid driver's license and have operated a
24		motor vehicle during daylight hours for a period of 12
25		months using vision aid arrangements other than standard
26		eyeglasses or contact lenses.

HB4137 Engrossed - 748 - LRB099 07987 AMC 28127 b
1		2. Have a driving record that does not include any
2		traffic accidents that occurred during nighttime hours,
3		for which the driver has been found to be at fault, during
4		the 12 months before he or she applied for the special
5		restricted license.
6		3. Successfully complete a road test administered
7		during nighttime hours.
8		The special restricted license holder must submit to the
9		Secretary annually a vision specialist report from his or her
10		ophthalmologist or optometrist that the special restricted
11		license holder's vision has not changed. If the special
12		restricted license holder fails to submit this vision
13		specialist report, the special restricted license shall be
14		cancelled under Section 6-201 of this Code.
15		At a minimum, all drivers renewing this license must meet
16		the following requirements:
17		1. Successfully complete a road test administered
18		during nighttime hours.
19		2. Have a driving record that does not include any
20		traffic accidents that occurred during nighttime hours,
21		for which the driver has been found to be at fault, during
22		the 12 months before he or she applied for the special
23		restricted license.
24		(h) Any driver issued a special restricted license as
25		defined in subsection (g) whose privilege to drive during
26		nighttime hours has been suspended due to an accident occurring

HB4137 Engrossed - 749 - LRB099 07987 AMC 28127 b
1		during nighttime hours may request a hearing as provided in
2		Section 2-118 of this Code to contest that suspension. If it is
3		determined that the accident for which the driver was at fault
4		was not influenced by the driver's use of vision aid
5		arrangements other than standard eyeglasses or contact lenses,
6		the Secretary may reinstate that driver's privilege to drive
7		during nighttime hours.
8		(i) The Secretary of State may issue a special restricted
9		training permit for a period of 6 months to individuals using
10		vision aid arrangements other than standard eyeglasses or
11		contact lenses, allowing the operation of a motor vehicle
12		between sunset and 10:00 p.m. provided the driver is
13		accompanied by a person holding a valid driver's license
14		without nighttime operation restrictions. The Secretary may
15		adopt rules defining the terms and conditions by which the
16		individual may obtain and renew this special restricted
17		training permit. At a minimum, all persons applying for a
18		special restricted training permit must meet the following
19		requirements:
20		1. Possess a valid driver's license and have operated a
21		motor vehicle during daylight hours for a period of 6
22		months using vision aid arrangements other than standard
23		eyeglasses or contact lenses.
24		2. Have a driving record that does not include any
25		traffic accidents, for which the person has been found to
26		be at fault, during the 6 months before he or she applied

HB4137 Engrossed - 750 - LRB099 07987 AMC 28127 b
1		for the special restricted training permit.
2		(Source: P.A. 97-229, eff. 7-28-11; 98-746, eff. 1-1-15;
3		98-747, eff. 1-1-15; revised 10-2-14.)
4		(625 ILCS 5/7-311) (from Ch. 95 1/2, par. 7-311)
5		Sec. 7-311. Payments sufficient to satisfy requirements.
6		(a) Judgments herein referred to arising out of motor
7		vehicle accidents occurring on or after January 1, 2015 (the
8		effective date of Public 98-519) this amendatory Act of the
9		98th General Assembly, shall for the purpose of this Chapter be
10		deemed satisfied:
11		1. When $25,000 has been credited upon any judgment or
12		judgments rendered in excess of that amount for bodily
13		injury to or the death of one person as the result of any
14		one motor vehicle accident; or
15		2. When, subject to said limit of $25,000 as to any one
16		person, the sum of $50,000 has been credited upon any
17		judgment or judgments rendered in excess of that amount for
18		bodily injury to or the death of more than one person as
19		the result of any one motor vehicle accident; or
20		3. When $20,000 has been credited upon any judgment or
21		judgments, rendered in excess of that amount for damages to
22		property of others as a result of any one motor vehicle
23		accident.
24		The changes to this subsection made by Public Act 98-519
25		this amendatory Act of the 98th General Assembly apply only to

HB4137 Engrossed - 751 - LRB099 07987 AMC 28127 b
1		policies issued or renewed on or after January 1, 2015.
2		(b) Credit for such amounts shall be deemed a satisfaction
3		of any such judgment or judgments in excess of said amounts
4		only for the purposes of this Chapter.
5		(c) Whenever payment has been made in settlement of any
6		claim for bodily injury, death or property damage arising from
7		a motor vehicle accident resulting in injury, death or property
8		damage to two or more persons in such accident, any such
9		payment shall be credited in reduction of the amounts provided
10		for in this Section.
11		(Source: P.A. 98-519, eff. 1-1-15; revised 12-10-14.)
12		(625 ILCS 5/Ch. 11 Art. V heading)
13		ARTICLE V. DRIVING WHILE UNDER THE INFLUENCE INTOXICATED ,
14		TRANSPORTING ALCOHOLIC LIQUOR,
15		AND RECKLESS DRIVING
16		(625 ILCS 5/11-601) (from Ch. 95 1/2, par. 11-601)
17		Sec. 11-601. General speed restrictions.
18		(a) No vehicle may be driven upon any highway of this State
19		at a speed which is greater than is reasonable and proper with
20		regard to traffic conditions and the use of the highway, or
21		endangers the safety of any person or property. The fact that
22		the speed of a vehicle does not exceed the applicable maximum
23		speed limit does not relieve the driver from the duty to
24		decrease speed when approaching and crossing an intersection,

HB4137 Engrossed - 752 - LRB099 07987 AMC 28127 b
1		approaching and going around a curve, when approaching a hill
2		crest, when traveling upon any narrow or winding roadway, or
3		when special hazard exists with respect to pedestrians or other
4		traffic or by reason of weather or highway conditions. Speed
5		must be decreased as may be necessary to avoid colliding with
6		any person or vehicle on or entering the highway in compliance
7		with legal requirements and the duty of all persons to use due
8		care.
9		(a-5) For purposes of this Section, "urban district" does
10		not include any interstate highway as defined by Section
11		1-133.1 of this Code which includes all highways under the
12		jurisdiction of the Illinois State Toll Highway Authority.
13		(b) No person may drive a vehicle upon any highway of this
14		State at a speed which is greater than the applicable statutory
15		maximum speed limit established by paragraphs (c), (d), (e),
16		(f) or (g) of this Section, by Section 11-605 or by a
17		regulation or ordinance made under this Chapter.
18		(c) Unless some other speed restriction is established
19		under this Chapter, the maximum speed limit in an urban
20		district for all vehicles is:
21		1. 30 miles per hour; and
22		2. 15 miles per hour in an alley.
23		(d) Unless some other speed restriction is established
24		under this Chapter, the maximum speed limit outside an urban
25		district for any vehicle is (1) 65 miles per hour for all or
26		part of highways that are designated by the Department, have at

HB4137 Engrossed - 753 - LRB099 07987 AMC 28127 b
1		least 4 lanes of traffic, and have a separation between the
2		roadways moving in opposite directions and (2) 55 miles per
3		hour for all other highways, roads, and streets.
4		(d-1) Unless some other speed restriction is established
5		under this Chapter, the maximum speed limit outside an urban
6		district for any vehicle is (1) 70 miles per hour on any
7		interstate highway as defined by Section 1-133.1 of this Code
8		which includes all highways under the jurisdiction of the
9		Illinois State Toll Highway Authority; (2) 65 miles per hour
10		for all or part of highways that are designated by the
11		Department, have at least 4 lanes of traffic, and have a
12		separation between the roadways moving in opposite directions;
13		and (3) 55 miles per hour for all other highways, roads, and
14		streets. The counties of Cook, DuPage, Kane, Lake, Madison,
15		McHenry, St. Clair, and Will may adopt ordinances setting a
16		maximum speed limit on highways, roads, and streets that is
17		lower than the limits established by this Section.
18		(e) In the counties of Cook, DuPage, Kane, Lake, McHenry,
19		and Will, unless some lesser speed restriction is established
20		under this Chapter, the maximum speed limit outside an urban
21		district for a second division vehicle designed or used for the
22		carrying of a gross weight of 8,001 pounds or more (including
23		the weight of the vehicle and maximum load) is 60 miles per
24		hour on any interstate highway as defined by Section 1-133.1 of
25		this Code and 55 miles per hour on all other highways, roads,
26		and streets.

HB4137 Engrossed - 754 - LRB099 07987 AMC 28127 b
1		(e-1) (Blank).
2		(f) Unless some other speed restriction is established
3		under this Chapter, the maximum speed limit outside an urban
4		district for a bus is:
5		1. 65 miles per hour upon any highway which has at
6		least 4 lanes of traffic and of which the roadways for
7		traffic moving in opposite directions are separated by a
8		strip of ground which is not surfaced or suitable for
9		vehicular traffic, except that the maximum speed limit for
10		a bus on all highways, roads, or streets not under the
11		jurisdiction of the Department or the Illinois State Toll
12		Highway Authority is 55 miles per hour;
13		1.5. 70 miles per hour upon any interstate highway as
14		defined by Section 1-133.1 of this Code outside the
15		counties of Cook, DuPage, Kane, Lake, McHenry, and Will;
16		and
17		2. 55 miles per hour on any other highway.
18		(g) (Blank).
19		(Source: P.A. 97-202, eff. 1-1-12; 98-511, eff. 1-1-14;
20		98-1126, eff. 1-1-15; 98-1128, eff. 1-1-15; revised 12-10-14.)
21		(625 ILCS 5/11-709.2)
22		Sec. 11-709.2. Bus on shoulder program.
23		(a) The use of specifically designated shoulders of
24		roadways by transit buses may be authorized by the Department
25		in cooperation with the Regional Transportation Authority and

HB4137 Engrossed - 755 - LRB099 07987 AMC 28127 b
1		the Suburban Bus Division of the Regional Transportation
2		Authority. The Department shall prescribe by rule which transit
3		buses are authorized to operate on shoulders, as well as times
4		and locations. The Department may erect signage to indicate
5		times and locations of designated shoulder usage.
6		(b) (Blank).
7		(c) (Blank) Transportation.
8		(Source: P.A. 97-292, eff. 8-11-11; 98-756, eff. 7-16-14;
9		98-871, eff. 8-11-14; revised 10-1-147.)
10		(625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
11		Sec. 12-215. Oscillating, rotating or flashing lights on
12		motor vehicles. Except as otherwise provided in this Code:
13		(a) The use of red or white oscillating, rotating or
14		flashing lights, whether lighted or unlighted, is prohibited
15		except on:
16		1. Law enforcement vehicles of State, Federal or local
17		authorities;
18		2. A vehicle operated by a police officer or county
19		coroner and designated or authorized by local authorities,
20		in writing, as a law enforcement vehicle; however, such
21		designation or authorization must be carried in the
22		vehicle;
23		2.1. A vehicle operated by a fire chief who has
24		completed an emergency vehicle operation training course
25		approved by the Office of the State Fire Marshal and

HB4137 Engrossed - 756 - LRB099 07987 AMC 28127 b
1		designated or authorized by local authorities, in writing,
2		as a fire department, fire protection district, or township
3		fire department vehicle; however, the designation or
4		authorization must be carried in the vehicle, and the
5		lights may be visible or activated only when responding to
6		a bona fide emergency;
7		3. Vehicles of local fire departments and State or
8		federal firefighting vehicles;
9		4. Vehicles which are designed and used exclusively as
10		ambulances or rescue vehicles; furthermore, such lights
11		shall not be lighted except when responding to an emergency
12		call for and while actually conveying the sick or injured;
13		5. Tow trucks licensed in a state that requires such
14		lights; furthermore, such lights shall not be lighted on
15		any such tow truck while the tow truck is operating in the
16		State of Illinois;
17		6. Vehicles of the Illinois Emergency Management
18		Agency, vehicles of the Office of the Illinois State Fire
19		Marshal, vehicles of the Illinois Department of Public
20		Health, vehicles of the Illinois Department of
21		Corrections, and vehicles of the Illinois Department of
22		Juvenile Justice;
23		7. Vehicles operated by a local or county emergency
24		management services agency as defined in the Illinois
25		Emergency Management Agency Act;
26		8. School buses operating alternately flashing head

HB4137 Engrossed - 757 - LRB099 07987 AMC 28127 b
1		lamps as permitted under Section 12-805 of this Code;
2		9. Vehicles that are equipped and used exclusively as
3		organ transplant vehicles when used in combination with
4		blue oscillating, rotating, or flashing lights;
5		furthermore, these lights shall be lighted only when the
6		transportation is declared an emergency by a member of the
7		transplant team or a representative of the organ
8		procurement organization;
9		10. Vehicles of the Illinois Department of Natural
10		Resources that are used for mine rescue and explosives
11		emergency response; and
12		11. Vehicles of the Illinois Department of
13		Transportation identified as Emergency Traffic Patrol; the
14		lights shall not be lighted except when responding to an
15		emergency call or when parked or stationary while engaged
16		in motor vehicle assistance or at the scene of the
17		emergency; and
18		12. Vehicles of the Illinois State Toll Highway
19		Authority identified as Highway Emergency Lane Patrol; the
20		lights shall not be lighted except when responding to an
21		emergency call or when parked or stationary while engaged
22		in motor vehicle assistance or at the scene of the
23		emergency.
24		(b) The use of amber oscillating, rotating or flashing
25		lights, whether lighted or unlighted, is prohibited except on:
26		1. Second division vehicles designed and used for

HB4137 Engrossed - 758 - LRB099 07987 AMC 28127 b
1		towing or hoisting vehicles; furthermore, such lights
2		shall not be lighted except as required in this paragraph
3		1; such lights shall be lighted when such vehicles are
4		actually being used at the scene of an accident or
5		disablement; if the towing vehicle is equipped with a flat
6		bed that supports all wheels of the vehicle being
7		transported, the lights shall not be lighted while the
8		vehicle is engaged in towing on a highway; if the towing
9		vehicle is not equipped with a flat bed that supports all
10		wheels of a vehicle being transported, the lights shall be
11		lighted while the towing vehicle is engaged in towing on a
12		highway during all times when the use of headlights is
13		required under Section 12-201 of this Code; in addition,
14		these vehicles may use white oscillating, rotating, or
15		flashing lights in combination with amber oscillating,
16		rotating, or flashing lights as provided in this paragraph;
17		2. Motor vehicles or equipment of the State of
18		Illinois, the Illinois State Toll Highway Authority, local
19		authorities and contractors; furthermore, such lights
20		shall not be lighted except while such vehicles are engaged
21		in maintenance or construction operations within the
22		limits of construction projects;
23		3. Vehicles or equipment used by engineering or survey
24		crews; furthermore, such lights shall not be lighted except
25		while such vehicles are actually engaged in work on a
26		highway;

HB4137 Engrossed - 759 - LRB099 07987 AMC 28127 b
1		4. Vehicles of public utilities, municipalities, or
2		other construction, maintenance or automotive service
3		vehicles except that such lights shall be lighted only as a
4		means for indicating the presence of a vehicular traffic
5		hazard requiring unusual care in approaching, overtaking
6		or passing while such vehicles are engaged in maintenance,
7		service or construction on a highway;
8		5. Oversized vehicle or load; however, such lights
9		shall only be lighted when moving under permit issued by
10		the Department under Section 15-301 of this Code;
11		6. The front and rear of motorized equipment owned and
12		operated by the State of Illinois or any political
13		subdivision thereof, which is designed and used for removal
14		of snow and ice from highways;
15		6.1. The front and rear of motorized equipment or
16		vehicles that (i) are not owned by the State of Illinois or
17		any political subdivision of the State, (ii) are designed
18		and used for removal of snow and ice from highways and
19		parking lots, and (iii) are equipped with a snow plow that
20		is 12 feet in width; these lights may not be lighted except
21		when the motorized equipment or vehicle is actually being
22		used for those purposes on behalf of a unit of government;
23		7. Fleet safety vehicles registered in another state,
24		furthermore, such lights shall not be lighted except as
25		provided for in Section 12-212 of this Code;
26		8. Such other vehicles as may be authorized by local

HB4137 Engrossed - 760 - LRB099 07987 AMC 28127 b
1		authorities;
2		9. Law enforcement vehicles of State or local
3		authorities when used in combination with red oscillating,
4		rotating or flashing lights;
5		9.5. Propane delivery trucks;
6		10. Vehicles used for collecting or delivering mail for
7		the United States Postal Service provided that such lights
8		shall not be lighted except when such vehicles are actually
9		being used for such purposes;
10		10.5. Vehicles of the Office of the Illinois State Fire
11		Marshal, provided that such lights shall not be lighted
12		except for when such vehicles are engaged in work for the
13		Office of the Illinois State Fire Marshal;
14		11. Any vehicle displaying a slow-moving vehicle
15		emblem as provided in Section 12-205.1;
16		12. All trucks equipped with self-compactors or
17		roll-off hoists and roll-on containers for garbage or
18		refuse hauling. Such lights shall not be lighted except
19		when such vehicles are actually being used for such
20		purposes;
21		13. Vehicles used by a security company, alarm
22		responder, control agency, or the Illinois Department of
23		Corrections;
24		14. Security vehicles of the Department of Human
25		Services; however, the lights shall not be lighted except
26		when being used for security related purposes under the

HB4137 Engrossed - 761 - LRB099 07987 AMC 28127 b
1		direction of the superintendent of the facility where the
2		vehicle is located; and
3		15. Vehicles of union representatives, except that the
4		lights shall be lighted only while the vehicle is within
5		the limits of a construction project.
6		(c) The use of blue oscillating, rotating or flashing
7		lights, whether lighted or unlighted, is prohibited except on:
8		1. Rescue squad vehicles not owned by a fire department
9		and vehicles owned or operated by a:
10		voluntary firefighter;
11		paid firefighter;
12		part-paid firefighter;
13		call firefighter;
14		member of the board of trustees of a fire
15		protection district;
16		paid or unpaid member of a rescue squad;
17		paid or unpaid member of a voluntary ambulance
18		unit; or
19		paid or unpaid members of a local or county
20		emergency management services agency as defined in the
21		Illinois Emergency Management Agency Act, designated
22		or authorized by local authorities, in writing, and
23		carrying that designation or authorization in the
24		vehicle.
25		However, such lights are not to be lighted except when
26		responding to a bona fide emergency or when parked or

HB4137 Engrossed - 762 - LRB099 07987 AMC 28127 b
1		stationary at the scene of a fire, rescue call, ambulance
2		call, or motor vehicle accident.
3		Any person using these lights in accordance with this
4		subdivision (c)1 must carry on his or her person an
5		identification card or letter identifying the bona fide
6		member of a fire department, fire protection district,
7		rescue squad, ambulance unit, or emergency management
8		services agency that owns or operates that vehicle. The
9		card or letter must include:
10		(A) the name of the fire department, fire
11		protection district, rescue squad, ambulance unit, or
12		emergency management services agency;
13		(B) the member's position within the fire
14		department, fire protection district, rescue squad,
15		ambulance unit, or emergency management services
16		agency;
17		(C) the member's term of service; and
18		(D) the name of a person within the fire
19		department, fire protection district, rescue squad,
20		ambulance unit, or emergency management services
21		agency to contact to verify the information provided.
22		2. Police department vehicles in cities having a
23		population of 500,000 or more inhabitants.
24		3. Law enforcement vehicles of State or local
25		authorities when used in combination with red oscillating,
26		rotating or flashing lights.

HB4137 Engrossed - 763 - LRB099 07987 AMC 28127 b
1		4. Vehicles of local fire departments and State or
2		federal firefighting vehicles when used in combination
3		with red oscillating, rotating or flashing lights.
4		5. Vehicles which are designed and used exclusively as
5		ambulances or rescue vehicles when used in combination with
6		red oscillating, rotating or flashing lights; furthermore,
7		such lights shall not be lighted except when responding to
8		an emergency call.
9		6. Vehicles that are equipped and used exclusively as
10		organ transport vehicles when used in combination with red
11		oscillating, rotating, or flashing lights; furthermore,
12		these lights shall only be lighted when the transportation
13		is declared an emergency by a member of the transplant team
14		or a representative of the organ procurement organization.
15		7. Vehicles of the Illinois Emergency Management
16		Agency, vehicles of the Office of the Illinois State Fire
17		Marshal, vehicles of the Illinois Department of Public
18		Health, vehicles of the Illinois Department of
19		Corrections, and vehicles of the Illinois Department of
20		Juvenile Justice, when used in combination with red
21		oscillating, rotating, or flashing lights.
22		8. Vehicles operated by a local or county emergency
23		management services agency as defined in the Illinois
24		Emergency Management Agency Act, when used in combination
25		with red oscillating, rotating, or flashing lights.
26		9. Vehicles of the Illinois Department of Natural

HB4137 Engrossed - 764 - LRB099 07987 AMC 28127 b
1		Resources that are used for mine rescue and explosives
2		emergency response, when used in combination with red
3		oscillating, rotating, or flashing lights.
4		(c-1) In addition to the blue oscillating, rotating, or
5		flashing lights permitted under subsection (c), and
6		notwithstanding subsection (a), a vehicle operated by a
7		voluntary firefighter, a voluntary member of a rescue squad, or
8		a member of a voluntary ambulance unit may be equipped with
9		flashing white headlights and blue grill lights, which may be
10		used only in responding to an emergency call or when parked or
11		stationary at the scene of a fire, rescue call, ambulance call,
12		or motor vehicle accident.
13		(c-2) In addition to the blue oscillating, rotating, or
14		flashing lights permitted under subsection (c), and
15		notwithstanding subsection (a), a vehicle operated by a paid or
16		unpaid member of a local or county emergency management
17		services agency as defined in the Illinois Emergency Management
18		Agency Act, may be equipped with white oscillating, rotating,
19		or flashing lights to be used in combination with blue
20		oscillating, rotating, or flashing lights, if authorization by
21		local authorities is in writing and carried in the vehicle.
22		(d) The use of a combination of amber and white
23		oscillating, rotating or flashing lights, whether lighted or
24		unlighted, is prohibited except on second division vehicles
25		designed and used for towing or hoisting vehicles or motor
26		vehicles or equipment of the State of Illinois, local

HB4137 Engrossed - 765 - LRB099 07987 AMC 28127 b
1		authorities, contractors, and union representatives;
2		furthermore, such lights shall not be lighted on second
3		division vehicles designed and used for towing or hoisting
4		vehicles or vehicles of the State of Illinois, local
5		authorities, and contractors except while such vehicles are
6		engaged in a tow operation, highway maintenance, or
7		construction operations within the limits of highway
8		construction projects, and shall not be lighted on the vehicles
9		of union representatives except when those vehicles are within
10		the limits of a construction project.
11		(e) All oscillating, rotating or flashing lights referred
12		to in this Section shall be of sufficient intensity, when
13		illuminated, to be visible at 500 feet in normal sunlight.
14		(f) Nothing in this Section shall prohibit a manufacturer
15		of oscillating, rotating or flashing lights or his
16		representative or authorized vendor from temporarily mounting
17		such lights on a vehicle for demonstration purposes only. If
18		the lights are not covered while the vehicle is operated upon a
19		highway, the vehicle shall display signage indicating that the
20		vehicle is out of service or not an emergency vehicle. The
21		signage shall be displayed on all sides of the vehicle in
22		letters at least 2 inches tall and one-half inch wide. A
23		vehicle authorized to have oscillating, rotating, or flashing
24		lights mounted for demonstration purposes may not activate the
25		lights while the vehicle is operated upon a highway.
26		(g) Any person violating the provisions of subsections (a),

HB4137 Engrossed - 766 - LRB099 07987 AMC 28127 b
1		(b), (c) or (d) of this Section who without lawful authority
2		stops or detains or attempts to stop or detain another person
3		shall be guilty of a Class 2 felony.
4		(h) Except as provided in subsection (g) above, any person
5		violating the provisions of subsections (a) or (c) of this
6		Section shall be guilty of a Class A misdemeanor.
7		(Source: P.A. 97-39, eff. 1-1-12; 97-149, eff. 7-14-11; 97-813,
8		eff. 7-13-12; 97-1173, eff. 1-1-14; 98-80, eff. 7-15-13;
9		98-123, eff. 1-1-14; 98-468, eff. 8-16-13; 98-756, eff.
10		7-16-14; 98-873, eff. 1-1-15; revised 10-6-14.)
11		(625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
12		Sec. 15-111. Wheel and axle loads and gross weights.
13		(a) No vehicle or combination of vehicles with pneumatic
14		tires may be operated, unladen or with load, when the total
15		weight on the road surface exceeds the following: 20,000 pounds
16		on a single axle; 34,000 pounds on a tandem axle with no axle
17		within the tandem exceeding 20,000 pounds; 80,000 pounds gross
18		weight for vehicle combinations of 5 or more axles; or a total
19		weight on a group of 2 or more consecutive axles in excess of
20		that weight produced by the application of the following
21		formula: W = 500 times the sum of (LN divided by N-1) + 12N +
22		36, where "W" equals overall total weight on any group of 2 or
23		more consecutive axles to the nearest 500 pounds, "L" equals
24		the distance measured to the nearest foot between extremes of
25		any group of 2 or more consecutive axles, and "N" equals the

HB4137 Engrossed - 767 - LRB099 07987 AMC 28127 b
1		number of axles in the group under consideration.
2		The above formula when expressed in tabular form results in
3		allowable loads as follows:
4		Distance measured
5		to the nearest
6		foot between the
7		extremes of any Maximum weight in pounds
8		group of 2 or of any group of
9		more consecutive 2 or more consecutive axles
10		axles
11 feet 2 axles 3 axles 4 axles 5 axles 6 axles 12 4 34,000 13 5 34,000 14 6 34,000 15 7 34,000 16 8 38,000* 42,000 17 9 39,000 42,500 18 10 40,000 43,500 19 11 44,000 20 12 45,000 50,000 21 13 45,500 50,500 22 14 46,500 51,500 23 15 47,000 52,000 24 16 48,000 52,500 58,000 25 17 48,500 53,500 58,500

HB4137 Engrossed - 768 - LRB099 07987 AMC 28127 b

1 18 49,500 54,000 59,000 2 19 50,000 54,500 60,000 3 20 51,000 55,500 60,500 66,000 4 21 51,500 56,000 61,000 66,500 5 22 52,500 56,500 61,500 67,000 6 23 53,000 57,500 62,500 68,000 7 24 54,000 58,000 63,000 68,500 8 25 54,500 58,500 63,500 69,000 9 26 55,500 59,500 64,000 69,500 10 27 56,000 60,000 65,000 70,000 11 28 57,000 60,500 65,500 71,000 12 29 57,500 61,500 66,000 71,500 13 30 58,500 62,000 66,500 72,000 14 31 59,000 62,500 67,500 72,500 15 32 60,000 63,500 68,000 73,000 16 33 64,000 68,500 74,000 17 34 64,500 69,000 74,500 18 35 65,500 70,000 75,000 19 36 66,000 70,500 75,500 20 37 66,500 71,000 76,000 21 38 67,500 72,000 77,000 22 39 68,000 72,500 77,500 23 40 68,500 73,000 78,000 24 41 69,500 73,500 78,500 25 42 70,000 74,000 79,000 26 43 70,500 75,000 80,000

HB4137 Engrossed - 769 - LRB099 07987 AMC 28127 b
1 44 71,500 75,500 2 45 72,000 76,000 3 46 72,500 76,500 4 47 73,500 77,500 5 48 74,000 78,000 6 49 74,500 78,500 7 50 75,500 79,000 8 51 76,000 80,000 9 52 76,500 10 53 77,500 11 54 78,000 12 55 78,500 13 56 79,500 14 57 80,000
15		*If the distance between 2 axles is 96 inches or less, the 2
16		axles are tandem axles and the maximum total weight may not
17		exceed 34,000 pounds, notwithstanding the higher limit
18		resulting from the application of the formula.
19		Vehicles not in a combination having more than 4 axles may
20		not exceed the weight in the table in this subsection (a) for 4
21		axles measured between the extreme axles of the vehicle.
22		Vehicles in a combination having more than 6 axles may not
23		exceed the weight in the table in this subsection (a) for 6
24		axles measured between the extreme axles of the combination.
25		Local authorities, with respect to streets and highways
26		under their jurisdiction, without additional fees, may also by

HB4137 Engrossed - 770 - LRB099 07987 AMC 28127 b
1		ordinance or resolution allow the weight limitations of this
2		subsection, provided the maximum gross weight on any one axle
3		shall not exceed 20,000 pounds and the maximum total weight on
4		any tandem axle shall not exceed 34,000 pounds, on designated
5		highways when appropriate regulatory signs giving notice are
6		erected upon the street or highway or portion of any street or
7		highway affected by the ordinance or resolution.
8		The following are exceptions to the above formula:
9		(1) Vehicles for which a different limit is established
10		and posted in accordance with Section 15-316 of this Code.
11		(2) Vehicles for which the Department of
12		Transportation and local authorities issue overweight
13		permits under authority of Section 15-301 of this Code.
14		These vehicles are not subject to the bridge formula.
15		(3) Cities having a population of more than 50,000 may
16		permit by ordinance axle loads on 2-axle 2 axle motor
17		vehicles 33 1/2% above those provided for herein, but the
18		increase shall not become effective until the city has
19		officially notified the Department of the passage of the
20		ordinance and shall not apply to those vehicles when
21		outside of the limits of the city, nor shall the gross
22		weight of any 2-axle 2 axle motor vehicle operating over
23		any street of the city exceed 40,000 pounds.
24		(4) Weight limitations shall not apply to vehicles
25		(including loads) operated by a public utility when
26		transporting equipment required for emergency repair of

HB4137 Engrossed - 771 - LRB099 07987 AMC 28127 b
1		public utility facilities or properties or water wells.
2		(4.5) A 3-axle or 4-axle 3 or 4 axle vehicle (including
3		when laden) operated or hired by a municipality within
4		Cook, Lake, McHenry, Kane, DuPage, or Will county being
5		operated for the purpose of performing emergency sewer
6		repair that would be subject to a weight limitation less
7		than 66,000 pounds under the formula in this subsection (a)
8		shall have a weight limitation of 66,000 pounds or the
9		vehicle's gross vehicle weight rating, whichever is less.
10		This paragraph (4.5) does not apply to vehicles being
11		operated on the National System of Interstate and Defense
12		Highways, or to vehicles being operated on bridges or other
13		elevated structures constituting a part of a highway.
14		(5) Two consecutive sets of tandem axles may carry a
15		total weight of 34,000 pounds each if the overall distance
16		between the first and last axles of the consecutive sets of
17		tandem axles is 36 feet or more, notwithstanding the lower
18		limit resulting from the application of the above formula.
19		(6) A truck, not in combination and used exclusively
20		for the collection of rendering materials, may, when laden,
21		transmit upon the road surface, except when on part of the
22		National System of Interstate and Defense Highways, the
23		following maximum weights: 22,000 pounds on a single axle;
24		40,000 pounds on a tandem axle.
25		(7) A truck not in combination, equipped with a self
26		compactor or an industrial roll-off hoist and roll-off

HB4137 Engrossed - 772 - LRB099 07987 AMC 28127 b
1		container, used exclusively for garbage, refuse, or
2		recycling operations, may, when laden, transmit upon the
3		road surface, except when on part of the National System of
4		Interstate and Defense Highways, the following maximum
5		weights: 22,000 pounds on a single axle; 40,000 pounds on a
6		tandem axle; 40,000 pounds gross weight on a 2-axle
7		vehicle; 54,000 pounds gross weight on a 3-axle vehicle.
8		This vehicle is not subject to the bridge formula.
9		(7.5) A 3-axle rear discharge truck mixer registered as
10		a Special Hauling Vehicle, used exclusively for the mixing
11		and transportation of concrete in the plastic state, may,
12		when laden, transmit upon the road surface, except when on
13		part of the National System of Interstate and Defense
14		Highways, the following maximum weights: 22,000 pounds on
15		single axle; 40,000 pounds on a tandem axle; 54,000 pounds
16		gross weight on a 3-axle vehicle. This vehicle is not
17		subject to the bridge formula.
18		(8) Except as provided in paragraph (7.5) of this
19		subsection (a), tandem axles on a 3-axle truck registered
20		as a Special Hauling Vehicle, manufactured prior to or in
21		the model year of 2024 and first registered in Illinois
22		prior to January 1, 2025, with a distance greater than 72
23		inches but not more than 96 inches between any series of 2
24		axles, is allowed a combined weight on the series not to
25		exceed 36,000 pounds and neither axle of the series may
26		exceed 20,000 pounds. Any vehicle of this type manufactured

HB4137 Engrossed - 773 - LRB099 07987 AMC 28127 b
1		after the model year of 2024 or first registered in
2		Illinois after December 31, 2024 may not exceed a combined
3		weight of 34,000 pounds through the series of 2 axles and
4		neither axle of the series may exceed 20,000 pounds.
5		A 3-axle combination sewer cleaning jetting vacuum
6		truck registered as a Special Hauling Vehicle, used
7		exclusively for the transportation of non-hazardous solid
8		waste, manufactured before or in the model year of 2014,
9		first registered in Illinois before January 1, 2015, may,
10		when laden, transmit upon the road surface, except when on
11		part of the National System of Interstate and Defense
12		Highways, the following maximum weights: 22,000 pounds on a
13		single axle; 40,000 pounds on a tandem axle; 54,000 pounds
14		gross weight on a 3-axle vehicle. This vehicle is not
15		subject to the bridge formula.
16		(9) A 4-axle truck mixer registered as a Special
17		Hauling Vehicle, used exclusively for the mixing and
18		transportation of concrete in the plastic state, and not
19		operated on a highway that is part of the National System
20		of Interstate Highways, is allowed the following maximum
21		weights: 20,000 pounds on any single axle; 36,000 pounds on
22		a series of axles greater than 72 inches but not more than
23		96 inches; and 34,000 pounds on any series of 2 axles
24		greater than 40 inches but not more than 72 inches. The
25		gross weight of this vehicle may not exceed the weights
26		allowed by the bridge formula for 4 axles. The bridge

HB4137 Engrossed - 774 - LRB099 07987 AMC 28127 b
1		formula does not apply to any series of 3 axles while the
2		vehicle is transporting concrete in the plastic state, but
3		no axle or tandem axle of the series may exceed the maximum
4		weight permitted under this paragraph (9) of subsection
5		(a).
6		(10) Combinations of vehicles, registered as Special
7		Hauling Vehicles that include a semitrailer manufactured
8		prior to or in the model year of 2024, and registered in
9		Illinois prior to January 1, 2025, having 5 axles with a
10		distance of 42 feet or less between extreme axles, may not
11		exceed the following maximum weights: 20,000 pounds on a
12		single axle; 34,000 pounds on a tandem axle; and 72,000
13		pounds gross weight. This combination of vehicles is not
14		subject to the bridge formula. For all those combinations
15		of vehicles that include a semitrailer manufactured after
16		the effective date of P.A. 92-0417, the overall distance
17		between the first and last axles of the 2 sets of tandems
18		must be 18 feet 6 inches or more. Any combination of
19		vehicles that has had its cargo container replaced in its
20		entirety after December 31, 2024 may not exceed the weights
21		allowed by the bridge formula.
22		(11) The maximum weight allowed on a vehicle with
23		crawler type tracks is 40,000 pounds.
24		(12) A combination of vehicles, including a tow truck
25		and a disabled vehicle or disabled combination of vehicles,
26		that exceeds the weight restriction imposed by this Code,

HB4137 Engrossed - 775 - LRB099 07987 AMC 28127 b
1		may be operated on a public highway in this State provided
2		that neither the disabled vehicle nor any vehicle being
3		towed nor the tow truck itself shall exceed the weight
4		limitations permitted under this Chapter. During the
5		towing operation, neither the tow truck nor the vehicle
6		combination shall exceed 24,000 pounds on a single rear
7		axle and 44,000 pounds on a tandem rear axle, provided the
8		towing vehicle:
9		(i) is specifically designed as a tow truck having
10		a gross vehicle weight rating of at least 18,000 pounds
11		and is equipped with air brakes, provided that air
12		brakes are required only if the towing vehicle is
13		towing a vehicle, semitrailer, or tractor-trailer
14		combination that is equipped with air brakes;
15		(ii) is equipped with flashing, rotating, or
16		oscillating amber lights, visible for at least 500 feet
17		in all directions;
18		(iii) is capable of utilizing the lighting and
19		braking systems of the disabled vehicle or combination
20		of vehicles; and
21		(iv) does not engage in a tow exceeding 20 miles
22		from the initial point of wreck or disablement. Any
23		additional movement of the vehicles may occur only upon
24		issuance of authorization for that movement under the
25		provisions of Sections 15-301 through 15-319 of this
26		Code. The towing vehicle, however, may tow any disabled

HB4137 Engrossed - 776 - LRB099 07987 AMC 28127 b
1		vehicle to a point where repairs are actually to occur.
2		This movement shall be valid only on State routes. The
3		tower must abide by posted bridge weight limits.
4		(13) Upon and during a declaration of an emergency
5		propane supply disaster by the Governor under Section 7 of
6		the Illinois Emergency Management Agency Act:
7		(i) a truck not in combination, equipped with a
8		cargo tank, used exclusively for the transportation of
9		propane or liquefied petroleum gas may, when laden,
10		transmit upon the road surface, except when on part of
11		the National System of Interstate and Defense
12		Highways, the following maximum weights: 22,000 pounds
13		on a single axle; 40,000 pounds on a tandem axle;
14		40,000 pounds gross weight on a 2-axle vehicle; 54,000
15		pounds gross weight on a 3-axle vehicle; and
16		(ii) a truck when in combination with a trailer
17		equipped with a cargo tank used exclusively for the
18		transportation of propane or liquefied petroleum gas
19		may, when laden, transmit upon the road surface, except
20		when on part of the National System of Interstate and
21		Defense Highways, the following maximum weights:
22		22,000 pounds on a single axle; 40,000 pounds on a
23		tandem axle; 90,000 pounds gross weight on a 5-axle 5
24		or 6-axle vehicle.
25		Vehicles operating under this paragraph (13) are not
26		subject to the bridge formula.

HB4137 Engrossed - 777 - LRB099 07987 AMC 28127 b
1		(14) (13) A vehicle or combination of vehicles that
2		uses natural gas or propane gas as a motor fuel may exceed
3		the above weight limitations by 2,000 pounds, except on
4		interstate highways as defined by Section 1-133.1 of this
5		Code. This paragraph (14) (13) shall not allow a vehicle to
6		exceed any posted weight limit on a highway or structure.
7		Gross weight limits shall not apply to the combination of
8		the tow truck and vehicles being towed. The tow truck license
9		plate must cover the operating empty weight of the tow truck
10		only. The weight of each vehicle being towed shall be covered
11		by a valid license plate issued to the owner or operator of the
12		vehicle being towed and displayed on that vehicle. If no valid
13		plate issued to the owner or operator of that vehicle is
14		displayed on that vehicle, or the plate displayed on that
15		vehicle does not cover the weight of the vehicle, the weight of
16		the vehicle shall be covered by the third tow truck plate
17		issued to the owner or operator of the tow truck and
18		temporarily affixed to the vehicle being towed. If a roll-back
19		carrier is registered and being used as a tow truck, however,
20		the license plate or plates for the tow truck must cover the
21		gross vehicle weight, including any load carried on the bed of
22		the roll-back carrier.
23		The Department may by rule or regulation prescribe
24		additional requirements. However, nothing in this Code shall
25		prohibit a tow truck under instructions of a police officer
26		from legally clearing a disabled vehicle, that may be in

HB4137 Engrossed - 778 - LRB099 07987 AMC 28127 b
1		violation of weight limitations of this Chapter, from the
2		roadway to the berm or shoulder of the highway. If in the
3		opinion of the police officer that location is unsafe, the
4		officer is authorized to have the disabled vehicle towed to the
5		nearest place of safety.
6		For the purpose of this subsection, gross vehicle weight
7		rating, or GVWR, means the value specified by the manufacturer
8		as the loaded weight of the tow truck.
9		(b) As used in this Section, "recycling haul" or "recycling
10		operation" means the hauling of non-hazardous, non-special,
11		non-putrescible materials, such as paper, glass, cans, or
12		plastic, for subsequent use in the secondary materials market.
13		(c) No vehicle or combination of vehicles equipped with
14		pneumatic tires shall be operated, unladen or with load, upon
15		the highways of this State in violation of the provisions of
16		any permit issued under the provisions of Sections 15-301
17		through 15-319 of this Chapter.
18		(d) No vehicle or combination of vehicles equipped with
19		other than pneumatic tires may be operated, unladen or with
20		load, upon the highways of this State when the gross weight on
21		the road surface through any wheel exceeds 800 pounds per inch
22		width of tire tread or when the gross weight on the road
23		surface through any axle exceeds 16,000 pounds.
24		(e) No person shall operate a vehicle or combination of
25		vehicles over a bridge or other elevated structure constituting
26		part of a highway with a gross weight that is greater than the

HB4137 Engrossed - 779 - LRB099 07987 AMC 28127 b
1		maximum weight permitted by the Department, when the structure
2		is sign posted as provided in this Section.
3		(f) The Department upon request from any local authority
4		shall, or upon its own initiative may, conduct an investigation
5		of any bridge or other elevated structure constituting a part
6		of a highway, and if it finds that the structure cannot with
7		safety to itself withstand the weight of vehicles otherwise
8		permissible under this Code the Department shall determine and
9		declare the maximum weight of vehicles that the structures can
10		withstand, and shall cause or permit suitable signs stating
11		maximum weight to be erected and maintained before each end of
12		the structure. No person shall operate a vehicle or combination
13		of vehicles over any structure with a gross weight that is
14		greater than the posted maximum weight.
15		(g) Upon the trial of any person charged with a violation
16		of subsection (e) or (f) of this Section, proof of the
17		determination of the maximum allowable weight by the Department
18		and the existence of the signs, constitutes conclusive evidence
19		of the maximum weight that can be maintained with safety to the
20		bridge or structure.
21		(Source: P.A. 97-201, eff. 1-1-12; 98-409, eff. 1-1-14; 98-410,
22		eff. 8-16-13; 98-756, eff. 7-16-14; 98-942, eff. 1-1-15;
23		98-956, eff. 1-1-15; 98-1029, eff. 1-1-15; revised 10-2-14.)
24		Section 470. The Boat Registration and Safety Act is
25		amended by changing Section 5-18 as follows:

HB4137 Engrossed - 780 - LRB099 07987 AMC 28127 b
1		(625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13)
2		Sec. 5-18. (a) Beginning on January 1, 2016, no person born
3		on or after January 1, 1998, unless exempted by subsection (i),
4		shall operate a motorboat with over 10 horse power unless that
5		person has a valid Boating Safety Certificate issued by the
6		Department of Natural Resources or an entity or organization
7		recognized and approved by the Department.
8		(b) No person under 10 years of age may operate a
9		motorboat.
10		(c) Prior to January 1, 2016, persons at least 10 years of
11		age and less than 12 years of age may operate a motorboat with
12		over 10 horse power only if they are accompanied on the
13		motorboat and under the direct control of a parent or guardian
14		or a person at least 18 years of age designated by a parent or
15		guardian. Beginning on January 1, 2016, persons at least 10
16		years of age and less than 12 years of age may operate a
17		motorboat with over 10 horse power only if the person is under
18		the direct on-board supervision of a parent or guardian who
19		meets the requirements of subsection (a) or a person at least
20		18 years of age who meets the requirements of subsection (a)
21		and is designated by a parent or guardian.
22		(d) Prior to January 1, 2016, persons at least 12 years of
23		age and less than 18 years of age may operate a motorboat with
24		over 10 horse power only if they are accompanied on the
25		motorboat and under the direct control of a parent or guardian

HB4137 Engrossed - 781 - LRB099 07987 AMC 28127 b
1		or a person at least 18 years of age designated by a parent or
2		guardian, or the motorboat operator is in possession of a
3		Boating Safety Certificate issued by the Department of Natural
4		Resources, Division of Law Enforcement, authorizing the holder
5		to operate motorboats. Beginning on January 1, 2016, persons at
6		least 12 years and less than 18 years of age may operate a
7		motorboat with over 10 horse power only if the person meets the
8		requirements of subsection (a) or is under the direct on-board
9		supervision of a parent or guardian who meets the requirements
10		of subsection (a) or a person at least 18 years of age who
11		meets the requirements of subsection (a) and is designated by a
12		parent or guardian.
13		(e) Beginning January 1, 2016, the owner of a motorboat or
14		a person given supervisory authority over a motorboat shall not
15		permit a motorboat with over 10 horse power to be operated by a
16		person who does not meet the Boating Safety Certificate
17		requirements of this Section.
18		(f) Licensed boat liveries shall offer abbreviated
19		operating and safety instruction covering core boat safety
20		rules to all renters, unless the renter can demonstrate
21		compliance with the Illinois Boating Safety Certificate
22		requirements of this Section, or is exempt under subsection (i)
23		of this Section. A person who completes abbreviated operating
24		and safety instruction may operate a motorboat rented from the
25		livery providing the abbreviated operating and safety
26		instruction without having a Boating Safety Certificate for up

HB4137 Engrossed - 782 - LRB099 07987 AMC 28127 b
1		to one year from the date of instruction. The Department shall
2		adopt rules to implement this subsection.
3		(g) Violations.
4		(1) A person who is operating a motorboat with over 10
5		horse power and is required to have a valid Boating Safety
6		Certificate under the provisions of this Section shall
7		present the certificate to a law enforcement officer upon
8		request. Failure of the person to present the certificate
9		upon request is a petty offense.
10		(2) A person who provides false or fictitious
11		information in an application for a Boating Safety
12		Certificate; or who alters, forges, counterfeits, or
13		falsifies a Boating Safety Certificate; or who possesses a
14		Boating Safety Certificate that has been altered, forged,
15		counterfeited, or falsified is guilty of a Class A
16		misdemeanor.
17		(3) A person who loans or permits his or her their
18		Boating Safety Certificate to be used by another person; or
19		who operates a motorboat with over 10 horse power using a
20		Boating Safety Certificate that has not been issued to that
21		person is guilty of a Class A misdemeanor.
22		(4) A violation Violations of this Section done with
23		the knowledge of a parent or guardian shall be deemed a
24		violation by the parent or guardian and punishable under
25		Section 11A-1.
26		(h) The Department of Natural Resources shall establish a

HB4137 Engrossed - 783 - LRB099 07987 AMC 28127 b
1		program of instruction on boating safety, laws, regulations and
2		administrative laws, and any other subject matter which might
3		be related to the subject of general boat safety. The program
4		shall be conducted by instructors certified by the Department
5		of Natural Resources. The course of instruction for persons
6		certified to teach boating safety shall be not less than 8
7		hours in length, and the Department shall have the authority to
8		revoke the certification of any instructor who has demonstrated
9		his inability to conduct courses on the subject matter. The
10		Department of Natural Resources shall develop and provide a
11		method for students to complete the program online. Students
12		satisfactorily completing a program of not less than 8 hours in
13		length shall receive a certificate of safety from the
14		Department of Natural Resources. The Department may cooperate
15		with schools, online vendors, private clubs and other
16		organizations in offering boating safety courses throughout
17		the State of Illinois.
18		The Department shall issue certificates of boating safety
19		to persons 10 years of age or older successfully completing the
20		prescribed course of instruction and passing such tests as may
21		be prescribed by the Department. The Department may charge each
22		person who enrolls in a course of instruction a fee not to
23		exceed $5. If a fee is authorized by the Department, the
24		Department shall authorize instructors conducting such courses
25		meeting standards established by it to charge for the rental of
26		facilities or for the cost of materials utilized in the course.

HB4137 Engrossed - 784 - LRB099 07987 AMC 28127 b
1		Fees retained by the Department shall be utilized to defray a
2		part of its expenses to operate the safety and accident
3		reporting programs of the Department.
4		(i) A Boating Safety Certificate is not required by:
5		(1) a person who possesses a valid United States Coast
6		Guard commercial vessel operator's license or a marine
7		certificate issued by the Canadian government;
8		(2) a person employed by the United States, this State,
9		another state, or a subdivision thereof while in
10		performance of his or her official duties;
11		(3) a person who is not a resident, is temporarily
12		using the waters of this State for a period not to exceed
13		90 days, and meets any applicable boating safety education
14		requirements of his or her state of residency or possesses
15		a Canadian Pleasure Craft Operator's Card;
16		(4) a person who is a resident of this State who has
17		met the applicable boating safety education requirements
18		of another state or possesses a Canadian Pleasure Craft
19		Operator's Card;
20		(5) a person who has assumed operation of the motorboat
21		due to the illness or physical impairment of the operator,
22		and is returning the motorboat or personal watercraft to
23		shore in order to provide assistance or care for that
24		operator;
25		(6) a person who is registered as a commercial
26		fisherman or a person who is under the onboard direct

HB4137 Engrossed - 785 - LRB099 07987 AMC 28127 b
1		supervision of the commercial fisherman while operating
2		the commercial fisherman's vessel;
3		(7) a person who is serving or has qualified as a
4		surface warfare officer or enlisted surface warfare
5		specialist in the United States Navy;
6		(8) a person who has assumed operation of the motorboat
7		for the purpose of completing a watercraft safety course
8		approved by the Department, the U.S. Coast Guard, or the
9		National Association of State Boating Law Administrators;
10		(9) a person using only an electric motor to propel the
11		motorboat;
12		(10) a person operating a motorboat on private
13		property; or
14		(11) a person over the age of 12 years who holds a
15		valid certificate issued by another state, a province of
16		the Dominion of Canada, the United States Coast Guard
17		Auxiliary or the United States Power Squadron need not
18		obtain a certificate from the Department if the course
19		content of the program in such other state, province or
20		organization substantially meets that established by the
21		Department under this Section. A certificate issued by the
22		Department or by another state, province of the Dominion of
23		Canada or approved organization shall not constitute an
24		operator's license, but shall certify only that the student
25		has successfully passed a course in boating safety
26		instruction.

HB4137 Engrossed - 786 - LRB099 07987 AMC 28127 b
1		(j) The Department of Natural Resources shall adopt rules
2		necessary to implement this Section. The Department of Natural
3		Resources shall consult and coordinate with the boating public,
4		professional organizations for recreational boating safety,
5		and the boating retail, leasing, and dealer business community
6		in the adoption of these rules.
7		(Source: P.A. 98-698, eff. 1-1-15; revised 12-10-14.)
8		Section 475. The Clerks of Courts Act is amended by
9		changing Section 27.6 as follows:
10		(705 ILCS 105/27.6)
11		(Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
12		96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
13		98-658, and 98-1013)
14		Sec. 27.6. (a) All fees, fines, costs, additional
15		penalties, bail balances assessed or forfeited, and any other
16		amount paid by a person to the circuit clerk equalling an
17		amount of $55 or more, except the fine imposed by Section
18		5-9-1.15 of the Unified Code of Corrections, the additional fee
19		required by subsections (b) and (c), restitution under Section
20		5-5-6 of the Unified Code of Corrections, contributions to a
21		local anti-crime program ordered pursuant to Section
22		5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
23		Corrections, reimbursement for the costs of an emergency
24		response as provided under Section 11-501 of the Illinois

HB4137 Engrossed - 787 - LRB099 07987 AMC 28127 b
1		Vehicle Code, any fees collected for attending a traffic safety
2		program under paragraph (c) of Supreme Court Rule 529, any fee
3		collected on behalf of a State's Attorney under Section 4-2002
4		of the Counties Code or a sheriff under Section 4-5001 of the
5		Counties Code, or any cost imposed under Section 124A-5 of the
6		Code of Criminal Procedure of 1963, for convictions, orders of
7		supervision, or any other disposition for a violation of
8		Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
9		similar provision of a local ordinance, and any violation of
10		the Child Passenger Protection Act, or a similar provision of a
11		local ordinance, and except as otherwise provided in this
12		Section shall be disbursed within 60 days after receipt by the
13		circuit clerk as follows: 44.5% shall be disbursed to the
14		entity authorized by law to receive the fine imposed in the
15		case; 16.825% shall be disbursed to the State Treasurer; and
16		38.675% shall be disbursed to the county's general corporate
17		fund. Of the 16.825% disbursed to the State Treasurer, 2/17
18		shall be deposited by the State Treasurer into the Violent
19		Crime Victims Assistance Fund, 5.052/17 shall be deposited into
20		the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
21		be deposited into the Drivers Education Fund, and 6.948/17
22		shall be deposited into the Trauma Center Fund. Of the 6.948/17
23		deposited into the Trauma Center Fund from the 16.825%
24		disbursed to the State Treasurer, 50% shall be disbursed to the
25		Department of Public Health and 50% shall be disbursed to the
26		Department of Healthcare and Family Services. For fiscal year

HB4137 Engrossed - 788 - LRB099 07987 AMC 28127 b
1		1993, amounts deposited into the Violent Crime Victims
2		Assistance Fund, the Traffic and Criminal Conviction Surcharge
3		Fund, or the Drivers Education Fund shall not exceed 110% of
4		the amounts deposited into those funds in fiscal year 1991. Any
5		amount that exceeds the 110% limit shall be distributed as
6		follows: 50% shall be disbursed to the county's general
7		corporate fund and 50% shall be disbursed to the entity
8		authorized by law to receive the fine imposed in the case. Not
9		later than March 1 of each year the circuit clerk shall submit
10		a report of the amount of funds remitted to the State Treasurer
11		under this Section during the preceding year based upon
12		independent verification of fines and fees. All counties shall
13		be subject to this Section, except that counties with a
14		population under 2,000,000 may, by ordinance, elect not to be
15		subject to this Section. For offenses subject to this Section,
16		judges shall impose one total sum of money payable for
17		violations. The circuit clerk may add on no additional amounts
18		except for amounts that are required by Sections 27.3a and
19		27.3c of this Act, unless those amounts are specifically waived
20		by the judge. With respect to money collected by the circuit
21		clerk as a result of forfeiture of bail, ex parte judgment or
22		guilty plea pursuant to Supreme Court Rule 529, the circuit
23		clerk shall first deduct and pay amounts required by Sections
24		27.3a and 27.3c of this Act. This Section is a denial and
25		limitation of home rule powers and functions under subsection
26		(h) of Section 6 of Article VII of the Illinois Constitution.

HB4137 Engrossed - 789 - LRB099 07987 AMC 28127 b
1		(b) In addition to any other fines and court costs assessed
2		by the courts, any person convicted or receiving an order of
3		supervision for driving under the influence of alcohol or drugs
4		shall pay an additional fee of $100 to the clerk of the circuit
5		court. This amount, less 2 1/2% that shall be used to defray
6		administrative costs incurred by the clerk, shall be remitted
7		by the clerk to the Treasurer within 60 days after receipt for
8		deposit into the Trauma Center Fund. This additional fee of
9		$100 shall not be considered a part of the fine for purposes of
10		any reduction in the fine for time served either before or
11		after sentencing. Not later than March 1 of each year the
12		Circuit Clerk shall submit a report of the amount of funds
13		remitted to the State Treasurer under this subsection during
14		the preceding calendar year.
15		(b-1) In addition to any other fines and court costs
16		assessed by the courts, any person convicted or receiving an
17		order of supervision for driving under the influence of alcohol
18		or drugs shall pay an additional fee of $5 to the clerk of the
19		circuit court. This amount, less 2 1/2% that shall be used to
20		defray administrative costs incurred by the clerk, shall be
21		remitted by the clerk to the Treasurer within 60 days after
22		receipt for deposit into the Spinal Cord Injury Paralysis Cure
23		Research Trust Fund. This additional fee of $5 shall not be
24		considered a part of the fine for purposes of any reduction in
25		the fine for time served either before or after sentencing. Not
26		later than March 1 of each year the Circuit Clerk shall submit

HB4137 Engrossed - 790 - LRB099 07987 AMC 28127 b
1		a report of the amount of funds remitted to the State Treasurer
2		under this subsection during the preceding calendar year.
3		(c) In addition to any other fines and court costs assessed
4		by the courts, any person convicted for a violation of Sections
5		24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
6		Criminal Code of 2012 or a person sentenced for a violation of
7		the Cannabis Control Act, the Illinois Controlled Substances
8		Act, or the Methamphetamine Control and Community Protection
9		Act shall pay an additional fee of $100 to the clerk of the
10		circuit court. This amount, less 2 1/2% that shall be used to
11		defray administrative costs incurred by the clerk, shall be
12		remitted by the clerk to the Treasurer within 60 days after
13		receipt for deposit into the Trauma Center Fund. This
14		additional fee of $100 shall not be considered a part of the
15		fine for purposes of any reduction in the fine for time served
16		either before or after sentencing. Not later than March 1 of
17		each year the Circuit Clerk shall submit a report of the amount
18		of funds remitted to the State Treasurer under this subsection
19		during the preceding calendar year.
20		(c-1) In addition to any other fines and court costs
21		assessed by the courts, any person sentenced for a violation of
22		the Cannabis Control Act, the Illinois Controlled Substances
23		Act, or the Methamphetamine Control and Community Protection
24		Act shall pay an additional fee of $5 to the clerk of the
25		circuit court. This amount, less 2 1/2% that shall be used to
26		defray administrative costs incurred by the clerk, shall be

HB4137 Engrossed - 791 - LRB099 07987 AMC 28127 b
1		remitted by the clerk to the Treasurer within 60 days after
2		receipt for deposit into the Spinal Cord Injury Paralysis Cure
3		Research Trust Fund. This additional fee of $5 shall not be
4		considered a part of the fine for purposes of any reduction in
5		the fine for time served either before or after sentencing. Not
6		later than March 1 of each year the Circuit Clerk shall submit
7		a report of the amount of funds remitted to the State Treasurer
8		under this subsection during the preceding calendar year.
9		(d) The following amounts must be remitted to the State
10		Treasurer for deposit into the Illinois Animal Abuse Fund:
11		(1) 50% of the amounts collected for felony offenses
12		under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
13		5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
14		Animals Act and Section 26-5 or 48-1 of the Criminal Code
15		of 1961 or the Criminal Code of 2012;
16		(2) 20% of the amounts collected for Class A and Class
17		B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
18		5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
19		for Animals Act and Section 26-5 or 48-1 of the Criminal
20		Code of 1961 or the Criminal Code of 2012; and
21		(3) 50% of the amounts collected for Class C
22		misdemeanors under Sections 4.01 and 7.1 of the Humane Care
23		for Animals Act and Section 26-5 or 48-1 of the Criminal
24		Code of 1961 or the Criminal Code of 2012.
25		(e) Any person who receives a disposition of court
26		supervision for a violation of the Illinois Vehicle Code or a

HB4137 Engrossed - 792 - LRB099 07987 AMC 28127 b
1		similar provision of a local ordinance shall, in addition to
2		any other fines, fees, and court costs, pay an additional fee
3		of $29, to be disbursed as provided in Section 16-104c of the
4		Illinois Vehicle Code. In addition to the fee of $29, the
5		person shall also pay a fee of $6, if not waived by the court.
6		If this $6 fee is collected, $5.50 of the fee shall be
7		deposited into the Circuit Court Clerk Operation and
8		Administrative Fund created by the Clerk of the Circuit Court
9		and 50 cents of the fee shall be deposited into the Prisoner
10		Review Board Vehicle and Equipment Fund in the State treasury.
11		(f) This Section does not apply to the additional child
12		pornography fines assessed and collected under Section
13		5-9-1.14 of the Unified Code of Corrections.
14		(g) (Blank).
15		(h) (Blank).
16		(i) Of the amounts collected as fines under subsection (b)
17		of Section 3-712 of the Illinois Vehicle Code, 99% shall be
18		deposited into the Illinois Military Family Relief Fund and 1%
19		shall be deposited into the Circuit Court Clerk Operation and
20		Administrative Fund created by the Clerk of the Circuit Court
21		to be used to offset the costs incurred by the Circuit Court
22		Clerk in performing the additional duties required to collect
23		and disburse funds to entities of State and local government as
24		provided by law.
25		(j) Any person convicted of, pleading guilty to, or placed
26		on supervision for a serious traffic violation, as defined in

HB4137 Engrossed - 793 - LRB099 07987 AMC 28127 b
1		Section 1-187.001 of the Illinois Vehicle Code, a violation of
2		Section 11-501 of the Illinois Vehicle Code, or a violation of
3		a similar provision of a local ordinance shall pay an
4		additional fee of $35, to be disbursed as provided in Section
5		16-104d of that Code.
6		This subsection (j) becomes inoperative on January 1, 2020.
7		(k) For any conviction or disposition of court supervision
8		for a violation of Section 11-1429 of the Illinois Vehicle
9		Code, the circuit clerk shall distribute the fines paid by the
10		person as specified by subsection (h) of Section 11-1429 of the
11		Illinois Vehicle Code.
12		(l) Any person who receives a disposition of court
13		supervision for a violation of Section 11-501 of the Illinois
14		Vehicle Code or a similar provision of a local ordinance shall,
15		in addition to any other fines, fees, and court costs, pay an
16		additional fee of $50, which shall be collected by the circuit
17		clerk and then remitted to the State Treasurer for deposit into
18		the Roadside Memorial Fund, a special fund in the State
19		treasury. However, the court may waive the fee if full
20		restitution is complied with. Subject to appropriation, all
21		moneys in the Roadside Memorial Fund shall be used by the
22		Department of Transportation to pay fees imposed under
23		subsection (f) of Section 20 of the Roadside Memorial Act. The
24		fee shall be remitted by the circuit clerk within one month
25		after receipt to the State Treasurer for deposit into the
26		Roadside Memorial Fund.

HB4137 Engrossed - 794 - LRB099 07987 AMC 28127 b
1		(m) Of the amounts collected as fines under subsection (c)
2		of Section 411.4 of the Illinois Controlled Substances Act or
3		subsection (c) of Section 90 of the Methamphetamine Control and
4		Community Protection Act, 99% shall be deposited to the law
5		enforcement agency or fund specified and 1% shall be deposited
6		into the Circuit Court Clerk Operation and Administrative Fund
7		to be used to offset the costs incurred by the Circuit Court
8		Clerk in performing the additional duties required to collect
9		and disburse funds to entities of State and local government as
10		provided by law.
11		(n) In addition to any other fines and court costs assessed
12		by the courts, any person who is convicted of or pleads guilty
13		to a violation of the Criminal Code of 1961 or the Criminal
14		Code of 2012, or a similar provision of a local ordinance, or
15		who is convicted of, pleads guilty to, or receives a
16		disposition of court supervision for a violation of the
17		Illinois Vehicle Code, or a similar provision of a local
18		ordinance, shall pay an additional fee of $15 to the clerk of
19		the circuit court. This additional fee of $15 shall not be
20		considered a part of the fine for purposes of any reduction in
21		the fine for time served either before or after sentencing.
22		This amount, less 2.5% that shall be used to defray
23		administrative costs incurred by the clerk, shall be remitted
24		by the clerk to the State Treasurer within 60 days after
25		receipt for deposit into the State Police Merit Board Public
26		Safety Fund.

HB4137 Engrossed - 795 - LRB099 07987 AMC 28127 b
1		(o) The amounts collected as fines under Sections 10-9,
2		11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
3		be collected by the circuit clerk and distributed as provided
4		under Section 5-9-1.21 of the Unified Code of Corrections in
5		lieu of any disbursement under subsection (a) of this Section.
6		(Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13;
7		97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff.
8		6-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.)
9		(Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
10		96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
11		98-658, and 98-1013)
12		Sec. 27.6. (a) All fees, fines, costs, additional
13		penalties, bail balances assessed or forfeited, and any other
14		amount paid by a person to the circuit clerk equalling an
15		amount of $55 or more, except the fine imposed by Section
16		5-9-1.15 of the Unified Code of Corrections, the additional fee
17		required by subsections (b) and (c), restitution under Section
18		5-5-6 of the Unified Code of Corrections, contributions to a
19		local anti-crime program ordered pursuant to Section
20		5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
21		Corrections, reimbursement for the costs of an emergency
22		response as provided under Section 11-501 of the Illinois
23		Vehicle Code, any fees collected for attending a traffic safety
24		program under paragraph (c) of Supreme Court Rule 529, any fee
25		collected on behalf of a State's Attorney under Section 4-2002

HB4137 Engrossed - 796 - LRB099 07987 AMC 28127 b
1		of the Counties Code or a sheriff under Section 4-5001 of the
2		Counties Code, or any cost imposed under Section 124A-5 of the
3		Code of Criminal Procedure of 1963, for convictions, orders of
4		supervision, or any other disposition for a violation of
5		Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
6		similar provision of a local ordinance, and any violation of
7		the Child Passenger Protection Act, or a similar provision of a
8		local ordinance, and except as otherwise provided in this
9		Section shall be disbursed within 60 days after receipt by the
10		circuit clerk as follows: 44.5% shall be disbursed to the
11		entity authorized by law to receive the fine imposed in the
12		case; 16.825% shall be disbursed to the State Treasurer; and
13		38.675% shall be disbursed to the county's general corporate
14		fund. Of the 16.825% disbursed to the State Treasurer, 2/17
15		shall be deposited by the State Treasurer into the Violent
16		Crime Victims Assistance Fund, 5.052/17 shall be deposited into
17		the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
18		be deposited into the Drivers Education Fund, and 6.948/17
19		shall be deposited into the Trauma Center Fund. Of the 6.948/17
20		deposited into the Trauma Center Fund from the 16.825%
21		disbursed to the State Treasurer, 50% shall be disbursed to the
22		Department of Public Health and 50% shall be disbursed to the
23		Department of Healthcare and Family Services. For fiscal year
24		1993, amounts deposited into the Violent Crime Victims
25		Assistance Fund, the Traffic and Criminal Conviction Surcharge
26		Fund, or the Drivers Education Fund shall not exceed 110% of

HB4137 Engrossed - 797 - LRB099 07987 AMC 28127 b
1		the amounts deposited into those funds in fiscal year 1991. Any
2		amount that exceeds the 110% limit shall be distributed as
3		follows: 50% shall be disbursed to the county's general
4		corporate fund and 50% shall be disbursed to the entity
5		authorized by law to receive the fine imposed in the case. Not
6		later than March 1 of each year the circuit clerk shall submit
7		a report of the amount of funds remitted to the State Treasurer
8		under this Section during the preceding year based upon
9		independent verification of fines and fees. All counties shall
10		be subject to this Section, except that counties with a
11		population under 2,000,000 may, by ordinance, elect not to be
12		subject to this Section. For offenses subject to this Section,
13		judges shall impose one total sum of money payable for
14		violations. The circuit clerk may add on no additional amounts
15		except for amounts that are required by Sections 27.3a and
16		27.3c of this Act, Section 16-104c of the Illinois Vehicle
17		Code, and subsection (a) of Section 5-1101 of the Counties
18		Code, unless those amounts are specifically waived by the
19		judge. With respect to money collected by the circuit clerk as
20		a result of forfeiture of bail, ex parte judgment or guilty
21		plea pursuant to Supreme Court Rule 529, the circuit clerk
22		shall first deduct and pay amounts required by Sections 27.3a
23		and 27.3c of this Act. Unless a court ordered payment schedule
24		is implemented or fee requirements are waived pursuant to court
25		order, the clerk of the court may add to any unpaid fees and
26		costs a delinquency amount equal to 5% of the unpaid fees that

HB4137 Engrossed - 798 - LRB099 07987 AMC 28127 b
1		remain unpaid after 30 days, 10% of the unpaid fees that remain
2		unpaid after 60 days, and 15% of the unpaid fees that remain
3		unpaid after 90 days. Notice to those parties may be made by
4		signage posting or publication. The additional delinquency
5		amounts collected under this Section shall be deposited in the
6		Circuit Court Clerk Operation and Administrative Fund to be
7		used to defray administrative costs incurred by the circuit
8		clerk in performing the duties required to collect and disburse
9		funds. This Section is a denial and limitation of home rule
10		powers and functions under subsection (h) of Section 6 of
11		Article VII of the Illinois Constitution.
12		(b) In addition to any other fines and court costs assessed
13		by the courts, any person convicted or receiving an order of
14		supervision for driving under the influence of alcohol or drugs
15		shall pay an additional fee of $100 to the clerk of the circuit
16		court. This amount, less 2 1/2% that shall be used to defray
17		administrative costs incurred by the clerk, shall be remitted
18		by the clerk to the Treasurer within 60 days after receipt for
19		deposit into the Trauma Center Fund. This additional fee of
20		$100 shall not be considered a part of the fine for purposes of
21		any reduction in the fine for time served either before or
22		after sentencing. Not later than March 1 of each year the
23		Circuit Clerk shall submit a report of the amount of funds
24		remitted to the State Treasurer under this subsection during
25		the preceding calendar year.
26		(b-1) In addition to any other fines and court costs

HB4137 Engrossed - 799 - LRB099 07987 AMC 28127 b
1		assessed by the courts, any person convicted or receiving an
2		order of supervision for driving under the influence of alcohol
3		or drugs shall pay an additional fee of $5 to the clerk of the
4		circuit court. This amount, less 2 1/2% that shall be used to
5		defray administrative costs incurred by the clerk, shall be
6		remitted by the clerk to the Treasurer within 60 days after
7		receipt for deposit into the Spinal Cord Injury Paralysis Cure
8		Research Trust Fund. This additional fee of $5 shall not be
9		considered a part of the fine for purposes of any reduction in
10		the fine for time served either before or after sentencing. Not
11		later than March 1 of each year the Circuit Clerk shall submit
12		a report of the amount of funds remitted to the State Treasurer
13		under this subsection during the preceding calendar year.
14		(c) In addition to any other fines and court costs assessed
15		by the courts, any person convicted for a violation of Sections
16		24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
17		Criminal Code of 2012 or a person sentenced for a violation of
18		the Cannabis Control Act, the Illinois Controlled Substances
19		Act, or the Methamphetamine Control and Community Protection
20		Act shall pay an additional fee of $100 to the clerk of the
21		circuit court. This amount, less 2 1/2% that shall be used to
22		defray administrative costs incurred by the clerk, shall be
23		remitted by the clerk to the Treasurer within 60 days after
24		receipt for deposit into the Trauma Center Fund. This
25		additional fee of $100 shall not be considered a part of the
26		fine for purposes of any reduction in the fine for time served

HB4137 Engrossed - 800 - LRB099 07987 AMC 28127 b
1		either before or after sentencing. Not later than March 1 of
2		each year the Circuit Clerk shall submit a report of the amount
3		of funds remitted to the State Treasurer under this subsection
4		during the preceding calendar year.
5		(c-1) In addition to any other fines and court costs
6		assessed by the courts, any person sentenced for a violation of
7		the Cannabis Control Act, the Illinois Controlled Substances
8		Act, or the Methamphetamine Control and Community Protection
9		Act shall pay an additional fee of $5 to the clerk of the
10		circuit court. This amount, less 2 1/2% that shall be used to
11		defray administrative costs incurred by the clerk, shall be
12		remitted by the clerk to the Treasurer within 60 days after
13		receipt for deposit into the Spinal Cord Injury Paralysis Cure
14		Research Trust Fund. This additional fee of $5 shall not be
15		considered a part of the fine for purposes of any reduction in
16		the fine for time served either before or after sentencing. Not
17		later than March 1 of each year the Circuit Clerk shall submit
18		a report of the amount of funds remitted to the State Treasurer
19		under this subsection during the preceding calendar year.
20		(d) The following amounts must be remitted to the State
21		Treasurer for deposit into the Illinois Animal Abuse Fund:
22		(1) 50% of the amounts collected for felony offenses
23		under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
24		5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
25		Animals Act and Section 26-5 or 48-1 of the Criminal Code
26		of 1961 or the Criminal Code of 2012;

HB4137 Engrossed - 801 - LRB099 07987 AMC 28127 b
1		(2) 20% of the amounts collected for Class A and Class
2		B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
3		5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
4		for Animals Act and Section 26-5 or 48-1 of the Criminal
5		Code of 1961 or the Criminal Code of 2012; and
6		(3) 50% of the amounts collected for Class C
7		misdemeanors under Sections 4.01 and 7.1 of the Humane Care
8		for Animals Act and Section 26-5 or 48-1 of the Criminal
9		Code of 1961 or the Criminal Code of 2012.
10		(e) Any person who receives a disposition of court
11		supervision for a violation of the Illinois Vehicle Code or a
12		similar provision of a local ordinance shall, in addition to
13		any other fines, fees, and court costs, pay an additional fee
14		of $29, to be disbursed as provided in Section 16-104c of the
15		Illinois Vehicle Code. In addition to the fee of $29, the
16		person shall also pay a fee of $6, if not waived by the court.
17		If this $6 fee is collected, $5.50 of the fee shall be
18		deposited into the Circuit Court Clerk Operation and
19		Administrative Fund created by the Clerk of the Circuit Court
20		and 50 cents of the fee shall be deposited into the Prisoner
21		Review Board Vehicle and Equipment Fund in the State treasury.
22		(f) This Section does not apply to the additional child
23		pornography fines assessed and collected under Section
24		5-9-1.14 of the Unified Code of Corrections.
25		(g) Any person convicted of or pleading guilty to a serious
26		traffic violation, as defined in Section 1-187.001 of the

HB4137 Engrossed - 802 - LRB099 07987 AMC 28127 b
1		Illinois Vehicle Code, shall pay an additional fee of $35, to
2		be disbursed as provided in Section 16-104d of that Code. This
3		subsection (g) becomes inoperative on January 1, 2020.
4		(h) In all counties having a population of 3,000,000 or
5		more inhabitants,
6		(1) A person who is found guilty of or pleads guilty to
7		violating subsection (a) of Section 11-501 of the Illinois
8		Vehicle Code, including any person placed on court
9		supervision for violating subsection (a), shall be fined
10		$750 as provided for by subsection (f) of Section 11-501.01
11		of the Illinois Vehicle Code, payable to the circuit clerk,
12		who shall distribute the money pursuant to subsection (f)
13		of Section 11-501.01 of the Illinois Vehicle Code.
14		(2) When a crime laboratory DUI analysis fee of $150,
15		provided for by Section 5-9-1.9 of the Unified Code of
16		Corrections is assessed, it shall be disbursed by the
17		circuit clerk as provided by subsection (f) of Section
18		5-9-1.9 of the Unified Code of Corrections.
19		(3) When a fine for a violation of Section 11-605.1 of
20		the Illinois Vehicle Code is $250 or greater, the person
21		who violated that Section shall be charged an additional
22		$125 as provided for by subsection (e) of Section 11-605.1
23		of the Illinois Vehicle Code, which shall be disbursed by
24		the circuit clerk to a State or county Transportation
25		Safety Highway Hire-back Fund as provided by subsection (e)
26		of Section 11-605.1 of the Illinois Vehicle Code.

HB4137 Engrossed - 803 - LRB099 07987 AMC 28127 b
1		(4) When a fine for a violation of subsection (a) of
2		Section 11-605 of the Illinois Vehicle Code is $150 or
3		greater, the additional $50 which is charged as provided
4		for by subsection (f) of Section 11-605 of the Illinois
5		Vehicle Code shall be disbursed by the circuit clerk to a
6		school district or districts for school safety purposes as
7		provided by subsection (f) of Section 11-605.
8		(5) When a fine for a violation of subsection (a) of
9		Section 11-1002.5 of the Illinois Vehicle Code is $150 or
10		greater, the additional $50 which is charged as provided
11		for by subsection (c) of Section 11-1002.5 of the Illinois
12		Vehicle Code shall be disbursed by the circuit clerk to a
13		school district or districts for school safety purposes as
14		provided by subsection (c) of Section 11-1002.5 of the
15		Illinois Vehicle Code.
16		(6) When a mandatory drug court fee of up to $5 is
17		assessed as provided in subsection (f) of Section 5-1101 of
18		the Counties Code, it shall be disbursed by the circuit
19		clerk as provided in subsection (f) of Section 5-1101 of
20		the Counties Code.
21		(7) When a mandatory teen court, peer jury, youth
22		court, or other youth diversion program fee is assessed as
23		provided in subsection (e) of Section 5-1101 of the
24		Counties Code, it shall be disbursed by the circuit clerk
25		as provided in subsection (e) of Section 5-1101 of the
26		Counties Code.

HB4137 Engrossed - 804 - LRB099 07987 AMC 28127 b
1		(8) When a Children's Advocacy Center fee is assessed
2		pursuant to subsection (f-5) of Section 5-1101 of the
3		Counties Code, it shall be disbursed by the circuit clerk
4		as provided in subsection (f-5) of Section 5-1101 of the
5		Counties Code.
6		(9) When a victim impact panel fee is assessed pursuant
7		to subsection (b) of Section 11-501.01 of the Vehicle Code,
8		it shall be disbursed by the circuit clerk to the victim
9		impact panel to be attended by the defendant.
10		(10) When a new fee collected in traffic cases is
11		enacted after the effective date of this subsection (h), it
12		shall be excluded from the percentage disbursement
13		provisions of this Section unless otherwise indicated by
14		law.
15		(i) Of the amounts collected as fines under subsection (b)
16		of Section 3-712 of the Illinois Vehicle Code, 99% shall be
17		deposited into the Illinois Military Family Relief Fund and 1%
18		shall be deposited into the Circuit Court Clerk Operation and
19		Administrative Fund created by the Clerk of the Circuit Court
20		to be used to offset the costs incurred by the Circuit Court
21		Clerk in performing the additional duties required to collect
22		and disburse funds to entities of State and local government as
23		provided by law.
24		(j) (Blank).
25		(k) For any conviction or disposition of court supervision
26		for a violation of Section 11-1429 of the Illinois Vehicle

HB4137 Engrossed - 805 - LRB099 07987 AMC 28127 b
1		Code, the circuit clerk shall distribute the fines paid by the
2		person as specified by subsection (h) of Section 11-1429 of the
3		Illinois Vehicle Code.
4		(l) Any person who receives a disposition of court
5		supervision for a violation of Section 11-501 of the Illinois
6		Vehicle Code or a similar provision of a local ordinance shall,
7		in addition to any other fines, fees, and court costs, pay an
8		additional fee of $50, which shall be collected by the circuit
9		clerk and then remitted to the State Treasurer for deposit into
10		the Roadside Memorial Fund, a special fund in the State
11		treasury. However, the court may waive the fee if full
12		restitution is complied with. Subject to appropriation, all
13		moneys in the Roadside Memorial Fund shall be used by the
14		Department of Transportation to pay fees imposed under
15		subsection (f) of Section 20 of the Roadside Memorial Act. The
16		fee shall be remitted by the circuit clerk within one month
17		after receipt to the State Treasurer for deposit into the
18		Roadside Memorial Fund.
19		(m) Of the amounts collected as fines under subsection (c)
20		of Section 411.4 of the Illinois Controlled Substances Act or
21		subsection (c) of Section 90 of the Methamphetamine Control and
22		Community Protection Act, 99% shall be deposited to the law
23		enforcement agency or fund specified and 1% shall be deposited
24		into the Circuit Court Clerk Operation and Administrative Fund
25		to be used to offset the costs incurred by the Circuit Court
26		Clerk in performing the additional duties required to collect

HB4137 Engrossed - 806 - LRB099 07987 AMC 28127 b
1		and disburse funds to entities of State and local government as
2		provided by law.
3		(n) In addition to any other fines and court costs assessed
4		by the courts, any person who is convicted of or pleads guilty
5		to a violation of the Criminal Code of 1961 or the Criminal
6		Code of 2012, or a similar provision of a local ordinance, or
7		who is convicted of, pleads guilty to, or receives a
8		disposition of court supervision for a violation of the
9		Illinois Vehicle Code, or a similar provision of a local
10		ordinance, shall pay an additional fee of $15 to the clerk of
11		the circuit court. This additional fee of $15 shall not be
12		considered a part of the fine for purposes of any reduction in
13		the fine for time served either before or after sentencing.
14		This amount, less 2.5% that shall be used to defray
15		administrative costs incurred by the clerk, shall be remitted
16		by the clerk to the State Treasurer within 60 days after
17		receipt for deposit into the State Police Merit Board Public
18		Safety Fund.
19		(o) The amounts collected as fines under Sections 10-9,
20		11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
21		be collected by the circuit clerk and distributed as provided
22		under Section 5-9-1.21 of the Unified Code of Corrections in
23		lieu of any disbursement under subsection (a) of this Section.
24		(Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13;
25		97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff.
26		6-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.)

HB4137 Engrossed - 807 - LRB099 07987 AMC 28127 b
1		Section 480. The Juvenile Court Act of 1987 is amended by
2		changing Sections 3-40, 5-105, and 5-301 as follows:
3		(705 ILCS 405/3-40)
4		Sec. 3-40. Minors involved in electronic dissemination of
5		indecent visual depictions in need of supervision.
6		(a) For the purposes of this Section:
7		"Computer" has the meaning ascribed to it in Section 17-0.5
8		of the Criminal Code of 2012.
9		"Electronic communication device" means an electronic
10		device, including but not limited to a wireless telephone,
11		personal digital assistant, or a portable or mobile computer,
12		that is capable of transmitting images or pictures.
13		"Indecent visual depiction" means a depiction or portrayal
14		in any pose, posture, or setting involving a lewd exhibition of
15		the unclothed or transparently clothed genitals, pubic area,
16		buttocks, or, if such person is female, a fully or partially
17		developed breast of the person.
18		"Minor" means a person under 18 years of age.
19		(b) A minor shall not distribute or disseminate an indecent
20		visual depiction of another minor through the use of a computer
21		or electronic communication device.
22		(c) Adjudication. A minor who violates subsection (b) of
23		this Section may be subject to a petition for adjudication and
24		adjudged a minor in need of supervision.

HB4137 Engrossed - 808 - LRB099 07987 AMC 28127 b
1		(d) Kinds of dispositional orders. A minor found to be in
2		need of supervision under this Section may be:
3		(1) ordered to obtain counseling or other supportive
4		services to address the acts that led to the need for
5		supervision; or
6		(2) ordered to perform community service.
7		(e) Nothing in this Section shall be construed to prohibit
8		a prosecution for disorderly conduct, public indecency, child
9		pornography, a violation of Article 26.5 (Harassing and Obscene
10		Communications) of the Criminal Code of 2012, or any other
11		applicable provision of law.
12		(Source: P.A. 96-1087, eff. 1-1-11; 97-1108, eff. 1-1-13;
13		97-1150, eff. 1-25-13; revised 12-10-14.)
14		(705 ILCS 405/5-105)
15		Sec. 5-105. Definitions. As used in this Article:
16		(1) "Aftercare release" means the conditional and
17		revocable release of an adjudicated delinquent juvenile
18		committed to the Department of Juvenile Justice under the
19		supervision of the Department of Juvenile Justice.
20		(1.5) "Court" means the circuit court in a session or
21		division assigned to hear proceedings under this Act, and
22		includes the term Juvenile Court.
23		(2) "Community service" means uncompensated labor for
24		a community service agency as hereinafter defined.
25		(2.5) "Community service agency" means a

HB4137 Engrossed - 809 - LRB099 07987 AMC 28127 b
1		not-for-profit organization, community organization,
2		church, charitable organization, individual, public
3		office, or other public body whose purpose is to enhance
4		the physical or mental health of a delinquent minor or to
5		rehabilitate the minor, or to improve the environmental
6		quality or social welfare of the community which agrees to
7		accept community service from juvenile delinquents and to
8		report on the progress of the community service to the
9		State's Attorney pursuant to an agreement or to the court
10		or to any agency designated by the court or to the
11		authorized diversion program that has referred the
12		delinquent minor for community service.
13		(3) "Delinquent minor" means any minor who prior to his
14		or her 18th birthday has violated or attempted to violate,
15		regardless of where the act occurred, any federal, State,
16		county or municipal law or ordinance.
17		(4) "Department" means the Department of Human
18		Services unless specifically referenced as another
19		department.
20		(5) "Detention" means the temporary care of a minor who
21		is alleged to be or has been adjudicated delinquent and who
22		requires secure custody for the minor's own protection or
23		the community's protection in a facility designed to
24		physically restrict the minor's movements, pending
25		disposition by the court or execution of an order of the
26		court for placement or commitment. Design features that

HB4137 Engrossed - 810 - LRB099 07987 AMC 28127 b
1		physically restrict movement include, but are not limited
2		to, locked rooms and the secure handcuffing of a minor to a
3		rail or other stationary object. In addition, "detention"
4		includes the court ordered care of an alleged or
5		adjudicated delinquent minor who requires secure custody
6		pursuant to Section 5-125 of this Act.
7		(6) "Diversion" means the referral of a juvenile,
8		without court intervention, into a program that provides
9		services designed to educate the juvenile and develop a
10		productive and responsible approach to living in the
11		community.
12		(7) "Juvenile detention home" means a public facility
13		with specially trained staff that conforms to the county
14		juvenile detention standards adopted by the Department of
15		Juvenile Justice.
16		(8) "Juvenile justice continuum" means a set of
17		delinquency prevention programs and services designed for
18		the purpose of preventing or reducing delinquent acts,
19		including criminal activity by youth gangs, as well as
20		intervention, rehabilitation, and prevention services
21		targeted at minors who have committed delinquent acts, and
22		minors who have previously been committed to residential
23		treatment programs for delinquents. The term includes
24		children-in-need-of-services and
25		families-in-need-of-services programs; aftercare and
26		reentry services; substance abuse and mental health

HB4137 Engrossed - 811 - LRB099 07987 AMC 28127 b
1		programs; community service programs; community service
2		work programs; and alternative-dispute resolution programs
3		serving youth-at-risk of delinquency and their families,
4		whether offered or delivered by State or local governmental
5		entities, public or private for-profit or not-for-profit
6		organizations, or religious or charitable organizations.
7		This term would also encompass any program or service
8		consistent with the purpose of those programs and services
9		enumerated in this subsection.
10		(9) "Juvenile police officer" means a sworn police
11		officer who has completed a Basic Recruit Training Course,
12		has been assigned to the position of juvenile police
13		officer by his or her chief law enforcement officer and has
14		completed the necessary juvenile officers training as
15		prescribed by the Illinois Law Enforcement Training
16		Standards Board, or in the case of a State police officer,
17		juvenile officer training approved by the Director of State
18		Police.
19		(10) "Minor" means a person under the age of 21 years
20		subject to this Act.
21		(11) "Non-secure custody" means confinement where the
22		minor is not physically restricted by being placed in a
23		locked cell or room, by being handcuffed to a rail or other
24		stationary object, or by other means. Non-secure custody
25		may include, but is not limited to, electronic monitoring,
26		foster home placement, home confinement, group home

HB4137 Engrossed - 812 - LRB099 07987 AMC 28127 b
1		placement, or physical restriction of movement or activity
2		solely through facility staff.
3		(12) "Public or community service" means uncompensated
4		labor for a not-for-profit organization or public body
5		whose purpose is to enhance physical or mental stability of
6		the offender, environmental quality or the social welfare
7		and which agrees to accept public or community service from
8		offenders and to report on the progress of the offender and
9		the public or community service to the court or to the
10		authorized diversion program that has referred the
11		offender for public or community service. "Public or
12		community service" does not include blood donation or
13		assignment to labor at a blood bank. For the purposes of
14		this Act, "blood bank" has the meaning ascribed to the term
15		in Section 2-124 of the Illinois Clinical Laboratory and
16		Blood Bank Act.
17		(13) "Sentencing hearing" means a hearing to determine
18		whether a minor should be adjudged a ward of the court, and
19		to determine what sentence should be imposed on the minor.
20		It is the intent of the General Assembly that the term
21		"sentencing hearing" replace the term "dispositional
22		hearing" and be synonymous with that definition as it was
23		used in the Juvenile Court Act of 1987.
24		(14) "Shelter" means the temporary care of a minor in
25		physically unrestricting facilities pending court
26		disposition or execution of court order for placement.

HB4137 Engrossed - 813 - LRB099 07987 AMC 28127 b
1		(15) "Site" means a not-for-profit organization,
2		public body, church, charitable organization, or
3		individual agreeing to accept community service from
4		offenders and to report on the progress of ordered or
5		required public or community service to the court or to the
6		authorized diversion program that has referred the
7		offender for public or community service.
8		(16) "Station adjustment" means the informal or formal
9		handling of an alleged offender by a juvenile police
10		officer.
11		(17) "Trial" means a hearing to determine whether the
12		allegations of a petition under Section 5-520 that a minor
13		is delinquent are proved beyond a reasonable doubt. It is
14		the intent of the General Assembly that the term "trial"
15		replace the term "adjudicatory hearing" and be synonymous
16		with that definition as it was used in the Juvenile Court
17		Act of 1987.
18		The changes made to this Section by Public Act 98-61 apply
19		to violations or attempted violations committed on or after
20		January 1, 2014 (the effective date of Public Act 98-61).
21		(Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; 98-685,
22		eff. 1-1-15; 98-756, eff. 7-16-14; 98-824, eff. 1-1-15; revised
23		10-2-14.)
24		(705 ILCS 405/5-301)
25		Sec. 5-301. Station adjustments. A minor arrested for any

HB4137 Engrossed - 814 - LRB099 07987 AMC 28127 b
1		offense or a violation of a condition of previous station
2		adjustment may receive a station adjustment for that arrest as
3		provided herein. In deciding whether to impose a station
4		adjustment, either informal or formal, a juvenile police
5		officer shall consider the following factors:
6		(A) The seriousness of the alleged offense.
7		(B) The prior history of delinquency of the minor.
8		(C) The age of the minor.
9		(D) The culpability of the minor in committing the
10		alleged offense.
11		(E) Whether the offense was committed in an aggressive
12		or premeditated manner.
13		(F) Whether the minor used or possessed a deadly weapon
14		when committing the alleged offenses.
15		(1) Informal station adjustment.
16		(a) An informal station adjustment is defined as a
17		procedure when a juvenile police officer determines that
18		there is probable cause to believe that the minor has
19		committed an offense.
20		(b) A minor shall receive no more than 3 informal
21		station adjustments statewide for a misdemeanor offense
22		within 3 years without prior approval from the State's
23		Attorney's Office.
24		(c) A minor shall receive no more than 3 informal
25		station adjustments statewide for a felony offense within 3
26		years without prior approval from the State's Attorney's

HB4137 Engrossed - 815 - LRB099 07987 AMC 28127 b
1		Office.
2		(d) A minor shall receive a combined total of no more
3		than 5 informal station adjustments statewide during his or
4		her minority.
5		(e) The juvenile police officer may make reasonable
6		conditions of an informal station adjustment which may
7		include but are not limited to:
8		(i) Curfew.
9		(ii) Conditions restricting entry into designated
10		geographical areas.
11		(iii) No contact with specified persons.
12		(iv) School attendance.
13		(v) Performing up to 25 hours of community service
14		work.
15		(vi) Community mediation.
16		(vii) Teen court or a peer court.
17		(viii) Restitution limited to 90 days.
18		(f) If the minor refuses or fails to abide by the
19		conditions of an informal station adjustment, the juvenile
20		police officer may impose a formal station adjustment or
21		refer the matter to the State's Attorney's Office.
22		(g) An informal station adjustment does not constitute
23		an adjudication of delinquency or a criminal conviction.
24		Beginning January 1, 2000, a record shall be maintained
25		with the Department of State Police for informal station
26		adjustments for offenses that would be a felony if

HB4137 Engrossed - 816 - LRB099 07987 AMC 28127 b
1		committed by an adult, and may be maintained if the offense
2		would be a misdemeanor.
3		(2) Formal station adjustment.
4		(a) A formal station adjustment is defined as a
5		procedure when a juvenile police officer determines that
6		there is probable cause to believe the minor has committed
7		an offense and an admission by the minor of involvement in
8		the offense.
9		(b) The minor and parent, guardian, or legal custodian
10		must agree in writing to the formal station adjustment and
11		must be advised of the consequences of violation of any
12		term of the agreement.
13		(c) The minor and parent, guardian or legal custodian
14		shall be provided a copy of the signed agreement of the
15		formal station adjustment. The agreement shall include:
16		(i) The offense which formed the basis of the
17		formal station adjustment.
18		(ii) An acknowledgment that the terms of the formal
19		station adjustment and the consequences for violation
20		have been explained.
21		(iii) An acknowledgment that the formal station
22		adjustments record may be expunged under Section 5-915
23		of this Act.
24		(iv) An acknowledgement that the minor understands
25		that his or her admission of involvement in the offense
26		may be admitted into evidence in future court hearings.

HB4137 Engrossed - 817 - LRB099 07987 AMC 28127 b
1		(v) A statement that all parties understand the
2		terms and conditions of formal station adjustment and
3		agree to the formal station adjustment process.
4		(d) Conditions of the formal station adjustment may
5		include, but are not be limited to:
6		(i) The time shall not exceed 120 days.
7		(ii) The minor shall not violate any laws.
8		(iii) The juvenile police officer may require the
9		minor to comply with additional conditions for the
10		formal station adjustment which may include but are not
11		limited to:
12		(a) Attending school.
13		(b) Abiding by a set curfew.
14		(c) Payment of restitution.
15		(d) Refraining from possessing a firearm or
16		other weapon.
17		(e) Reporting to a police officer at
18		designated times and places, including reporting
19		and verification that the minor is at home at
20		designated hours.
21		(f) Performing up to 25 hours of community
22		service work.
23		(g) Refraining from entering designated
24		geographical areas.
25		(h) Participating in community mediation.
26		(i) Participating in teen court or peer court.

HB4137 Engrossed - 818 - LRB099 07987 AMC 28127 b
1		(j) Refraining from contact with specified
2		persons.
3		(e) A formal station adjustment does not constitute an
4		adjudication of delinquency or a criminal conviction.
5		Beginning January 1, 2000, a record shall be maintained
6		with the Department of State Police for formal station
7		adjustments.
8		(f) A minor or the minor's parent, guardian, or legal
9		custodian, or both the minor and the minor's parent,
10		guardian, or legal custodian, may refuse a formal station
11		adjustment and have the matter referred for court action or
12		other appropriate action.
13		(g) A minor or the minor's parent, guardian, or legal
14		custodian, or both the minor and the minor's parent,
15		guardian, or legal custodian, may within 30 days of the
16		commencement of the formal station adjustment revoke their
17		consent and have the matter referred for court action or
18		other appropriate action. This revocation must be in
19		writing and personally served upon the police officer or
20		his or her supervisor.
21		(h) The admission of the minor as to involvement in the
22		offense shall be admissible at further court hearings as
23		long as the statement would be admissible under the rules
24		of evidence.
25		(i) If the minor violates any term or condition of the
26		formal station adjustment the juvenile police officer

HB4137 Engrossed - 819 - LRB099 07987 AMC 28127 b
1		shall provide written notice of violation to the minor and
2		the minor's parent, guardian, or legal custodian. After
3		consultation with the minor and the minor's parent,
4		guardian, or legal custodian, the juvenile police officer
5		may take any of the following steps upon violation:
6		(i) Warn the minor of consequences of continued
7		violations and continue the formal station adjustment.
8		(ii) Extend the period of the formal station
9		adjustment up to a total of 180 days.
10		(iii) Extend the hours of community service work up
11		to a total of 40 hours.
12		(iv) Terminate the formal station adjustment
13		unsatisfactorily and take no other action.
14		(v) Terminate the formal station adjustment
15		unsatisfactorily and refer the matter to the juvenile
16		court.
17		(j) A minor shall receive no more than 2 formal station
18		adjustments statewide for a felony offense without the
19		State's Attorney's approval within a 3 year period.
20		(k) A minor shall receive no more than 3 formal station
21		adjustments statewide for a misdemeanor offense without
22		the State's Attorney's approval within a 3 year period.
23		(l) The total for formal station adjustments statewide
24		within the period of minority may not exceed 4 without the
25		State's Attorney's approval.
26		(m) If the minor is arrested in a jurisdiction where

HB4137 Engrossed - 820 - LRB099 07987 AMC 28127 b
1		the minor does not reside, the formal station adjustment
2		may be transferred to the jurisdiction where the minor does
3		reside upon written agreement of that jurisdiction to
4		monitor the formal station adjustment.
5		(3) Beginning January 1, 2000, the juvenile police officer
6		making a station adjustment shall assure that information about
7		any offense which would constitute a felony if committed by an
8		adult and may assure that information about a misdemeanor is
9		transmitted to the Department of State Police.
10		(4) The total number of station adjustments, both formal
11		and informal, shall not exceed 9 without the State's Attorney's
12		approval for any minor arrested anywhere in the State.
13		(Source: P.A. 90-590, eff. 1-1-99; revised 12-10-14.)
14		Section 485. The Criminal Code of 2012 is amended by
15		changing Sections 12-2, 33E-14, 36-1, and 36-2 as follows:
16		(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
17		Sec. 12-2. Aggravated assault.
18		(a) Offense based on location of conduct. A person commits
19		aggravated assault when he or she commits an assault against an
20		individual who is on or about a public way, public property, a
21		public place of accommodation or amusement, or a sports venue.
22		(b) Offense based on status of victim. A person commits
23		aggravated assault when, in committing an assault, he or she
24		knows the individual assaulted to be any of the following:

HB4137 Engrossed - 821 - LRB099 07987 AMC 28127 b
1		(1) A physically handicapped person or a person 60
2		years of age or older and the assault is without legal
3		justification.
4		(2) A teacher or school employee upon school grounds or
5		grounds adjacent to a school or in any part of a building
6		used for school purposes.
7		(3) A park district employee upon park grounds or
8		grounds adjacent to a park or in any part of a building
9		used for park purposes.
10		(4) A peace officer, community policing volunteer,
11		fireman, private security officer, emergency management
12		worker, emergency medical technician, or utility worker:
13		(i) performing his or her official duties;
14		(ii) assaulted to prevent performance of his or her
15		official duties; or
16		(iii) assaulted in retaliation for performing his
17		or her official duties.
18		(5) A correctional officer or probation officer:
19		(i) performing his or her official duties;
20		(ii) assaulted to prevent performance of his or her
21		official duties; or
22		(iii) assaulted in retaliation for performing his
23		or her official duties.
24		(6) A correctional institution employee, a county
25		juvenile detention center employee who provides direct and
26		continuous supervision of residents of a juvenile

HB4137 Engrossed - 822 - LRB099 07987 AMC 28127 b
1		detention center, including a county juvenile detention
2		center employee who supervises recreational activity for
3		residents of a juvenile detention center, or a Department
4		of Human Services employee, Department of Human Services
5		officer, or employee of a subcontractor of the Department
6		of Human Services supervising or controlling sexually
7		dangerous persons or sexually violent persons:
8		(i) performing his or her official duties;
9		(ii) assaulted to prevent performance of his or her
10		official duties; or
11		(iii) assaulted in retaliation for performing his
12		or her official duties.
13		(7) An employee of the State of Illinois, a municipal
14		corporation therein, or a political subdivision thereof,
15		performing his or her official duties.
16		(8) A transit employee performing his or her official
17		duties, or a transit passenger.
18		(9) A sports official or coach actively participating
19		in any level of athletic competition within a sports venue,
20		on an indoor playing field or outdoor playing field, or
21		within the immediate vicinity of such a facility or field.
22		(10) A person authorized to serve process under Section
23		2-202 of the Code of Civil Procedure or a special process
24		server appointed by the circuit court, while that
25		individual is in the performance of his or her duties as a
26		process server.

HB4137 Engrossed - 823 - LRB099 07987 AMC 28127 b
1		(c) Offense based on use of firearm, device, or motor
2		vehicle. A person commits aggravated assault when, in
3		committing an assault, he or she does any of the following:
4		(1) Uses a deadly weapon, an air rifle as defined in
5		Section 24.8-0.1 of this Act the Air Rifle Act, or any
6		device manufactured and designed to be substantially
7		similar in appearance to a firearm, other than by
8		discharging a firearm.
9		(2) Discharges a firearm, other than from a motor
10		vehicle.
11		(3) Discharges a firearm from a motor vehicle.
12		(4) Wears a hood, robe, or mask to conceal his or her
13		identity.
14		(5) Knowingly and without lawful justification shines
15		or flashes a laser gun sight or other laser device attached
16		to a firearm, or used in concert with a firearm, so that
17		the laser beam strikes near or in the immediate vicinity of
18		any person.
19		(6) Uses a firearm, other than by discharging the
20		firearm, against a peace officer, community policing
21		volunteer, fireman, private security officer, emergency
22		management worker, emergency medical technician, employee
23		of a police department, employee of a sheriff's department,
24		or traffic control municipal employee:
25		(i) performing his or her official duties;
26		(ii) assaulted to prevent performance of his or her

HB4137 Engrossed - 824 - LRB099 07987 AMC 28127 b
1		official duties; or
2		(iii) assaulted in retaliation for performing his
3		or her official duties.
4		(7) Without justification operates a motor vehicle in a
5		manner which places a person, other than a person listed in
6		subdivision (b)(4), in reasonable apprehension of being
7		struck by the moving motor vehicle.
8		(8) Without justification operates a motor vehicle in a
9		manner which places a person listed in subdivision (b)(4),
10		in reasonable apprehension of being struck by the moving
11		motor vehicle.
12		(9) Knowingly video or audio records the offense with
13		the intent to disseminate the recording.
14		(d) Sentence. Aggravated assault as defined in subdivision
15		(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
16		(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that
17		aggravated assault as defined in subdivision (b)(4) and (b)(7)
18		is a Class 4 felony if a Category I, Category II, or Category
19		III weapon is used in the commission of the assault. Aggravated
20		assault as defined in subdivision (b)(5), (b)(6), (b)(10),
21		(c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony.
22		Aggravated assault as defined in subdivision (c)(3) or (c)(8)
23		is a Class 3 felony.
24		(e) For the purposes of this Section, "Category I weapon",
25		"Category II weapon, and "Category III weapon" have the
26		meanings ascribed to those terms in Section 33A-1 of this Code.

HB4137 Engrossed - 825 - LRB099 07987 AMC 28127 b
1		(Source: P.A. 97-225, eff. 7-28-11; 97-313, eff. 1-1-12;
2		97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff.
3		1-1-14; revised 12-10-14.)
4		(720 ILCS 5/33E-14)
5		Sec. 33E-14. False statements on vendor applications.
6		(a) A person commits false statements on vendor
7		applications when he or she knowingly makes any false statement
8		or report, with the intent to influence in any way the action
9		of any unit of local government or school district in
10		considering a vendor application.
11		(b) Sentence. False statements on vendor applications is a
12		Class 3 felony.
13		(Source: P.A. 97-1108, eff. 1-1-13; revised 12-10-14.)
14		(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
15		Sec. 36-1. Seizure.
16		(a) Any vessel or watercraft, vehicle, or aircraft may be
17		seized and impounded by the law enforcement agency if the
18		vessel or watercraft, vehicle, or aircraft is used with the
19		knowledge and consent of the owner in the commission of, or in
20		the attempt to commit as defined in Section 8-4 of this Code,
21		an offense prohibited by:
22		(1) an offense prohibited by Section 9-1 (first degree
23		murder), Section 9-3 (involuntary manslaughter and
24		reckless homicide), Section 10-2 (aggravated kidnaping),

HB4137 Engrossed - 826 - LRB099 07987 AMC 28127 b
1		Section 11-1.20 (criminal sexual assault), Section 11-1.30
2		(aggravated criminal sexual assault), Section 11-1.40
3		(predatory criminal sexual assault of a child), subsection
4		(a) of Section 11-1.50 (criminal sexual abuse), subsection
5		(a), (c), or (d) of Section 11-1.60 (aggravated criminal
6		sexual abuse), Section 11-6 (indecent solicitation of a
7		child), Section 11-14.4 (promoting juvenile prostitution
8		except for keeping a place of juvenile prostitution),
9		Section 11-20.1 (child pornography), paragraph (a)(1),
10		(a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3),
11		(e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05
12		(aggravated battery), Section 12-7.3 (stalking), Section
13		12-7.4 (aggravated stalking), Section 16-1 (theft if the
14		theft is of precious metal or of scrap metal), subdivision
15		(f)(2) or (f)(3) of Section 16-25 (retail theft), Section
16		18-2 (armed robbery), Section 19-1 (burglary), Section
17		19-2 (possession of burglary tools), Section 19-3
18		(residential burglary), Section 20-1 (arson; residential
19		arson; place of worship arson), Section 20-2 (possession of
20		explosives or explosive or incendiary devices),
21		subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use
22		of weapons), Section 24-1.2 (aggravated discharge of a
23		firearm), Section 24-1.2-5 (aggravated discharge of a
24		machine gun or a firearm equipped with a device designed or
25		used for silencing the report of a firearm), Section 24-1.5
26		(reckless discharge of a firearm), Section 28-1

HB4137 Engrossed - 827 - LRB099 07987 AMC 28127 b
1		(gambling), or Section 29D-15.2 (possession of a deadly
2		substance) of this Code;
3		(2) an offense prohibited by Section 21, 22, 23, 24 or
4		26 of the Cigarette Tax Act if the vessel or watercraft,
5		vehicle, or aircraft contains more than 10 cartons of such
6		cigarettes;
7		(3) an offense prohibited by Section 28, 29, or 30 of
8		the Cigarette Use Tax Act if the vessel or watercraft,
9		vehicle, or aircraft contains more than 10 cartons of such
10		cigarettes;
11		(4) an offense prohibited by Section 44 of the
12		Environmental Protection Act;
13		(5) an offense prohibited by Section 11-204.1 of the
14		Illinois Vehicle Code (aggravated fleeing or attempting to
15		elude a peace officer);
16		(6) an offense prohibited by Section 11-501 of the
17		Illinois Vehicle Code (driving while under the influence of
18		alcohol or other drug or drugs, intoxicating compound or
19		compounds or any combination thereof) or a similar
20		provision of a local ordinance, and:
21		(A) during a period in which his or her driving
22		privileges are revoked or suspended if the revocation
23		or suspension was for:
24		(i) Section 11-501 (driving under the
25		influence of alcohol or other drug or drugs,
26		intoxicating compound or compounds or any

HB4137 Engrossed - 828 - LRB099 07987 AMC 28127 b
1		combination thereof),
2		(ii) Section 11-501.1 (statutory summary
3		suspension or revocation),
4		(iii) paragraph (b) of Section 11-401 (motor
5		vehicle accidents involving death or personal
6		injuries), or
7		(iv) reckless homicide as defined in Section
8		9-3 of this Code;
9		(B) has been previously convicted of reckless
10		homicide or a similar provision of a law of another
11		state relating to reckless homicide in which the person
12		was determined to have been under the influence of
13		alcohol, other drug or drugs, or intoxicating compound
14		or compounds as an element of the offense or the person
15		has previously been convicted of committing a
16		violation of driving under the influence of alcohol or
17		other drug or drugs, intoxicating compound or
18		compounds or any combination thereof and was involved
19		in a motor vehicle accident that resulted in death,
20		great bodily harm, or permanent disability or
21		disfigurement to another, when the violation was a
22		proximate cause of the death or injuries;
23		(C) the person committed a violation of driving
24		under the influence of alcohol or other drug or drugs,
25		intoxicating compound or compounds or any combination
26		thereof under Section 11-501 of the Illinois Vehicle

HB4137 Engrossed - 829 - LRB099 07987 AMC 28127 b
1		Code or a similar provision for the third or subsequent
2		time;
3		(D) he or she did not possess a valid driver's
4		license or permit or a valid restricted driving permit
5		or a valid judicial driving permit or a valid
6		monitoring device driving permit; or
7		(E) he or she knew or should have known that the
8		vehicle he or she was driving was not covered by a
9		liability insurance policy;
10		(7) an offense described in subsection (g) of Section
11		6-303 of the Illinois Vehicle Code;
12		(8) an offense described in subsection (e) of Section
13		6-101 of the Illinois Vehicle Code; or
14		(9)(A) (i) (1) operating a watercraft under the
15		influence of alcohol, other drug or drugs, intoxicating
16		compound or compounds, or combination thereof under
17		Section 5-16 of the Boat Registration and Safety Act during
18		a period in which his or her privileges to operate a
19		watercraft are revoked or suspended and the revocation or
20		suspension was for operating a watercraft under the
21		influence of alcohol, other drug or drugs, intoxicating
22		compound or compounds, or combination thereof; (B) (2)
23		operating a watercraft under the influence of alcohol,
24		other drug or drugs, intoxicating compound or compounds, or
25		combination thereof and has been previously convicted of
26		reckless homicide or a similar provision of a law in

HB4137 Engrossed - 830 - LRB099 07987 AMC 28127 b
1		another state relating to reckless homicide in which the
2		person was determined to have been under the influence of
3		alcohol, other drug or drugs, intoxicating compound or
4		compounds, or combination thereof as an element of the
5		offense or the person has previously been convicted of
6		committing a violation of operating a watercraft under the
7		influence of alcohol, other drug or drugs, intoxicating
8		compound or compounds, or combination thereof and was
9		involved in an accident that resulted in death, great
10		bodily harm, or permanent disability or disfigurement to
11		another, when the violation was a proximate cause of the
12		death or injuries; or (C) (3) the person committed a
13		violation of operating a watercraft under the influence of
14		alcohol, other drug or drugs, intoxicating compound or
15		compounds, or combination thereof under Section 5-16 of the
16		Boat Registration and Safety Act or a similar provision for
17		the third or subsequent time;. or watercraft or watercraft
18		(b) In addition, any mobile or portable equipment used in
19		the commission of an act which is in violation of Section 7g of
20		the Metropolitan Water Reclamation District Act shall be
21		subject to seizure and forfeiture under the same procedures
22		provided in this Article for the seizure and forfeiture of
23		vessels or watercraft, vehicles, and aircraft, and any such
24		equipment shall be deemed a vessel or watercraft, vehicle, or
25		aircraft for purposes of this Article.
26		(c) In addition, when a person discharges a firearm at

HB4137 Engrossed - 831 - LRB099 07987 AMC 28127 b
1		another individual from a vehicle with the knowledge and
2		consent of the owner of the vehicle and with the intent to
3		cause death or great bodily harm to that individual and as a
4		result causes death or great bodily harm to that individual,
5		the vehicle shall be subject to seizure and forfeiture under
6		the same procedures provided in this Article for the seizure
7		and forfeiture of vehicles used in violations of clauses (1),
8		(2), (3), or (4) of subsection (a) of this Section.
9		(d) If the spouse of the owner of a vehicle seized for an
10		offense described in subsection (g) of Section 6-303 of the
11		Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
12		(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
13		11-501 of the Illinois Vehicle Code, or Section 9-3 of this
14		Code makes a showing that the seized vehicle is the only source
15		of transportation and it is determined that the financial
16		hardship to the family as a result of the seizure outweighs the
17		benefit to the State from the seizure, the vehicle may be
18		forfeited to the spouse or family member and the title to the
19		vehicle shall be transferred to the spouse or family member who
20		is properly licensed and who requires the use of the vehicle
21		for employment or family transportation purposes. A written
22		declaration of forfeiture of a vehicle under this Section shall
23		be sufficient cause for the title to be transferred to the
24		spouse or family member. The provisions of this paragraph shall
25		apply only to one forfeiture per vehicle. If the vehicle is the
26		subject of a subsequent forfeiture proceeding by virtue of a

HB4137 Engrossed - 832 - LRB099 07987 AMC 28127 b
1		subsequent conviction of either spouse or the family member,
2		the spouse or family member to whom the vehicle was forfeited
3		under the first forfeiture proceeding may not utilize the
4		provisions of this paragraph in another forfeiture proceeding.
5		If the owner of the vehicle seized owns more than one vehicle,
6		the procedure set out in this paragraph may be used for only
7		one vehicle.
8		(e) In addition, property declared contraband under
9		Section 40 of the Illinois Streetgang Terrorism Omnibus
10		Prevention Act may be seized and forfeited under this Article.
11		(Source: P.A. 97-333, eff. 8-12-11; 97-1109, eff. 1-1-13;
12		97-1150, eff. 1-25-13; 98-699, eff. 1-1-15; 98-1020, eff.
13		8-22-14; revised 9-30-14.)
14		(720 ILCS 5/36-2) (from Ch. 38, par. 36-2)
15		Sec. 36-2. Action for forfeiture.
16		(a) The State's Attorney in the county in which such
17		seizure occurs if he or she finds that the forfeiture was
18		incurred without willful negligence or without any intention on
19		the part of the owner of the vessel or watercraft, vehicle or
20		aircraft or any person whose right, title or interest is of
21		record as described in Section 36-1, to violate the law, or
22		finds the existence of such mitigating circumstances as to
23		justify remission of the forfeiture, may cause the law
24		enforcement agency to remit the same upon such terms and
25		conditions as the State's Attorney deems reasonable and just.

HB4137 Engrossed - 833 - LRB099 07987 AMC 28127 b
1		The State's Attorney shall exercise his or her discretion under
2		the foregoing provision of this Section 36-2(a) prior to or
3		promptly after the preliminary review under Section 36-1.5.
4		(b) If the State's Attorney does not cause the forfeiture
5		to be remitted he or she shall forthwith bring an action for
6		forfeiture in the Circuit Court within whose jurisdiction the
7		seizure and confiscation has taken place. The State's Attorney
8		shall give notice of seizure and the forfeiture proceeding to
9		each person according to the following method: upon each person
10		whose right, title, or interest is of record in the office of
11		the Secretary of State, the Secretary of Transportation, the
12		Administrator of the Federal Aviation Agency, or any other
13		department of this State, or any other state of the United
14		States if the vessel or watercraft, vehicle, or aircraft is
15		required to be so registered, as the case may be, by delivering
16		the notice and complaint in open court or by certified mail to
17		the address as given upon the records of the Secretary of
18		State, the Division of Aeronautics of the Department of
19		Transportation, the Capital Development Board, or any other
20		department of this State or the United States if the vessel or
21		watercraft, vehicle, or aircraft is required to be so
22		registered.
23		(c) The owner of the seized vessel or watercraft, vehicle,
24		or aircraft or any person whose right, title, or interest is of
25		record as described in Section 36-1, may within 20 days after
26		delivery in open court or the mailing of such notice file a

HB4137 Engrossed - 834 - LRB099 07987 AMC 28127 b
1		verified answer to the Complaint and may appear at the hearing
2		on the action for forfeiture.
3		(d) The State shall show at such hearing by a preponderance
4		of the evidence, that such vessel or watercraft, vehicle, or
5		aircraft was used in the commission of an offense described in
6		Section 36-1.
7		(e) The owner of such vessel or watercraft, vehicle, or
8		aircraft or any person whose right, title, or interest is of
9		record as described in Section 36-1, may show by a
10		preponderance of the evidence that he did not know, and did not
11		have reason to know, that the vessel or watercraft, vehicle, or
12		aircraft was to be used in the commission of such an offense or
13		that any of the exceptions set forth in Section 36-3 are
14		applicable.
15		(f) Unless the State shall make such showing, the Court
16		shall order such vessel or watercraft, vehicle, or aircraft
17		released to the owner. Where the State has made such showing,
18		the Court may order the vessel or watercraft, vehicle, or
19		aircraft destroyed or may order it forfeited to any local,
20		municipal or county law enforcement agency, or the Department
21		of State Police or the Department of Revenue of the State of
22		Illinois.
23		(g) A copy of the order shall be filed with the law
24		enforcement agency, and with each Federal or State office or
25		agency with which such vessel or watercraft, vehicle, or
26		aircraft is required to be registered. Such order, when filed,

HB4137 Engrossed - 835 - LRB099 07987 AMC 28127 b
1		constitutes authority for the issuance of clear title to such
2		vessel or watercraft, vehicle, or aircraft, to the department
3		or agency to whom it is delivered or any purchaser thereof. The
4		law enforcement agency shall comply promptly with instructions
5		to remit received from the State's Attorney or Attorney General
6		in accordance with Sections 36-2(a) or 36-3.
7		(h) The proceeds of any sale at public auction pursuant to
8		Section 36-2 of this Act, after payment of all liens and
9		deduction of the reasonable charges and expenses incurred by
10		the State's Attorney's Office shall be paid to the law
11		enforcement agency having seized the vehicle for forfeiture.
12		(Source: P.A. 98-699, eff. 1-1-15; 98-1020, eff. 8-22-14;
13		revised 10-1-14.)
14		Section 490. The Cannabis Control Act is amended by
15		changing Section 15.2 as follows:
16		(720 ILCS 550/15.2)
17		Sec. 15.2. Industrial hemp pilot program.
18		(a) Pursuant to Section 7606 of the federal Agricultural
19		Act of 2014, an institution of higher education or the
20		Department of Agriculture may grow or cultivate industrial hemp
21		if:
22		(1) the industrial hemp is grown or cultivated for
23		purposes of research conducted under an agricultural pilot
24		program or other agricultural or academic research;

HB4137 Engrossed - 836 - LRB099 07987 AMC 28127 b
1		(2) the pilot program studies the growth, cultivation,
2		or marketing of industrial hemp; and
3		(3) any site used for the growing or cultivating of
4		industrial hemp is certified by, and registered with, the
5		Department of Agriculture.
6		(b) Before conducting industrial hemp research, an
7		institution of higher education shall notify the Department of
8		Agriculture and any local law enforcement agency in writing.
9		(c) The institution of higher education shall provide
10		quarterly reports and an annual report to the Department of
11		Agriculture on the research and the research program shall be
12		subject to random inspection by the Department of Agriculture,
13		the Department of State Police, or local law enforcement
14		agencies. The institution of higher education shall submit the
15		annual report to the Department of Agriculture on or before
16		October 1.
17		(d) The Department of Agriculture may adopt rules to
18		implement this Section. In order to provide for the expeditious
19		and timely implementation of this Section, upon notification by
20		an institution of higher education that the institution wishes
21		to engage in the growth or cultivation of industrial hemp for
22		agricultural research purposes, the Department of Agriculture
23		may adopt emergency rules under Section 5-45 of the Illinois
24		Administrative Procedure Act to implement the provisions of
25		this Section. If changes to the rules are required to comply
26		with federal rules, the Department of Agriculture may adopt

HB4137 Engrossed - 837 - LRB099 07987 AMC 28127 b
1		peremptory rules as necessary to comply with changes to
2		corresponding federal rules. All other rules that the
3		Department of Agriculture deems necessary to adopt in
4		connection with this Section must proceed through the ordinary
5		rule-making process. The adoption of emergency rules
6		authorized by this Section shall be deemed to be necessary for
7		the public interest, safety, and welfare.
8		The Department of Agriculture may determine, by rule, the
9		duration of an institution of higher education's pilot program
10		or industrial hemp research. If the institution of higher
11		education has not completed its program within the timeframe
12		established by rule, then the Department of Agriculture may
13		grant an extension to the pilot program if unanticipated
14		circumstances arose that impacted the program.
15		(e) As used in this Section:
16		"Industrial hemp" means cannabis sativa L. having no more
17		than 0.3% total THC available, upon heating, or maximum delta-9
18		tetrahydrocannabinol content possible.
19		"Institution of higher education" means a State
20		institution of higher education that offers a 4-year degree in
21		agricultural science.
22		(Source: P.A. 98-1072, eff. 1-1-15; revised 12-10-14.)
23		Section 495. The Illinois Controlled Substances Act is
24		amended by changing Sections 102 and 312 as follows:

HB4137 Engrossed - 838 - LRB099 07987 AMC 28127 b
1		(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
2		Sec. 102. Definitions. As used in this Act, unless the
3		context otherwise requires:
4		(a) "Addict" means any person who habitually uses any drug,
5		chemical, substance or dangerous drug other than alcohol so as
6		to endanger the public morals, health, safety or welfare or who
7		is so far addicted to the use of a dangerous drug or controlled
8		substance other than alcohol as to have lost the power of self
9		control with reference to his or her addiction.
10		(b) "Administer" means the direct application of a
11		controlled substance, whether by injection, inhalation,
12		ingestion, or any other means, to the body of a patient,
13		research subject, or animal (as defined by the Humane
14		Euthanasia in Animal Shelters Act) by:
15		(1) a practitioner (or, in his or her presence, by his
16		or her authorized agent),
17		(2) the patient or research subject pursuant to an
18		order, or
19		(3) a euthanasia technician as defined by the Humane
20		Euthanasia in Animal Shelters Act.
21		(c) "Agent" means an authorized person who acts on behalf
22		of or at the direction of a manufacturer, distributor,
23		dispenser, prescriber, or practitioner. It does not include a
24		common or contract carrier, public warehouseman or employee of
25		the carrier or warehouseman.
26		(c-1) "Anabolic Steroids" means any drug or hormonal

HB4137 Engrossed - 839 - LRB099 07987 AMC 28127 b
1		substance, chemically and pharmacologically related to
2		testosterone (other than estrogens, progestins,
3		corticosteroids, and dehydroepiandrosterone), and includes:
4		(i) 3[beta],17-dihydroxy-5a-androstane,
5		(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
6		(iii) 5[alpha]-androstan-3,17-dione,
7		(iv) 1-androstenediol (3[beta],
8		17[beta]-dihydroxy-5[alpha]-androst-1-ene),
9		(v) 1-androstenediol (3[alpha],
10		17[beta]-dihydroxy-5[alpha]-androst-1-ene),
11		(vi) 4-androstenediol
12		(3[beta],17[beta]-dihydroxy-androst-4-ene),
13		(vii) 5-androstenediol
14		(3[beta],17[beta]-dihydroxy-androst-5-ene),
15		(viii) 1-androstenedione
16		([5alpha]-androst-1-en-3,17-dione),
17		(ix) 4-androstenedione
18		(androst-4-en-3,17-dione),
19		(x) 5-androstenedione
20		(androst-5-en-3,17-dione),
21		(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
22		hydroxyandrost-4-en-3-one),
23		(xii) boldenone (17[beta]-hydroxyandrost-
24		1,4,-diene-3-one),
25		(xiii) boldione (androsta-1,4-
26		diene-3,17-dione),

HB4137 Engrossed - 840 - LRB099 07987 AMC 28127 b
1		(xiv) calusterone (7[beta],17[alpha]-dimethyl-17
2		[beta]-hydroxyandrost-4-en-3-one),
3		(xv) clostebol (4-chloro-17[beta]-
4		hydroxyandrost-4-en-3-one),
5		(xvi) dehydrochloromethyltestosterone (4-chloro-
6		17[beta]-hydroxy-17[alpha]-methyl-
7		androst-1,4-dien-3-one),
8		(xvii) desoxymethyltestosterone
9		(17[alpha]-methyl-5[alpha]
10		-androst-2-en-17[beta]-ol)(a.k.a., madol),
11		(xviii) [delta]1-dihydrotestosterone (a.k.a.
12		'1-testosterone') (17[beta]-hydroxy-
13		5[alpha]-androst-1-en-3-one),
14		(xix) 4-dihydrotestosterone (17[beta]-hydroxy-
15		androstan-3-one),
16		(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
17		5[alpha]-androstan-3-one),
18		(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
19		hydroxyestr-4-ene),
20		(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
21		1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
22		(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
23		17[beta]-dihydroxyandrost-1,4-dien-3-one),
24		(xxiv) furazabol (17[alpha]-methyl-17[beta]-
25		hydroxyandrostano[2,3-c]-furazan),
26		(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one)

HB4137 Engrossed - 841 - LRB099 07987 AMC 28127 b
1		(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
2		androst-4-en-3-one),
3		(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
4		dihydroxy-estr-4-en-3-one),
5		(xxviii) mestanolone (17[alpha]-methyl-17[beta]-
6		hydroxy-5-androstan-3-one),
7		(xxix) mesterolone (1amethyl-17[beta]-hydroxy-
8		[5a]-androstan-3-one),
9		(xxx) methandienone (17[alpha]-methyl-17[beta]-
10		hydroxyandrost-1,4-dien-3-one),
11		(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
12		dihydroxyandrost-5-ene),
13		(xxxii) methenolone (1-methyl-17[beta]-hydroxy-
14		5[alpha]-androst-1-en-3-one),
15		(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
16		dihydroxy-5a-androstane),
17		(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
18		-5a-androstane),
19		(xxxv) 17[alpha]-methyl-3[beta],17[beta]-
20		dihydroxyandrost-4-ene),
21		(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
22		methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
23		(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
24		hydroxyestra-4,9(10)-dien-3-one),
25		(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
26		hydroxyestra-4,9-11-trien-3-one),

HB4137 Engrossed - 842 - LRB099 07987 AMC 28127 b
1		(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
2		hydroxyandrost-4-en-3-one),
3		(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
4		hydroxyestr-4-en-3-one),
5		(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
6		(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
7		androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
8		1-testosterone'),
9		(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
10		(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
11		dihydroxyestr-4-ene),
12		(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
13		dihydroxyestr-4-ene),
14		(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
15		dihydroxyestr-5-ene),
16		(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
17		dihydroxyestr-5-ene),
18		(xlvii) 19-nor-4,9(10)-androstadienedione
19		(estra-4,9(10)-diene-3,17-dione),
20		(xlviii) 19-nor-4-androstenedione (estr-4-
21		en-3,17-dione),
22		(xlix) 19-nor-5-androstenedione (estr-5-
23		en-3,17-dione),
24		(l) norbolethone (13[beta], 17a-diethyl-17[beta]-
25		hydroxygon-4-en-3-one),
26		(li) norclostebol (4-chloro-17[beta]-

HB4137 Engrossed - 843 - LRB099 07987 AMC 28127 b
1		hydroxyestr-4-en-3-one),
2		(lii) norethandrolone (17[alpha]-ethyl-17[beta]-
3		hydroxyestr-4-en-3-one),
4		(liii) normethandrolone (17[alpha]-methyl-17[beta]-
5		hydroxyestr-4-en-3-one),
6		(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
7		2-oxa-5[alpha]-androstan-3-one),
8		(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
9		dihydroxyandrost-4-en-3-one),
10		(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
11		17[beta]-hydroxy-(5[alpha]-androstan-3-one),
12		(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
13		(5[alpha]-androst-2-eno[3,2-c]-pyrazole),
14		(lviii) stenbolone (17[beta]-hydroxy-2-methyl-
15		(5[alpha]-androst-1-en-3-one),
16		(lix) testolactone (13-hydroxy-3-oxo-13,17-
17		secoandrosta-1,4-dien-17-oic
18		acid lactone),
19		(lx) testosterone (17[beta]-hydroxyandrost-
20		4-en-3-one),
21		(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
22		diethyl-17[beta]-hydroxygon-
23		4,9,11-trien-3-one),
24		(lxii) trenbolone (17[beta]-hydroxyestr-4,9,
25		11-trien-3-one).
26		Any person who is otherwise lawfully in possession of an

HB4137 Engrossed - 844 - LRB099 07987 AMC 28127 b
1		anabolic steroid, or who otherwise lawfully manufactures,
2		distributes, dispenses, delivers, or possesses with intent to
3		deliver an anabolic steroid, which anabolic steroid is
4		expressly intended for and lawfully allowed to be administered
5		through implants to livestock or other nonhuman species, and
6		which is approved by the Secretary of Health and Human Services
7		for such administration, and which the person intends to
8		administer or have administered through such implants, shall
9		not be considered to be in unauthorized possession or to
10		unlawfully manufacture, distribute, dispense, deliver, or
11		possess with intent to deliver such anabolic steroid for
12		purposes of this Act.
13		(d) "Administration" means the Drug Enforcement
14		Administration, United States Department of Justice, or its
15		successor agency.
16		(d-5) "Clinical Director, Prescription Monitoring Program"
17		means a Department of Human Services administrative employee
18		licensed to either prescribe or dispense controlled substances
19		who shall run the clinical aspects of the Department of Human
20		Services Prescription Monitoring Program and its Prescription
21		Information Library.
22		(d-10) "Compounding" means the preparation and mixing of
23		components, excluding flavorings, (1) as the result of a
24		prescriber's prescription drug order or initiative based on the
25		prescriber-patient-pharmacist relationship in the course of
26		professional practice or (2) for the purpose of, or incident

HB4137 Engrossed - 845 - LRB099 07987 AMC 28127 b
1		to, research, teaching, or chemical analysis and not for sale
2		or dispensing. "Compounding" includes the preparation of drugs
3		or devices in anticipation of receiving prescription drug
4		orders based on routine, regularly observed dispensing
5		patterns. Commercially available products may be compounded
6		for dispensing to individual patients only if both of the
7		following conditions are met: (i) the commercial product is not
8		reasonably available from normal distribution channels in a
9		timely manner to meet the patient's needs and (ii) the
10		prescribing practitioner has requested that the drug be
11		compounded.
12		(e) "Control" means to add a drug or other substance, or
13		immediate precursor, to a Schedule whether by transfer from
14		another Schedule or otherwise.
15		(f) "Controlled Substance" means (i) a drug, substance, or
16		immediate precursor in the Schedules of Article II of this Act
17		or (ii) a drug or other substance, or immediate precursor,
18		designated as a controlled substance by the Department through
19		administrative rule. The term does not include distilled
20		spirits, wine, malt beverages, or tobacco, as those terms are
21		defined or used in the Liquor Control Act of 1934 and the
22		Tobacco Products Tax Act of 1995.
23		(f-5) "Controlled substance analog" means a substance:
24		(1) the chemical structure of which is substantially
25		similar to the chemical structure of a controlled substance
26		in Schedule I or II;

HB4137 Engrossed - 846 - LRB099 07987 AMC 28127 b
1		(2) which has a stimulant, depressant, or
2		hallucinogenic effect on the central nervous system that is
3		substantially similar to or greater than the stimulant,
4		depressant, or hallucinogenic effect on the central
5		nervous system of a controlled substance in Schedule I or
6		II; or
7		(3) with respect to a particular person, which such
8		person represents or intends to have a stimulant,
9		depressant, or hallucinogenic effect on the central
10		nervous system that is substantially similar to or greater
11		than the stimulant, depressant, or hallucinogenic effect
12		on the central nervous system of a controlled substance in
13		Schedule I or II.
14		(g) "Counterfeit substance" means a controlled substance,
15		which, or the container or labeling of which, without
16		authorization bears the trademark, trade name, or other
17		identifying mark, imprint, number or device, or any likeness
18		thereof, of a manufacturer, distributor, or dispenser other
19		than the person who in fact manufactured, distributed, or
20		dispensed the substance.
21		(h) "Deliver" or "delivery" means the actual, constructive
22		or attempted transfer of possession of a controlled substance,
23		with or without consideration, whether or not there is an
24		agency relationship.
25		(i) "Department" means the Illinois Department of Human
26		Services (as successor to the Department of Alcoholism and

HB4137 Engrossed - 847 - LRB099 07987 AMC 28127 b
1		Substance Abuse) or its successor agency.
2		(j) (Blank).
3		(k) "Department of Corrections" means the Department of
4		Corrections of the State of Illinois or its successor agency.
5		(l) "Department of Financial and Professional Regulation"
6		means the Department of Financial and Professional Regulation
7		of the State of Illinois or its successor agency.
8		(m) "Depressant" means any drug that (i) causes an overall
9		depression of central nervous system functions, (ii) causes
10		impaired consciousness and awareness, and (iii) can be
11		habit-forming or lead to a substance abuse problem, including
12		but not limited to alcohol, cannabis and its active principles
13		and their analogs, benzodiazepines and their analogs,
14		barbiturates and their analogs, opioids (natural and
15		synthetic) and their analogs, and chloral hydrate and similar
16		sedative hypnotics.
17		(n) (Blank).
18		(o) "Director" means the Director of the Illinois State
19		Police or his or her designated agents.
20		(p) "Dispense" means to deliver a controlled substance to
21		an ultimate user or research subject by or pursuant to the
22		lawful order of a prescriber, including the prescribing,
23		administering, packaging, labeling, or compounding necessary
24		to prepare the substance for that delivery.
25		(q) "Dispenser" means a practitioner who dispenses.
26		(r) "Distribute" means to deliver, other than by

HB4137 Engrossed - 848 - LRB099 07987 AMC 28127 b
1		administering or dispensing, a controlled substance.
2		(s) "Distributor" means a person who distributes.
3		(t) "Drug" means (1) substances recognized as drugs in the
4		official United States Pharmacopoeia, Official Homeopathic
5		Pharmacopoeia of the United States, or official National
6		Formulary, or any supplement to any of them; (2) substances
7		intended for use in diagnosis, cure, mitigation, treatment, or
8		prevention of disease in man or animals; (3) substances (other
9		than food) intended to affect the structure of any function of
10		the body of man or animals and (4) substances intended for use
11		as a component of any article specified in clause (1), (2), or
12		(3) of this subsection. It does not include devices or their
13		components, parts, or accessories.
14		(t-5) "Euthanasia agency" means an entity certified by the
15		Department of Financial and Professional Regulation for the
16		purpose of animal euthanasia that holds an animal control
17		facility license or animal shelter license under the Animal
18		Welfare Act. A euthanasia agency is authorized to purchase,
19		store, possess, and utilize Schedule II nonnarcotic and
20		Schedule III nonnarcotic drugs for the sole purpose of animal
21		euthanasia.
22		(t-10) "Euthanasia drugs" means Schedule II or Schedule III
23		substances (nonnarcotic controlled substances) that are used
24		by a euthanasia agency for the purpose of animal euthanasia.
25		(u) "Good faith" means the prescribing or dispensing of a
26		controlled substance by a practitioner in the regular course of

HB4137 Engrossed - 849 - LRB099 07987 AMC 28127 b
1		professional treatment to or for any person who is under his or
2		her treatment for a pathology or condition other than that
3		individual's physical or psychological dependence upon or
4		addiction to a controlled substance, except as provided herein:
5		and application of the term to a pharmacist shall mean the
6		dispensing of a controlled substance pursuant to the
7		prescriber's order which in the professional judgment of the
8		pharmacist is lawful. The pharmacist shall be guided by
9		accepted professional standards including, but not limited to
10		the following, in making the judgment:
11		(1) lack of consistency of prescriber-patient
12		relationship,
13		(2) frequency of prescriptions for same drug by one
14		prescriber for large numbers of patients,
15		(3) quantities beyond those normally prescribed,
16		(4) unusual dosages (recognizing that there may be
17		clinical circumstances where more or less than the usual
18		dose may be used legitimately),
19		(5) unusual geographic distances between patient,
20		pharmacist and prescriber,
21		(6) consistent prescribing of habit-forming drugs.
22		(u-0.5) "Hallucinogen" means a drug that causes markedly
23		altered sensory perception leading to hallucinations of any
24		type.
25		(u-1) "Home infusion services" means services provided by a
26		pharmacy in compounding solutions for direct administration to

HB4137 Engrossed - 850 - LRB099 07987 AMC 28127 b
1		a patient in a private residence, long-term care facility, or
2		hospice setting by means of parenteral, intravenous,
3		intramuscular, subcutaneous, or intraspinal infusion.
4		(u-5) "Illinois State Police" means the State Police of the
5		State of Illinois, or its successor agency.
6		(v) "Immediate precursor" means a substance:
7		(1) which the Department has found to be and by rule
8		designated as being a principal compound used, or produced
9		primarily for use, in the manufacture of a controlled
10		substance;
11		(2) which is an immediate chemical intermediary used or
12		likely to be used in the manufacture of such controlled
13		substance; and
14		(3) the control of which is necessary to prevent,
15		curtail or limit the manufacture of such controlled
16		substance.
17		(w) "Instructional activities" means the acts of teaching,
18		educating or instructing by practitioners using controlled
19		substances within educational facilities approved by the State
20		Board of Education or its successor agency.
21		(x) "Local authorities" means a duly organized State,
22		County or Municipal peace unit or police force.
23		(y) "Look-alike substance" means a substance, other than a
24		controlled substance which (1) by overall dosage unit
25		appearance, including shape, color, size, markings or lack
26		thereof, taste, consistency, or any other identifying physical

HB4137 Engrossed - 851 - LRB099 07987 AMC 28127 b
1		characteristic of the substance, would lead a reasonable person
2		to believe that the substance is a controlled substance, or (2)
3		is expressly or impliedly represented to be a controlled
4		substance or is distributed under circumstances which would
5		lead a reasonable person to believe that the substance is a
6		controlled substance. For the purpose of determining whether
7		the representations made or the circumstances of the
8		distribution would lead a reasonable person to believe the
9		substance to be a controlled substance under this clause (2) of
10		subsection (y), the court or other authority may consider the
11		following factors in addition to any other factor that may be
12		relevant:
13		(a) statements made by the owner or person in control
14		of the substance concerning its nature, use or effect;
15		(b) statements made to the buyer or recipient that the
16		substance may be resold for profit;
17		(c) whether the substance is packaged in a manner
18		normally used for the illegal distribution of controlled
19		substances;
20		(d) whether the distribution or attempted distribution
21		included an exchange of or demand for money or other
22		property as consideration, and whether the amount of the
23		consideration was substantially greater than the
24		reasonable retail market value of the substance.
25		Clause (1) of this subsection (y) shall not apply to a
26		noncontrolled substance in its finished dosage form that was

HB4137 Engrossed - 852 - LRB099 07987 AMC 28127 b
1		initially introduced into commerce prior to the initial
2		introduction into commerce of a controlled substance in its
3		finished dosage form which it may substantially resemble.
4		Nothing in this subsection (y) prohibits the dispensing or
5		distributing of noncontrolled substances by persons authorized
6		to dispense and distribute controlled substances under this
7		Act, provided that such action would be deemed to be carried
8		out in good faith under subsection (u) if the substances
9		involved were controlled substances.
10		Nothing in this subsection (y) or in this Act prohibits the
11		manufacture, preparation, propagation, compounding,
12		processing, packaging, advertising or distribution of a drug or
13		drugs by any person registered pursuant to Section 510 of the
14		Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
15		(y-1) "Mail-order pharmacy" means a pharmacy that is
16		located in a state of the United States that delivers,
17		dispenses or distributes, through the United States Postal
18		Service or other common carrier, to Illinois residents, any
19		substance which requires a prescription.
20		(z) "Manufacture" means the production, preparation,
21		propagation, compounding, conversion or processing of a
22		controlled substance other than methamphetamine, either
23		directly or indirectly, by extraction from substances of
24		natural origin, or independently by means of chemical
25		synthesis, or by a combination of extraction and chemical
26		synthesis, and includes any packaging or repackaging of the

HB4137 Engrossed - 853 - LRB099 07987 AMC 28127 b
1		substance or labeling of its container, except that this term
2		does not include:
3		(1) by an ultimate user, the preparation or compounding
4		of a controlled substance for his or her own use; or
5		(2) by a practitioner, or his or her authorized agent
6		under his or her supervision, the preparation,
7		compounding, packaging, or labeling of a controlled
8		substance:
9		(a) as an incident to his or her administering or
10		dispensing of a controlled substance in the course of
11		his or her professional practice; or
12		(b) as an incident to lawful research, teaching or
13		chemical analysis and not for sale.
14		(z-1) (Blank).
15		(z-5) "Medication shopping" means the conduct prohibited
16		under subsection (a) of Section 314.5 of this Act.
17		(z-10) "Mid-level practitioner" means (i) a physician
18		assistant who has been delegated authority to prescribe through
19		a written delegation of authority by a physician licensed to
20		practice medicine in all of its branches, in accordance with
21		Section 7.5 of the Physician Assistant Practice Act of 1987,
22		(ii) an advanced practice nurse who has been delegated
23		authority to prescribe through a written delegation of
24		authority by a physician licensed to practice medicine in all
25		of its branches or by a podiatric physician, in accordance with
26		Section 65-40 of the Nurse Practice Act, (iii) an animal

HB4137 Engrossed - 854 - LRB099 07987 AMC 28127 b
1		euthanasia agency, or (iv) a prescribing psychologist.
2		(aa) "Narcotic drug" means any of the following, whether
3		produced directly or indirectly by extraction from substances
4		of vegetable origin, or independently by means of chemical
5		synthesis, or by a combination of extraction and chemical
6		synthesis:
7		(1) opium, opiates, derivatives of opium and opiates,
8		including their isomers, esters, ethers, salts, and salts
9		of isomers, esters, and ethers, whenever the existence of
10		such isomers, esters, ethers, and salts is possible within
11		the specific chemical designation; however the term
12		"narcotic drug" does not include the isoquinoline
13		alkaloids of opium;
14		(2) (blank);
15		(3) opium poppy and poppy straw;
16		(4) coca leaves, except coca leaves and extracts of
17		coca leaves from which substantially all of the cocaine and
18		ecgonine, and their isomers, derivatives and salts, have
19		been removed;
20		(5) cocaine, its salts, optical and geometric isomers,
21		and salts of isomers;
22		(6) ecgonine, its derivatives, their salts, isomers,
23		and salts of isomers;
24		(7) any compound, mixture, or preparation which
25		contains any quantity of any of the substances referred to
26		in subparagraphs (1) through (6).

HB4137 Engrossed - 855 - LRB099 07987 AMC 28127 b
1		(bb) "Nurse" means a registered nurse licensed under the
2		Nurse Practice Act.
3		(cc) (Blank).
4		(dd) "Opiate" means any substance having an addiction
5		forming or addiction sustaining liability similar to morphine
6		or being capable of conversion into a drug having addiction
7		forming or addiction sustaining liability.
8		(ee) "Opium poppy" means the plant of the species Papaver
9		somniferum L., except its seeds.
10		(ee-5) "Oral dosage" means a tablet, capsule, elixir, or
11		solution or other liquid form of medication intended for
12		administration by mouth, but the term does not include a form
13		of medication intended for buccal, sublingual, or transmucosal
14		administration.
15		(ff) "Parole and Pardon Board" means the Parole and Pardon
16		Board of the State of Illinois or its successor agency.
17		(gg) "Person" means any individual, corporation,
18		mail-order pharmacy, government or governmental subdivision or
19		agency, business trust, estate, trust, partnership or
20		association, or any other entity.
21		(hh) "Pharmacist" means any person who holds a license or
22		certificate of registration as a registered pharmacist, a local
23		registered pharmacist or a registered assistant pharmacist
24		under the Pharmacy Practice Act.
25		(ii) "Pharmacy" means any store, ship or other place in
26		which pharmacy is authorized to be practiced under the Pharmacy

HB4137 Engrossed - 856 - LRB099 07987 AMC 28127 b
1		Practice Act.
2		(ii-5) "Pharmacy shopping" means the conduct prohibited
3		under subsection (b) of Section 314.5 of this Act.
4		(ii-10) "Physician" (except when the context otherwise
5		requires) means a person licensed to practice medicine in all
6		of its branches.
7		(jj) "Poppy straw" means all parts, except the seeds, of
8		the opium poppy, after mowing.
9		(kk) "Practitioner" means a physician licensed to practice
10		medicine in all its branches, dentist, optometrist, podiatric
11		physician, veterinarian, scientific investigator, pharmacist,
12		physician assistant, advanced practice nurse, licensed
13		practical nurse, registered nurse, hospital, laboratory, or
14		pharmacy, or other person licensed, registered, or otherwise
15		lawfully permitted by the United States or this State to
16		distribute, dispense, conduct research with respect to,
17		administer or use in teaching or chemical analysis, a
18		controlled substance in the course of professional practice or
19		research.
20		(ll) "Pre-printed prescription" means a written
21		prescription upon which the designated drug has been indicated
22		prior to the time of issuance; the term does not mean a written
23		prescription that is individually generated by machine or
24		computer in the prescriber's office.
25		(mm) "Prescriber" means a physician licensed to practice
26		medicine in all its branches, dentist, optometrist,

HB4137 Engrossed - 857 - LRB099 07987 AMC 28127 b
1		prescribing psychologist licensed under Section 4.2 of the
2		Clinical Psychologist Licensing Act with prescriptive
3		authority delegated under Section 4.3 of the Clinical
4		Psychologist Licensing Act, podiatric physician, or
5		veterinarian who issues a prescription, a physician assistant
6		who issues a prescription for a controlled substance in
7		accordance with Section 303.05, a written delegation, and a
8		written supervision agreement required under Section 7.5 of the
9		Physician Assistant Practice Act of 1987, or an advanced
10		practice nurse with prescriptive authority delegated under
11		Section 65-40 of the Nurse Practice Act and in accordance with
12		Section 303.05, a written delegation, and a written
13		collaborative agreement under Section 65-35 of the Nurse
14		Practice Act.
15		(nn) "Prescription" means a written, facsimile, or oral
16		order, or an electronic order that complies with applicable
17		federal requirements, of a physician licensed to practice
18		medicine in all its branches, dentist, podiatric physician or
19		veterinarian for any controlled substance, of an optometrist
20		for a Schedule II, III, IV, or V controlled substance in
21		accordance with Section 15.1 of the Illinois Optometric
22		Practice Act of 1987, of a prescribing psychologist licensed
23		under Section 4.2 of the Clinical Psychologist Licensing Act
24		with prescriptive authority delegated under Section 4.3 of the
25		Clinical Psychologist Licensing Act, of a physician assistant
26		for a controlled substance in accordance with Section 303.05, a

HB4137 Engrossed - 858 - LRB099 07987 AMC 28127 b
1		written delegation, and a written supervision agreement
2		required under Section 7.5 of the Physician Assistant Practice
3		Act of 1987, or of an advanced practice nurse with prescriptive
4		authority delegated under Section 65-40 of the Nurse Practice
5		Act who issues a prescription for a controlled substance in
6		accordance with Section 303.05, a written delegation, and a
7		written collaborative agreement under Section 65-35 of the
8		Nurse Practice Act when required by law.
9		(nn-5) "Prescription Information Library" (PIL) means an
10		electronic library that contains reported controlled substance
11		data.
12		(nn-10) "Prescription Monitoring Program" (PMP) means the
13		entity that collects, tracks, and stores reported data on
14		controlled substances and select drugs pursuant to Section 316.
15		(oo) "Production" or "produce" means manufacture,
16		planting, cultivating, growing, or harvesting of a controlled
17		substance other than methamphetamine.
18		(pp) "Registrant" means every person who is required to
19		register under Section 302 of this Act.
20		(qq) "Registry number" means the number assigned to each
21		person authorized to handle controlled substances under the
22		laws of the United States and of this State.
23		(qq-5) "Secretary" means, as the context requires, either
24		the Secretary of the Department or the Secretary of the
25		Department of Financial and Professional Regulation, and the
26		Secretary's designated agents.

HB4137 Engrossed - 859 - LRB099 07987 AMC 28127 b
1		(rr) "State" includes the State of Illinois and any state,
2		district, commonwealth, territory, insular possession thereof,
3		and any area subject to the legal authority of the United
4		States of America.
5		(rr-5) "Stimulant" means any drug that (i) causes an
6		overall excitation of central nervous system functions, (ii)
7		causes impaired consciousness and awareness, and (iii) can be
8		habit-forming or lead to a substance abuse problem, including
9		but not limited to amphetamines and their analogs,
10		methylphenidate and its analogs, cocaine, and phencyclidine
11		and its analogs.
12		(ss) "Ultimate user" means a person who lawfully possesses
13		a controlled substance for his or her own use or for the use of
14		a member of his or her household or for administering to an
15		animal owned by him or her or by a member of his or her
16		household.
17		(Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; 98-668,
18		eff. 6-25-14; 98-756, eff. 7-16-14; 98-1111, eff. 8-26-14;
19		revised 10-1-14.)
20		(720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
21		Sec. 312. Requirements for dispensing controlled
22		substances.
23		(a) A practitioner, in good faith, may dispense a Schedule
24		II controlled substance, which is a narcotic drug listed in
25		Section 206 of this Act; or which contains any quantity of

HB4137 Engrossed - 860 - LRB099 07987 AMC 28127 b
1		amphetamine or methamphetamine, their salts, optical isomers
2		or salts of optical isomers; phenmetrazine and its salts; or
3		pentazocine; and Schedule III, IV, or V controlled substances
4		to any person upon a written or electronic prescription of any
5		prescriber, dated and signed by the person prescribing (or
6		electronically validated in compliance with Section 311.5) on
7		the day when issued and bearing the name and address of the
8		patient for whom, or the owner of the animal for which the
9		controlled substance is dispensed, and the full name, address
10		and registry number under the laws of the United States
11		relating to controlled substances of the prescriber, if he or
12		she is required by those laws to be registered. If the
13		prescription is for an animal it shall state the species of
14		animal for which it is ordered. The practitioner filling the
15		prescription shall, unless otherwise permitted, write the date
16		of filling and his or her own signature on the face of the
17		written prescription or, alternatively, shall indicate such
18		filling using a unique identifier as defined in paragraph (v)
19		of Section 3 of the Pharmacy Practice Act. The written
20		prescription shall be retained on file by the practitioner who
21		filled it or pharmacy in which the prescription was filled for
22		a period of 2 years, so as to be readily accessible for
23		inspection or removal by any officer or employee engaged in the
24		enforcement of this Act. Whenever the practitioner's or
25		pharmacy's copy of any prescription is removed by an officer or
26		employee engaged in the enforcement of this Act, for the

HB4137 Engrossed - 861 - LRB099 07987 AMC 28127 b
1		purpose of investigation or as evidence, such officer or
2		employee shall give to the practitioner or pharmacy a receipt
3		in lieu thereof. If the specific prescription is machine or
4		computer generated and printed at the prescriber's office, the
5		date does not need to be handwritten. A prescription for a
6		Schedule II controlled substance shall not be issued for more
7		than a 30 day supply, except as provided in subsection (a-5),
8		and shall be valid for up to 90 days after the date of
9		issuance. A written prescription for Schedule III, IV or V
10		controlled substances shall not be filled or refilled more than
11		6 months after the date thereof or refilled more than 5 times
12		unless renewed, in writing, by the prescriber.
13		(a-5) Physicians may issue multiple prescriptions (3
14		sequential 30-day supplies) for the same Schedule II controlled
15		substance, authorizing up to a 90-day supply. Before
16		authorizing a 90-day supply of a Schedule II controlled
17		substance, the physician must meet both of the following
18		conditions:
19		(1) Each separate prescription must be issued for a
20		legitimate medical purpose by an individual physician
21		acting in the usual course of professional practice.
22		(2) The individual physician must provide written
23		instructions on each prescription (other than the first
24		prescription, if the prescribing physician intends for the
25		prescription to be filled immediately) indicating the
26		earliest date on which a pharmacy may fill that

HB4137 Engrossed - 862 - LRB099 07987 AMC 28127 b
1		prescription.
2		(b) In lieu of a written prescription required by this
3		Section, a pharmacist, in good faith, may dispense Schedule
4		III, IV, or V substances to any person either upon receiving a
5		facsimile of a written, signed prescription transmitted by the
6		prescriber or the prescriber's agent or upon a lawful oral
7		prescription of a prescriber which oral prescription shall be
8		reduced promptly to writing by the pharmacist and such written
9		memorandum thereof shall be dated on the day when such oral
10		prescription is received by the pharmacist and shall bear the
11		full name and address of the ultimate user for whom, or of the
12		owner of the animal for which the controlled substance is
13		dispensed, and the full name, address, and registry number
14		under the law of the United States relating to controlled
15		substances of the prescriber prescribing if he or she is
16		required by those laws to be so registered, and the pharmacist
17		filling such oral prescription shall write the date of filling
18		and his or her own signature on the face of such written
19		memorandum thereof. The facsimile copy of the prescription or
20		written memorandum of the oral prescription shall be retained
21		on file by the proprietor of the pharmacy in which it is filled
22		for a period of not less than two years, so as to be readily
23		accessible for inspection by any officer or employee engaged in
24		the enforcement of this Act in the same manner as a written
25		prescription. The facsimile copy of the prescription or oral
26		prescription and the written memorandum thereof shall not be

HB4137 Engrossed - 863 - LRB099 07987 AMC 28127 b
1		filled or refilled more than 6 months after the date thereof or
2		be refilled more than 5 times, unless renewed, in writing, by
3		the prescriber.
4		(c) Except for any non-prescription targeted
5		methamphetamine precursor regulated by the Methamphetamine
6		Precursor Control Act, a controlled substance included in
7		Schedule V shall not be distributed or dispensed other than for
8		a medical purpose and not for the purpose of evading this Act,
9		and then:
10		(1) only personally by a person registered to dispense
11		a Schedule V controlled substance and then only to his or
12		her patients, or
13		(2) only personally by a pharmacist, and then only to a
14		person over 21 years of age who has identified himself or
15		herself to the pharmacist by means of 2 positive documents
16		of identification.
17		(3) the dispenser shall record the name and address of
18		the purchaser, the name and quantity of the product, the
19		date and time of the sale, and the dispenser's signature.
20		(4) no person shall purchase or be dispensed more than
21		120 milliliters or more than 120 grams of any Schedule V
22		substance which contains codeine, dihydrocodeine, or any
23		salts thereof, or ethylmorphine, or any salts thereof, in
24		any 96 hour period. The purchaser shall sign a form,
25		approved by the Department of Financial and Professional
26		Regulation, attesting that he or she has not purchased any

HB4137 Engrossed - 864 - LRB099 07987 AMC 28127 b
1		Schedule V controlled substances within the immediately
2		preceding 96 hours.
3		(5) (Blank).
4		(6) all records of purchases and sales shall be
5		maintained for not less than 2 years.
6		(7) no person shall obtain or attempt to obtain within
7		any consecutive 96 hour period any Schedule V substances of
8		more than 120 milliliters or more than 120 grams containing
9		codeine, dihydrocodeine or any of its salts, or
10		ethylmorphine or any of its salts. Any person obtaining any
11		such preparations or combination of preparations in excess
12		of this limitation shall be in unlawful possession of such
13		controlled substance.
14		(8) a person qualified to dispense controlled
15		substances under this Act and registered thereunder shall
16		at no time maintain or keep in stock a quantity of Schedule
17		V controlled substances in excess of 4.5 liters for each
18		substance; a pharmacy shall at no time maintain or keep in
19		stock a quantity of Schedule V controlled substances as
20		defined in excess of 4.5 liters for each substance, plus
21		the additional quantity of controlled substances necessary
22		to fill the largest number of prescription orders filled by
23		that pharmacy for such controlled substances in any one
24		week in the previous year. These limitations shall not
25		apply to Schedule V controlled substances which Federal law
26		prohibits from being dispensed without a prescription.

HB4137 Engrossed - 865 - LRB099 07987 AMC 28127 b
1		(9) no person shall distribute or dispense butyl
2		nitrite for inhalation or other introduction into the human
3		body for euphoric or physical effect.
4		(d) Every practitioner shall keep a record or log of
5		controlled substances received by him or her and a record of
6		all such controlled substances administered, dispensed or
7		professionally used by him or her otherwise than by
8		prescription. It shall, however, be sufficient compliance with
9		this paragraph if any practitioner utilizing controlled
10		substances listed in Schedules III, IV and V shall keep a
11		record of all those substances dispensed and distributed by him
12		or her other than those controlled substances which are
13		administered by the direct application of a controlled
14		substance, whether by injection, inhalation, ingestion, or any
15		other means to the body of a patient or research subject. A
16		practitioner who dispenses, other than by administering, a
17		controlled substance in Schedule II, which is a narcotic drug
18		listed in Section 206 of this Act, or which contains any
19		quantity of amphetamine or methamphetamine, their salts,
20		optical isomers or salts of optical isomers, pentazocine, or
21		methaqualone shall do so only upon the issuance of a written
22		prescription blank or electronic prescription issued by a
23		prescriber.
24		(e) Whenever a manufacturer distributes a controlled
25		substance in a package prepared by him or her, and whenever a
26		wholesale distributor distributes a controlled substance in a

HB4137 Engrossed - 866 - LRB099 07987 AMC 28127 b
1		package prepared by him or her or the manufacturer, he or she
2		shall securely affix to each package in which that substance is
3		contained a label showing in legible English the name and
4		address of the manufacturer, the distributor and the quantity,
5		kind and form of controlled substance contained therein. No
6		person except a pharmacist and only for the purposes of filling
7		a prescription under this Act, shall alter, deface or remove
8		any label so affixed.
9		(f) Whenever a practitioner dispenses any controlled
10		substance except a non-prescription Schedule V product or a
11		non-prescription targeted methamphetamine precursor regulated
12		by the Methamphetamine Precursor Control Act, he or she shall
13		affix to the container in which such substance is sold or
14		dispensed, a label indicating the date of initial filling, the
15		practitioner's name and address, the name of the patient, the
16		name of the prescriber, the directions for use and cautionary
17		statements, if any, contained in any prescription or required
18		by law, the proprietary name or names or the established name
19		of the controlled substance, and the dosage and quantity,
20		except as otherwise authorized by regulation by the Department
21		of Financial and Professional Regulation. No person shall
22		alter, deface or remove any label so affixed as long as the
23		specific medication remains in the container.
24		(g) A person to whom or for whose use any controlled
25		substance has been prescribed or dispensed by a practitioner,
26		or other persons authorized under this Act, and the owner of

HB4137 Engrossed - 867 - LRB099 07987 AMC 28127 b
1		any animal for which such substance has been prescribed or
2		dispensed by a veterinarian, may lawfully possess such
3		substance only in the container in which it was delivered to
4		him or her by the person dispensing such substance.
5		(h) The responsibility for the proper prescribing or
6		dispensing of controlled substances that are under the
7		prescriber's direct control is upon the prescriber. The
8		responsibility for the proper filling of a prescription for
9		controlled substance drugs rests with the pharmacist. An order
10		purporting to be a prescription issued to any individual, which
11		is not in the regular course of professional treatment nor part
12		of an authorized methadone maintenance program, nor in
13		legitimate and authorized research instituted by any
14		accredited hospital, educational institution, charitable
15		foundation, or federal, state or local governmental agency, and
16		which is intended to provide that individual with controlled
17		substances sufficient to maintain that individual's or any
18		other individual's physical or psychological addiction,
19		habitual or customary use, dependence, or diversion of that
20		controlled substance is not a prescription within the meaning
21		and intent of this Act; and the person issuing it, shall be
22		subject to the penalties provided for violations of the law
23		relating to controlled substances.
24		(i) A prescriber shall not pre-print preprint or cause to
25		be pre-printed preprinted a prescription for any controlled
26		substance; nor shall any practitioner issue, fill or cause to

HB4137 Engrossed - 868 - LRB099 07987 AMC 28127 b
1		be issued or filled, a pre-printed preprinted prescription for
2		any controlled substance.
3		(i-5) A prescriber may use a machine or electronic device
4		to individually generate a printed prescription, but the
5		prescriber is still required to affix his or her manual
6		signature.
7		(j) No person shall manufacture, dispense, deliver,
8		possess with intent to deliver, prescribe, or administer or
9		cause to be administered under his or her direction any
10		anabolic steroid, for any use in humans other than the
11		treatment of disease in accordance with the order of a
12		physician licensed to practice medicine in all its branches for
13		a valid medical purpose in the course of professional practice.
14		The use of anabolic steroids for the purpose of hormonal
15		manipulation that is intended to increase muscle mass, strength
16		or weight without a medical necessity to do so, or for the
17		intended purpose of improving physical appearance or
18		performance in any form of exercise, sport, or game, is not a
19		valid medical purpose or in the course of professional
20		practice.
21		(k) Controlled substances may be mailed if all of the
22		following conditions are met:
23		(1) The controlled substances are not outwardly
24		dangerous and are not likely, of their own force, to cause
25		injury to a person's life or health.
26		(2) The inner container of a parcel containing

HB4137 Engrossed - 869 - LRB099 07987 AMC 28127 b
1		controlled substances must be marked and sealed as required
2		under this Act and its rules, and be placed in a plain
3		outer container or securely wrapped in plain paper.
4		(3) If the controlled substances consist of
5		prescription medicines, the inner container must be
6		labeled to show the name and address of the pharmacy or
7		practitioner dispensing the prescription.
8		(4) The outside wrapper or container must be free of
9		markings that would indicate the nature of the contents.
10		(Source: P.A. 96-166, eff. 1-1-10; 97-334, eff. 1-1-12; revised
11		12-10-14.)
12		Section 500. The Code of Criminal Procedure of 1963 is
13		amended by changing Sections 104-18, 108-4, 109-1, 109-1.1, and
14		122-2.2 as follows:
15		(725 ILCS 5/104-18) (from Ch. 38, par. 104-18)
16		Sec. 104-18. Progress Reports.
17		(a) The treatment supervisor shall submit a written
18		progress report to the court, the State, and the defense:
19		(1) At least 7 days prior to the date for any hearing
20		on the issue of the defendant's fitness;
21		(2) Whenever he believes that the defendant has
22		attained fitness;
23		(3) Whenever he believes that there is not a
24		substantial probability that the defendant will attain

HB4137 Engrossed - 870 - LRB099 07987 AMC 28127 b
1		fitness, with treatment, within the time period set in
2		subsection (e) of Section 104-17 of this Code from the date
3		of the original finding of unfitness.
4		(b) The progress report shall contain:
5		(1) The clinical findings of the treatment supervisor
6		and the facts upon which the findings are based;
7		(2) The opinion of the treatment supervisor as to
8		whether the defendant has attained fitness or as to whether
9		the defendant is making progress, under treatment, toward
10		attaining fitness within the time period set in subsection
11		(e) of Section 104-17 of this Code from the date of the
12		original finding of unfitness;
13		(3) If the defendant is receiving medication,
14		information from the prescribing physician indicating the
15		type, the dosage and the effect of the medication on the
16		defendant's appearance, actions and demeanor.
17		(c) Whenever the court is sent a report from the supervisor
18		of the defendant's treatment under paragraph (2) of subsection
19		(a) of this Section, the treatment provider shall arrange with
20		the court for the return of the defendant to the county jail
21		before the time frame specified in subsection (a) of Section
22		104-20 of this Code.
23		(Source: P.A. 97-1020, eff. 8-17-12; 98-944, eff. 8-15-14;
24		98-1025, eff. 8-22-14; revised 10-1-14.)
25		(725 ILCS 5/108-4) (from Ch. 38, par. 108-4)

HB4137 Engrossed - 871 - LRB099 07987 AMC 28127 b
1		Sec. 108-4. Issuance of search warrant.
2		(a) All warrants upon written complaint shall state the
3		time and date of issuance and be the warrants of the judge
4		issuing the same and not the warrants of the court in which he
5		or she is then sitting and these warrants need not bear the
6		seal of the court or clerk thereof. The complaint on which the
7		warrant is issued need not be filed with the clerk of the court
8		nor with the court if there is no clerk until the warrant has
9		been executed or has been returned "not executed".
10		The search warrant upon written complaint may be issued
11		electronically or electromagnetically by use of electronic
12		mail or a facsimile transmission machine and this warrant shall
13		have the same validity as a written search warrant.
14		(b) Warrant upon oral testimony.
15		(1) General rule. When the offense in connection with
16		which a search warrant is sought constitutes terrorism or
17		any related offense as defined in Article 29D of the
18		Criminal Code of 2012, and if the circumstances make it
19		reasonable to dispense, in whole or in part, with a written
20		affidavit, a judge may issue a warrant based upon sworn
21		testimony communicated by telephone or other appropriate
22		means, including facsimile transmission.
23		(2) Application. The person who is requesting the
24		warrant shall prepare a document to be known as a duplicate
25		original warrant and shall read such duplicate original
26		warrant, verbatim, to the judge. The judge shall enter,

HB4137 Engrossed - 872 - LRB099 07987 AMC 28127 b
1		verbatim, what is so read to the judge on a document to be
2		known as the original warrant. The judge may direct that
3		the warrant be modified.
4		(3) Issuance. If the judge is satisfied that the
5		offense in connection with which the search warrant is
6		sought constitutes terrorism or any related offense as
7		defined in Article 29D of the Criminal Code of 2012, that
8		the circumstances are such as to make it reasonable to
9		dispense with a written affidavit, and that grounds for the
10		application exist or that there is probable cause to
11		believe that they exist, the judge shall order the issuance
12		of a warrant by directing the person requesting the warrant
13		to sign the judge's name on the duplicate original warrant.
14		The judge shall immediately sign the original warrant and
15		enter on the face of the original warrant the exact time
16		when the warrant was ordered to be issued. The finding of
17		probable cause for a warrant upon oral testimony may be
18		based on the same kind of evidence as is sufficient for a
19		warrant upon affidavit.
20		(4) Recording and certification of testimony. When a
21		caller informs the judge that the purpose of the call is to
22		request a warrant, the judge shall immediately place under
23		oath each person whose testimony forms a basis of the
24		application and each person applying for that warrant. If a
25		voice recording device is available, the judge shall record
26		by means of the device all of the call after the caller

HB4137 Engrossed - 873 - LRB099 07987 AMC 28127 b
1		informs the judge that the purpose of the call is to
2		request a warrant, otherwise a stenographic or longhand
3		verbatim record shall be made. If a voice recording device
4		is used or a stenographic record made, the judge shall have
5		the record transcribed, shall certify the accuracy of the
6		transcription, and shall file a copy of the original record
7		and the transcription with the court. If a longhand
8		verbatim record is made, the judge shall file a signed copy
9		with the court.
10		(5) Contents. The contents of a warrant upon oral
11		testimony shall be the same as the contents of a warrant
12		upon affidavit.
13		(6) Additional rule for execution. The person who
14		executes the warrant shall enter the exact time of
15		execution on the face of the duplicate original warrant.
16		(7) Motion to suppress based on failure to obtain a
17		written affidavit. Evidence obtained pursuant to a warrant
18		issued under this subsection (b) is not subject to a motion
19		to suppress on the ground that the circumstances were not
20		such as to make it reasonable to dispense with a written
21		affidavit, absent a finding of bad faith. All other grounds
22		to move to suppress are preserved.
23		(8) This subsection (b) is inoperative on and after
24		January 1, 2005.
25		(9) No evidence obtained pursuant to this subsection
26		(b) shall be inadmissible in a court of law by virtue of

HB4137 Engrossed - 874 - LRB099 07987 AMC 28127 b
1		subdivision (8).
2		(c) Warrant upon testimony by simultaneous video and audio
3		transmission.
4		(1) General rule. When a search warrant is sought and
5		the request is made by electronic means that has a
6		simultaneous video and audio transmission between the
7		requestor and a judge, the judge may issue a search warrant
8		based upon sworn testimony communicated in the
9		transmission.
10		(2) Application. The requestor shall prepare a
11		document to be known as a duplicate original warrant, and
12		(A) if circumstances allow, the requestor shall
13		transmit a copy of the warrant together with a
14		complaint for search warrant to the judge by facsimile,
15		email, or other reliable electronic means; or
16		(B) if circumstances make transmission under
17		subparagraph (A) of this paragraph (2) impracticable,
18		the requestor shall read the duplicate original
19		warrant, verbatim, to the judge after being placed
20		under oath as provided in paragraph (4) of this
21		subsection (c). The judge shall enter, verbatim, what
22		is so read to the judge on a document in the judge's
23		possession.
24		Under both subparagraphs (A) and (B), the document in
25		possession of the judge shall be known as the original
26		warrant. The judge may direct that the warrant be modified.

HB4137 Engrossed - 875 - LRB099 07987 AMC 28127 b
1		(3) Issuance. If the judge is satisfied that grounds
2		for the application exist or that there is probable cause
3		to believe that grounds exist, the judge shall order the
4		issuance of a warrant by directing the requestor to sign
5		the judge's name on the duplicate original warrant, place
6		the requestor's initials below the judge's name, and enter
7		on the face of the duplicate original warrant the exact
8		date and time when the warrant was ordered to be issued.
9		The judge shall immediately sign the original warrant and
10		enter on the face of the original warrant the exact date
11		and time when the warrant was ordered to be issued. The
12		finding of probable cause for a warrant under this
13		subsection (c) may be based on the same kind of evidence as
14		is sufficient for a warrant under subsection (a).
15		(4) Recording and certification of testimony. When a
16		requestor initiates a request for search warrant under this
17		subsection (c), and after the requestor informs the judge
18		that the purpose of the communication is to request a
19		warrant, the judge shall place under oath each person whose
20		testimony forms a basis of the application and each person
21		applying for that warrant. A record of the facts upon which
22		the judge based his or her decision to issue a warrant must
23		be made and filed with the court, together with the
24		original warrant.
25		(A) When the requestor has provided the judge with
26		a written complaint for search warrant under

HB4137 Engrossed - 876 - LRB099 07987 AMC 28127 b
1		subparagraph (A) of paragraph (2) of this subsection
2		(c) and the judge has sworn the complainant to the
3		facts contained in the complaint for search warrant but
4		has taken no other oral testimony from any person that
5		is essential to establishing probable cause, the judge
6		must acknowledge the attestation in writing on the
7		complaint and file this acknowledged complaint with
8		the court.
9		(B) When the requestor has not provided the judge
10		with a written complaint for search warrant, or when
11		the judge has taken oral testimony essential to
12		establishing probable cause not contained in the
13		written complaint for search warrant, the essential
14		facts in the oral testimony that form the basis of the
15		judge's decision to issue the warrant shall be included
16		in the record together with the written complaint, if
17		any. If a recording device is used or a stenographic
18		record is made, the judge shall have the record
19		transcribed, shall certify the accuracy of the
20		transcription, and shall file a copy of the original
21		record and the transcription with the court. If a
22		longhand record is made, the judge shall file a signed
23		copy with the court.
24		The material to be filed need not be filed until the
25		warrant has been executed or has been returned "not
26		executed".

HB4137 Engrossed - 877 - LRB099 07987 AMC 28127 b
1		(5) Contents. The contents of a warrant under this
2		subsection (c) shall be the same as the contents of a
3		warrant upon affidavit. A warrant under this subsection is
4		a warrant of the judge issuing the same and not the warrant
5		of the court in which he or she is then sitting and these
6		warrants need not bear the seal of the court or the clerk
7		of the court.
8		(6) Additional rule for execution. The person who
9		executes the warrant shall enter the exact time of
10		execution on the face of the duplicate original warrant.
11		(7) Motion to suppress based on failure to obtain a
12		written affidavit. Evidence obtained under a warrant
13		issued under this subsection (c) is not subject to a motion
14		to suppress on the ground that the circumstances were not
15		such as to make it reasonable to dispense with a written
16		affidavit, absent a finding of bad faith. All other grounds
17		to move to suppress are preserved.
18		(d) The Chief Judge of the circuit court or presiding judge
19		in the issuing jurisdiction shall, by local rule, create a
20		standard practice for the filing or other retention of
21		documents or recordings produced under this Section.
22		(Source: P.A. 97-1150, eff. 1-25-13; 98-829, eff. 8-1-14;
23		98-905, eff. 1-1-15; revised 10-1-14.)
24		(725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
25		Sec. 109-1. Person arrested.

HB4137 Engrossed - 878 - LRB099 07987 AMC 28127 b
1		(a) A person arrested with or without a warrant shall be
2		taken without unnecessary delay before the nearest and most
3		accessible judge in that county, except when such county is a
4		participant in a regional jail authority, in which event such
5		person may be taken to the nearest and most accessible judge,
6		irrespective of the county where such judge presides, and a
7		charge shall be filed. Whenever a person arrested either with
8		or without a warrant is required to be taken before a judge, a
9		charge may be filed against such person by way of a two-way
10		closed circuit television system, except that a hearing to deny
11		bail to the defendant may not be conducted by way of closed
12		circuit television.
13		(b) The judge shall:
14		(1) Inform the defendant of the charge against him and
15		shall provide him with a copy of the charge;
16		(2) Advise the defendant of his right to counsel and if
17		indigent shall appoint a public defender or licensed
18		attorney at law of this State to represent him in
19		accordance with the provisions of Section 113-3 of this
20		Code;
21		(3) Schedule a preliminary hearing in appropriate
22		cases;
23		(4) Admit the defendant to bail in accordance with the
24		provisions of Article 110 of this Code; and
25		(5) Order the confiscation of the person's passport or
26		impose travel restrictions on a defendant arrested for

HB4137 Engrossed - 879 - LRB099 07987 AMC 28127 b
1		first degree murder or other violent crime as defined in
2		Section 3 of the Rights of Crime Victims and Witnesses Act,
3		if the judge determines, based on the factors in Section
4		110-5 of this Code, that this will reasonably ensure assure
5		the appearance of the defendant and compliance by the
6		defendant with all conditions of release.
7		(c) The court may issue an order of protection in
8		accordance with the provisions of Article 112A of this Code.
9		(Source: P.A. 97-813, eff. 7-13-12; 98-143, eff. 1-1-14;
10		revised 12-10-14.)
11		(725 ILCS 5/109-1.1) (from Ch. 38, par. 109-1.1)
12		Sec. 109-1.1. (1) Whenever a person arrested either with or
13		without a warrant is taken before a judge as provided for in
14		Sections 107-9(d)(6) and 109-1(a), the judge shall ask the
15		arrestee whether he or she has any children under 18 years old
16		living with him or her who may be neglected as a result of the
17		arrest, incarceration or otherwise. If the judge has reasonable
18		cause to believe that a child may be a neglected child as
19		defined in the Abused and Neglected Child Care Reporting Act,
20		he shall instruct a probation officer to report it immediately
21		to the Department of Children and Family Services as provided
22		in that Act.
23		(Source: P.A. 82-228; revised 12-10-14.)
24		(725 ILCS 5/122-2.2)

HB4137 Engrossed - 880 - LRB099 07987 AMC 28127 b
1		Sec. 122-2.2. Intellectual disability and post-conviction
2		relief.
3		(a) In cases where no determination of an intellectual
4		disability was made and a defendant has been convicted of
5		first-degree murder, sentenced to death, and is in custody
6		pending execution of the sentence of death, the following
7		procedures shall apply:
8		(1) Notwithstanding any other provision of law or rule
9		of court, a defendant may seek relief from the death
10		sentence through a petition for post-conviction relief
11		under this Article alleging that the defendant was
12		intellectually disabled as defined in Section 114-15 at the
13		time the offense was alleged to have been committed.
14		(2) The petition must be filed within 180 days of the
15		effective date of this amendatory Act of the 93rd General
16		Assembly or within 180 days of the issuance of the mandate
17		by the Illinois Supreme Court setting the date of
18		execution, whichever is later.
19		(b) (3) All other provisions of this Article governing
20		petitions for post-conviction relief shall apply to a petition
21		for post-conviction relief alleging an intellectual
22		disability.
23		(Source: P.A. 97-227, eff. 1-1-12; revised 12-10-14.)
24		Section 505. The State Appellate Defender Act is amended by
25		changing Section 10 as follows:

HB4137 Engrossed - 881 - LRB099 07987 AMC 28127 b
1		(725 ILCS 105/10) (from Ch. 38, par. 208-10)
2		Sec. 10. Powers and duties of State Appellate Defender.
3		(a) The State Appellate Defender shall represent indigent
4		persons on appeal in criminal and delinquent minor proceedings,
5		when appointed to do so by a court under a Supreme Court Rule
6		or law of this State.
7		(b) The State Appellate Defender shall submit a budget for
8		the approval of the State Appellate Defender Commission.
9		(c) The State Appellate Defender may:
10		(1) maintain a panel of private attorneys available to
11		serve as counsel on a case basis;
12		(2) establish programs, alone or in conjunction with
13		law schools, for the purpose of utilizing volunteer law
14		students as legal assistants;
15		(3) cooperate and consult with state agencies,
16		professional associations, and other groups concerning the
17		causes of criminal conduct, the rehabilitation and
18		correction of persons charged with and convicted of crime,
19		the administration of criminal justice, and, in counties of
20		less than 1,000,000 population, study, design, develop and
21		implement model systems for the delivery of trial level
22		defender services, and make an annual report to the General
23		Assembly;
24		(4) hire investigators to provide investigative
25		services to appointed counsel and county public defenders;

HB4137 Engrossed - 882 - LRB099 07987 AMC 28127 b
1		(5) (blank); (Blank.)
2		(5.5) provide training to county public defenders;
3		(5.7) provide county public defenders with the
4		assistance of expert witnesses and investigators from
5		funds appropriated to the State Appellate Defender
6		specifically for that purpose by the General Assembly. The
7		Office of the State Appellate Defender shall not be
8		appointed to act as trial counsel;
9		(6) develop a Juvenile Defender Resource Center to: (i)
10		study, design, develop, and implement model systems for the
11		delivery of trial level defender services for juveniles in
12		the justice system; (ii) in cases in which a sentence of
13		incarceration or an adult sentence, or both, is an
14		authorized disposition, provide trial counsel with legal
15		advice and the assistance of expert witnesses and
16		investigators from funds appropriated to the Office of the
17		State Appellate Defender by the General Assembly
18		specifically for that purpose; (iii) develop and provide
19		training to public defenders on juvenile justice issues,
20		utilizing resources including the State and local bar
21		associations, the Illinois Public Defender Association,
22		law schools, the Midwest Juvenile Defender Center, and pro
23		bono efforts by law firms; and (iv) make an annual report
24		to the General Assembly.
25		(d) (Blank.).
26		(e) The requirement for reporting to the General Assembly

HB4137 Engrossed - 883 - LRB099 07987 AMC 28127 b
1		shall be satisfied by filing copies of the report with the
2		Speaker, the Minority Leader and the Clerk of the House of
3		Representatives and the President, the Minority Leader and the
4		Secretary of the Senate and the Legislative Research Unit, as
5		required by Section 3.1 of the General Assembly Organization
6		Act and filing such additional copies with the State Government
7		Report Distribution Center for the General Assembly as is
8		required under paragraph (t) of Section 7 of the State Library
9		Act.
10		(Source: P.A. 96-1148, eff. 7-21-10; 97-1003, eff. 8-17-12;
11		revised 12-10-14.)
12		Section 510. The Gang Crime Witness Protection Act of 2013
13		is amended by changing Section 15 as follows:
14		(725 ILCS 173/15)
15		Sec. 15. Funding. The Illinois Criminal Justice
16		Information Authority, in consultation with the Attorney
17		General, shall adopt rules for the implementation of the Gang
18		Crime Witness Protection Program. Assistance shall be subject
19		to the following limitations:
20		(a) Funds shall be limited to payment of the following:
21		(1) temporary living costs;
22		(2) moving expenses;
23		(3) rent;
24		(4) security deposits; and

HB4137 Engrossed - 884 - LRB099 07987 AMC 28127 b
1		(5) other appropriate expenses of relocation or
2		transition;
3		(b) Approval of applications made by State's Attorneys
4		shall be conditioned upon county funding for costs at a
5		level of at least 25%, unless this requirement is waived by
6		the administrator, in accordance with adopted rules, for
7		good cause shown;
8		(c) Counties providing assistance consistent with the
9		limitations in this Act may apply for reimbursement of up
10		to 75% of their costs; and
11		(d) No more than 50% of funding available in any given
12		fiscal year may be used for costs associated with any
13		single county; and .
14		(e) Before the Illinois Criminal Justice Information
15		Authority distributes moneys from the Gang Crime Witness
16		Protection Program Fund as provided in this Section, it
17		shall retain 2% of those moneys for administrative
18		purposes.
19		(Source: P.A. 98-58, eff. 7-8-13; revised 12-10-14.)
20		Section 515. The Unified Code of Corrections is amended by
21		changing Sections 3-2.7-25, 3-2.7-50, 3-10-2, 5-6-1, 5-6-2,
22		and 5-6-3.1 as follows:
23		(730 ILCS 5/3-2.7-25)
24		Sec. 3-2.7-25. Duties and powers.

HB4137 Engrossed - 885 - LRB099 07987 AMC 28127 b
1		(a) The Independent Juvenile Ombudsman shall function
2		independently within the Department of Juvenile Justice with
3		respect to the operations of the Office in performance of his
4		or her duties under this Article and shall report to the
5		Governor. The Ombudsman shall adopt rules and standards as may
6		be necessary or desirable to carry out his or her duties.
7		Funding for the Office shall be designated separately within
8		Department funds. The Department shall provide necessary
9		administrative services and facilities to the Office of the
10		Independent Juvenile Ombudsman.
11		(b) The Office of Independent Juvenile Ombudsman shall have
12		the following duties:
13		(1) review and monitor the implementation of the rules
14		and standards established by the Department of Juvenile
15		Justice and evaluate the delivery of services to youth to
16		ensure that the rights of youth are fully observed;
17		(2) provide assistance to a youth or family whom who
18		the Ombudsman determines is in need of assistance,
19		including advocating with an agency, provider, or other
20		person in the best interests of the youth;
21		(3) investigate and attempt to resolve complaints made
22		by or on behalf of youth, other than complaints alleging
23		criminal behavior or violations of the State Officials and
24		Employees Employee Ethics Act, if the Office determines
25		that the investigation and resolution would further the
26		purpose of the Office, and:

HB4137 Engrossed - 886 - LRB099 07987 AMC 28127 b
1		(A) a youth committed to the Department of Juvenile
2		Justice or the youth's family is in need of assistance
3		from the Office; or
4		(B) a systemic issue in the Department of Juvenile
5		Justice's provision of services is raised by a
6		complaint;
7		(4) review or inspect periodically the facilities and
8		procedures of any facility in which a youth has been placed
9		by the Department of Juvenile Justice to ensure that the
10		rights of youth are fully observed; and
11		(5) be accessible to and meet confidentially and
12		regularly with youth committed to the Department and serve
13		as a resource by informing them of pertinent laws, rules,
14		and policies, and their rights thereunder.
15		(c) The following cases shall be reported immediately to
16		the Director of Juvenile Justice and the Governor:
17		(1) cases of severe abuse or injury of a youth;
18		(2) serious misconduct, misfeasance, malfeasance, or
19		serious violations of policies and procedures concerning
20		the administration of a Department of Juvenile Justice
21		program or operation;
22		(3) serious problems concerning the delivery of
23		services in a facility operated by or under contract with
24		the Department of Juvenile Justice;
25		(4) interference by the Department of Juvenile Justice
26		with an investigation conducted by the Office; and

HB4137 Engrossed - 887 - LRB099 07987 AMC 28127 b
1		(5) other cases as deemed necessary by the Ombudsman.
2		(d) Notwithstanding any other provision of law, the
3		Ombudsman may not investigate alleged criminal behavior or
4		violations of the State Officials and Employees Ethics Act. If
5		the Ombudsman determines that a possible criminal act has been
6		committed, or that special expertise is required in the
7		investigation, he or she shall immediately notify the
8		Department of State Police. If the Ombudsman determines that a
9		possible violation of the State Officials and Employees Ethics
10		Act has occurred, he or she shall immediately refer the
11		incident to the Office of the Governor's Executive Inspector
12		General for investigation. If the Ombudsman receives a
13		complaint from a youth or third party regarding suspected abuse
14		or neglect of a child, the Ombudsman shall refer the incident
15		to the Child Abuse and Neglect Hotline or to the State Police
16		as mandated by the Abused and Neglected Child Reporting Act.
17		Any investigation conducted by the Ombudsman shall not be
18		duplicative and shall be separate from any investigation
19		mandated by the Abused and Neglected Child Reporting Act. All
20		investigations conducted by the Ombudsman shall be conducted in
21		a manner designed to ensure the preservation of evidence for
22		possible use in a criminal prosecution.
23		(e) In performance of his or her duties, the Ombudsman may:
24		(1) review court files of youth;
25		(2) recommend policies, rules, and legislation
26		designed to protect youth;

HB4137 Engrossed - 888 - LRB099 07987 AMC 28127 b
1		(3) make appropriate referrals under any of the duties
2		and powers listed in this Section;
3		(4) attend internal administrative and disciplinary
4		hearings to ensure the rights of youth are fully observed
5		and advocate for the best interest of youth when deemed
6		necessary; and
7		(5) perform other acts, otherwise permitted or
8		required by law, in furtherance of the purpose of the
9		Office.
10		(f) To assess if a youth's rights have been violated, the
11		Ombudsman may, in any matter that does not involve alleged
12		criminal behavior, contact or consult with an administrator,
13		employee, youth, parent, expert, or any other individual in the
14		course of his or her investigation or to secure information as
15		necessary to fulfill his or her duties.
16		(Source: P.A. 98-1032, eff. 8-25-14; revised 11-26-14.)
17		(730 ILCS 5/3-2.7-50)
18		Sec. 3-2.7-50. Promotion and awareness of Office. The
19		Independent Juvenile Ombudsman shall promote awareness among
20		the public and youth of:
21		(1) the rights of youth committed to the Department;
22		(2) the purpose of the Office;
23		(3) how the Office may be contacted;
24		(4) the confidential nature of communications; and
25		(5) the services the Office provides.

HB4137 Engrossed - 889 - LRB099 07987 AMC 28127 b
1		(Source: P.A. 98-1032, eff. 8-25-14; revised 11-26-14.)
2		(730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
3		Sec. 3-10-2. Examination of Persons Committed to the
4		Department of Juvenile Justice.
5		(a) A person committed to the Department of Juvenile
6		Justice shall be examined in regard to his medical,
7		psychological, social, educational and vocational condition
8		and history, including the use of alcohol and other drugs, the
9		circumstances of his offense and any other information as the
10		Department of Juvenile Justice may determine.
11		(a-5) Upon admission of a person committed to the
12		Department of Juvenile Justice, the Department of Juvenile
13		Justice must provide the person with appropriate information
14		concerning HIV and AIDS in writing, verbally, or by video or
15		other electronic means. The Department of Juvenile Justice
16		shall develop the informational materials in consultation with
17		the Department of Public Health. At the same time, the
18		Department of Juvenile Justice also must offer the person the
19		option of being tested, at no charge to the person, for
20		infection with human immunodeficiency virus (HIV). Pre-test
21		information shall be provided to the committed person and
22		informed consent obtained as required in subsection (q) of
23		Section 3 and Section 5 of the AIDS Confidentiality Act. The
24		Department of Juvenile Justice may conduct opt-out HIV testing
25		as defined in Section 4 of the AIDS Confidentiality Act. If the

HB4137 Engrossed - 890 - LRB099 07987 AMC 28127 b
1		Department conducts opt-out HIV testing, the Department shall
2		place signs in English, Spanish and other languages as needed
3		in multiple, highly visible locations in the area where HIV
4		testing is conducted informing inmates that they will be tested
5		for HIV unless they refuse, and refusal or acceptance of
6		testing shall be documented in the inmate's medical record. The
7		Department shall follow procedures established by the
8		Department of Public Health to conduct HIV testing and testing
9		to confirm positive HIV test results. All testing must be
10		conducted by medical personnel, but pre-test and other
11		information may be provided by committed persons who have
12		received appropriate training. The Department, in conjunction
13		with the Department of Public Health, shall develop a plan that
14		complies with the AIDS Confidentiality Act to deliver
15		confidentially all positive or negative HIV test results to
16		inmates or former inmates. Nothing in this Section shall
17		require the Department to offer HIV testing to an inmate who is
18		known to be infected with HIV, or who has been tested for HIV
19		within the previous 180 days and whose documented HIV test
20		result is available to the Department electronically. The
21		testing provided under this subsection (a-5) shall consist of a
22		test approved by the Illinois Department of Public Health to
23		determine the presence of HIV infection, based upon
24		recommendations of the United States Centers for Disease
25		Control and Prevention. If the test result is positive, a
26		reliable supplemental test based upon recommendations of the

HB4137 Engrossed - 891 - LRB099 07987 AMC 28127 b
1		United States Centers for Disease Control and Prevention shall
2		be administered.
3		Also upon admission of a person committed to the Department
4		of Juvenile Justice, the Department of Juvenile Justice must
5		inform the person of the Department's obligation to provide the
6		person with medical care.
7		(b) Based on its examination, the Department of Juvenile
8		Justice may exercise the following powers in developing a
9		treatment program of any person committed to the Department of
10		Juvenile Justice:
11		(1) Require participation by him in vocational,
12		physical, educational and corrective training and
13		activities to return him to the community.
14		(2) Place him in any institution or facility of the
15		Department of Juvenile Justice.
16		(3) Order replacement or referral to the Parole and
17		Pardon Board as often as it deems desirable. The Department
18		of Juvenile Justice shall refer the person to the Parole
19		and Pardon Board as required under Section 3-3-4.
20		(4) Enter into agreements with the Secretary of Human
21		Services and the Director of Children and Family Services,
22		with courts having probation officers, and with private
23		agencies or institutions for separate care or special
24		treatment of persons subject to the control of the
25		Department of Juvenile Justice.
26		(c) The Department of Juvenile Justice shall make periodic

HB4137 Engrossed - 892 - LRB099 07987 AMC 28127 b
1		reexamination of all persons under the control of the
2		Department of Juvenile Justice to determine whether existing
3		orders in individual cases should be modified or continued.
4		This examination shall be made with respect to every person at
5		least once annually.
6		(d) A record of the treatment decision including any
7		modification thereof and the reason therefor, shall be part of
8		the committed person's master record file.
9		(e) The Department of Juvenile Justice shall by certified
10		mail and telephone or electronic message notify the parent,
11		guardian or nearest relative of any person committed to the
12		Department of Juvenile Justice of his or her physical location
13		and any change thereof.
14		(Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11;
15		97-813, eff. 7-13-12; 98-689, eff. 1-1-15; 98-1046, eff.
16		1-1-15; revised 10-1-14.)
17		(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
18		Sec. 5-6-1. Sentences of Probation and of Conditional
19		Discharge and Disposition of Supervision. The General Assembly
20		finds that in order to protect the public, the criminal justice
21		system must compel compliance with the conditions of probation
22		by responding to violations with swift, certain and fair
23		punishments and intermediate sanctions. The Chief Judge of each
24		circuit shall adopt a system of structured, intermediate
25		sanctions for violations of the terms and conditions of a

HB4137 Engrossed - 893 - LRB099 07987 AMC 28127 b
1		sentence of probation, conditional discharge or disposition of
2		supervision.
3		(a) Except where specifically prohibited by other
4		provisions of this Code, the court shall impose a sentence of
5		probation or conditional discharge upon an offender unless,
6		having regard to the nature and circumstance of the offense,
7		and to the history, character and condition of the offender,
8		the court is of the opinion that:
9		(1) his imprisonment or periodic imprisonment is
10		necessary for the protection of the public; or
11		(2) probation or conditional discharge would deprecate
12		the seriousness of the offender's conduct and would be
13		inconsistent with the ends of justice; or
14		(3) a combination of imprisonment with concurrent or
15		consecutive probation when an offender has been admitted
16		into a drug court program under Section 20 of the Drug
17		Court Treatment Act is necessary for the protection of the
18		public and for the rehabilitation of the offender.
19		The court shall impose as a condition of a sentence of
20		probation, conditional discharge, or supervision, that the
21		probation agency may invoke any sanction from the list of
22		intermediate sanctions adopted by the chief judge of the
23		circuit court for violations of the terms and conditions of the
24		sentence of probation, conditional discharge, or supervision,
25		subject to the provisions of Section 5-6-4 of this Act.
26		(b) The court may impose a sentence of conditional

HB4137 Engrossed - 894 - LRB099 07987 AMC 28127 b
1		discharge for an offense if the court is of the opinion that
2		neither a sentence of imprisonment nor of periodic imprisonment
3		nor of probation supervision is appropriate.
4		(b-1) Subsections (a) and (b) of this Section do not apply
5		to a defendant charged with a misdemeanor or felony under the
6		Illinois Vehicle Code or reckless homicide under Section 9-3 of
7		the Criminal Code of 1961 or the Criminal Code of 2012 if the
8		defendant within the past 12 months has been convicted of or
9		pleaded guilty to a misdemeanor or felony under the Illinois
10		Vehicle Code or reckless homicide under Section 9-3 of the
11		Criminal Code of 1961 or the Criminal Code of 2012.
12		(c) The court may, upon a plea of guilty or a stipulation
13		by the defendant of the facts supporting the charge or a
14		finding of guilt, defer further proceedings and the imposition
15		of a sentence, and enter an order for supervision of the
16		defendant, if the defendant is not charged with: (i) a Class A
17		misdemeanor, as defined by the following provisions of the
18		Criminal Code of 1961 or the Criminal Code of 2012: Sections
19		11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;
20		31-7; paragraphs (2) and (3) of subsection (a) of Section 21-1;
21		paragraph (1) through (5), (8), (10), and (11) of subsection
22		(a) of Section 24-1; (ii) a Class A misdemeanor violation of
23		Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
24		Act; or (iii) a felony. If the defendant is not barred from
25		receiving an order for supervision as provided in this
26		subsection, the court may enter an order for supervision after

HB4137 Engrossed - 895 - LRB099 07987 AMC 28127 b
1		considering the circumstances of the offense, and the history,
2		character and condition of the offender, if the court is of the
3		opinion that:
4		(1) the offender is not likely to commit further
5		crimes;
6		(2) the defendant and the public would be best served
7		if the defendant were not to receive a criminal record; and
8		(3) in the best interests of justice an order of
9		supervision is more appropriate than a sentence otherwise
10		permitted under this Code.
11		(c-5) Subsections (a), (b), and (c) of this Section do not
12		apply to a defendant charged with a second or subsequent
13		violation of Section 6-303 of the Illinois Vehicle Code
14		committed while his or her driver's license, permit or
15		privileges were revoked because of a violation of Section 9-3
16		of the Criminal Code of 1961 or the Criminal Code of 2012,
17		relating to the offense of reckless homicide, or a similar
18		provision of a law of another state.
19		(d) The provisions of paragraph (c) shall not apply to a
20		defendant charged with violating Section 11-501 of the Illinois
21		Vehicle Code or a similar provision of a local ordinance when
22		the defendant has previously been:
23		(1) convicted for a violation of Section 11-501 of the
24		Illinois Vehicle Code or a similar provision of a local
25		ordinance or any similar law or ordinance of another state;
26		or

HB4137 Engrossed - 896 - LRB099 07987 AMC 28127 b
1		(2) assigned supervision for a violation of Section
2		11-501 of the Illinois Vehicle Code or a similar provision
3		of a local ordinance or any similar law or ordinance of
4		another state; or
5		(3) pleaded guilty to or stipulated to the facts
6		supporting a charge or a finding of guilty to a violation
7		of Section 11-503 of the Illinois Vehicle Code or a similar
8		provision of a local ordinance or any similar law or
9		ordinance of another state, and the plea or stipulation was
10		the result of a plea agreement.
11		The court shall consider the statement of the prosecuting
12		authority with regard to the standards set forth in this
13		Section.
14		(e) The provisions of paragraph (c) shall not apply to a
15		defendant charged with violating Section 16-25 or 16A-3 of the
16		Criminal Code of 1961 or the Criminal Code of 2012 if said
17		defendant has within the last 5 years been:
18		(1) convicted for a violation of Section 16-25 or 16A-3
19		of the Criminal Code of 1961 or the Criminal Code of 2012;
20		or
21		(2) assigned supervision for a violation of Section
22		16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal
23		Code of 2012.
24		The court shall consider the statement of the prosecuting
25		authority with regard to the standards set forth in this
26		Section.

HB4137 Engrossed - 897 - LRB099 07987 AMC 28127 b
1		(f) The provisions of paragraph (c) shall not apply to a
2		defendant charged with violating Sections 15-111, 15-112,
3		15-301, paragraph (b) of Section 6-104, Section 11-605, Section
4		11-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a
5		similar provision of a local ordinance.
6		(g) Except as otherwise provided in paragraph (i) of this
7		Section, the provisions of paragraph (c) shall not apply to a
8		defendant charged with violating Section 3-707, 3-708, 3-710,
9		or 5-401.3 of the Illinois Vehicle Code or a similar provision
10		of a local ordinance if the defendant has within the last 5
11		years been:
12		(1) convicted for a violation of Section 3-707, 3-708,
13		3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
14		provision of a local ordinance; or
15		(2) assigned supervision for a violation of Section
16		3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
17		Code or a similar provision of a local ordinance.
18		The court shall consider the statement of the prosecuting
19		authority with regard to the standards set forth in this
20		Section.
21		(h) The provisions of paragraph (c) shall not apply to a
22		defendant under the age of 21 years charged with violating a
23		serious traffic offense as defined in Section 1-187.001 of the
24		Illinois Vehicle Code:
25		(1) unless the defendant, upon payment of the fines,
26		penalties, and costs provided by law, agrees to attend and

HB4137 Engrossed - 898 - LRB099 07987 AMC 28127 b
1		successfully complete a traffic safety program approved by
2		the court under standards set by the Conference of Chief
3		Circuit Judges. The accused shall be responsible for
4		payment of any traffic safety program fees. If the accused
5		fails to file a certificate of successful completion on or
6		before the termination date of the supervision order, the
7		supervision shall be summarily revoked and conviction
8		entered. The provisions of Supreme Court Rule 402 relating
9		to pleas of guilty do not apply in cases when a defendant
10		enters a guilty plea under this provision; or
11		(2) if the defendant has previously been sentenced
12		under the provisions of paragraph (c) on or after January
13		1, 1998 for any serious traffic offense as defined in
14		Section 1-187.001 of the Illinois Vehicle Code.
15		(h-1) The provisions of paragraph (c) shall not apply to a
16		defendant under the age of 21 years charged with an offense
17		against traffic regulations governing the movement of vehicles
18		or any violation of Section 6-107 or Section 12-603.1 of the
19		Illinois Vehicle Code, unless the defendant, upon payment of
20		the fines, penalties, and costs provided by law, agrees to
21		attend and successfully complete a traffic safety program
22		approved by the court under standards set by the Conference of
23		Chief Circuit Judges. The accused shall be responsible for
24		payment of any traffic safety program fees. If the accused
25		fails to file a certificate of successful completion on or
26		before the termination date of the supervision order, the

HB4137 Engrossed - 899 - LRB099 07987 AMC 28127 b
1		supervision shall be summarily revoked and conviction entered.
2		The provisions of Supreme Court Rule 402 relating to pleas of
3		guilty do not apply in cases when a defendant enters a guilty
4		plea under this provision.
5		(i) The provisions of paragraph (c) shall not apply to a
6		defendant charged with violating Section 3-707 of the Illinois
7		Vehicle Code or a similar provision of a local ordinance if the
8		defendant has been assigned supervision for a violation of
9		Section 3-707 of the Illinois Vehicle Code or a similar
10		provision of a local ordinance.
11		(j) The provisions of paragraph (c) shall not apply to a
12		defendant charged with violating Section 6-303 of the Illinois
13		Vehicle Code or a similar provision of a local ordinance when
14		the revocation or suspension was for a violation of Section
15		11-501 or a similar provision of a local ordinance or a
16		violation of Section 11-501.1 or paragraph (b) of Section
17		11-401 of the Illinois Vehicle Code if the defendant has within
18		the last 10 years been:
19		(1) convicted for a violation of Section 6-303 of the
20		Illinois Vehicle Code or a similar provision of a local
21		ordinance; or
22		(2) assigned supervision for a violation of Section
23		6-303 of the Illinois Vehicle Code or a similar provision
24		of a local ordinance.
25		(k) The provisions of paragraph (c) shall not apply to a
26		defendant charged with violating any provision of the Illinois

HB4137 Engrossed - 900 - LRB099 07987 AMC 28127 b
1		Vehicle Code or a similar provision of a local ordinance that
2		governs the movement of vehicles if, within the 12 months
3		preceding the date of the defendant's arrest, the defendant has
4		been assigned court supervision on 2 occasions for a violation
5		that governs the movement of vehicles under the Illinois
6		Vehicle Code or a similar provision of a local ordinance. The
7		provisions of this paragraph (k) do not apply to a defendant
8		charged with violating Section 11-501 of the Illinois Vehicle
9		Code or a similar provision of a local ordinance.
10		(l) A defendant charged with violating any provision of the
11		Illinois Vehicle Code or a similar provision of a local
12		ordinance who receives a disposition of supervision under
13		subsection (c) shall pay an additional fee of $29, to be
14		collected as provided in Sections 27.5 and 27.6 of the Clerks
15		of Courts Act. In addition to the $29 fee, the person shall
16		also pay a fee of $6, which, if not waived by the court, shall
17		be collected as provided in Sections 27.5 and 27.6 of the
18		Clerks of Courts Act. The $29 fee shall be disbursed as
19		provided in Section 16-104c of the Illinois Vehicle Code. If
20		the $6 fee is collected, $5.50 of the fee shall be deposited
21		into the Circuit Court Clerk Operation and Administrative Fund
22		created by the Clerk of the Circuit Court and 50 cents of the
23		fee shall be deposited into the Prisoner Review Board Vehicle
24		and Equipment Fund in the State treasury.
25		(m) Any person convicted of, pleading guilty to, or placed
26		on supervision for a serious traffic violation, as defined in

HB4137 Engrossed - 901 - LRB099 07987 AMC 28127 b
1		Section 1-187.001 of the Illinois Vehicle Code, a violation of
2		Section 11-501 of the Illinois Vehicle Code, or a violation of
3		a similar provision of a local ordinance shall pay an
4		additional fee of $35, to be disbursed as provided in Section
5		16-104d of that Code.
6		This subsection (m) becomes inoperative on January 1, 2020.
7		(n) The provisions of paragraph (c) shall not apply to any
8		person under the age of 18 who commits an offense against
9		traffic regulations governing the movement of vehicles or any
10		violation of Section 6-107 or Section 12-603.1 of the Illinois
11		Vehicle Code, except upon personal appearance of the defendant
12		in court and upon the written consent of the defendant's parent
13		or legal guardian, executed before the presiding judge. The
14		presiding judge shall have the authority to waive this
15		requirement upon the showing of good cause by the defendant.
16		(o) The provisions of paragraph (c) shall not apply to a
17		defendant charged with violating Section 6-303 of the Illinois
18		Vehicle Code or a similar provision of a local ordinance when
19		the suspension was for a violation of Section 11-501.1 of the
20		Illinois Vehicle Code and when:
21		(1) at the time of the violation of Section 11-501.1 of
22		the Illinois Vehicle Code, the defendant was a first
23		offender pursuant to Section 11-500 of the Illinois Vehicle
24		Code and the defendant failed to obtain a monitoring device
25		driving permit; or
26		(2) at the time of the violation of Section 11-501.1 of

HB4137 Engrossed - 902 - LRB099 07987 AMC 28127 b
1		the Illinois Vehicle Code, the defendant was a first
2		offender pursuant to Section 11-500 of the Illinois Vehicle
3		Code, had subsequently obtained a monitoring device
4		driving permit, but was driving a vehicle not equipped with
5		a breath alcohol ignition interlock device as defined in
6		Section 1-129.1 of the Illinois Vehicle Code.
7		(p) The provisions of paragraph (c) shall not apply to a
8		defendant charged with violating Section 11-601.5 of the
9		Illinois Vehicle Code or a similar provision of a local
10		ordinance.
11		(q) The provisions of paragraph (c) shall not apply to a
12		defendant charged with violating subsection (b) of Section
13		11-601 of the Illinois Vehicle Code when the defendant was
14		operating a vehicle, in an urban district, at a speed in excess
15		of 25 miles per hour over the posted speed limit.
16		(r) The provisions of paragraph (c) shall not apply to a
17		defendant charged with violating any provision of the Illinois
18		Vehicle Code or a similar provision of a local ordinance if the
19		violation was the proximate cause of the death of another and
20		the defendant's driving abstract contains a prior conviction or
21		disposition of court supervision for any violation of the
22		Illinois Vehicle Code, other than an equipment violation, or a
23		suspension, revocation, or cancellation of the driver's
24		license.
25		(s) The provisions of paragraph (c) shall not apply to a
26		defendant charged with violating subsection (i) of Section 70

HB4137 Engrossed - 903 - LRB099 07987 AMC 28127 b
1		of the Firearm Concealed Carry Act.
2		(Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12;
3		97-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff.
4		1-25-13; 98-169, eff. 1-1-14; 98-658, eff. 6-23-14; 98-899,
5		eff. 8-15-14; revised 10-1-14.)
6		(730 ILCS 5/5-6-2) (from Ch. 38, par. 1005-6-2)
7		Sec. 5-6-2. Incidents of Probation and of Conditional
8		Discharge.
9		(a) When an offender is sentenced to probation or
10		conditional discharge, the court shall impose a period as
11		provided in Article 4.5 of Chapter V, and shall specify the
12		conditions under Section 5-6-3.
13		(b) Multiple terms of probation imposed at the same time
14		shall run concurrently.
15		(c) The court may at any time terminate probation or
16		conditional discharge if warranted by the conduct of the
17		offender and the ends of justice, as provided in Section 5-6-4.
18		(c-1) For purposes of this subsection (c-1), a "violent
19		offense" means an offense in which bodily harm is inflicted or
20		force is used against any person or threatened against any
21		person; an offense involving sexual conduct, sexual
22		penetration, or sexual exploitation; an offense involving
23		domestic violence; an offense of domestic battery, violation of
24		an order of protection, stalking, or hate crime; an offense of
25		driving under the influence of drugs or alcohol; or an offense

HB4137 Engrossed - 904 - LRB099 07987 AMC 28127 b
1		involving the possession of a firearm or dangerous weapon. An
2		offender, other than an offender sentenced on a violent
3		offense, shall be entitled to a time credit toward the
4		completion of the offender's probation or conditional
5		discharge as follows:
6		(1) For obtaining a high school diploma or GED: 90
7		days.
8		(2) For obtaining an associate's degree, career
9		certificate, or vocational technical certification: 120
10		days.
11		(3) For obtaining a bachelor's degree: 180 days.
12		An offender's supervising officer shall promptly and as
13		soon as practicable notify the court of the offender's right to
14		time credits under this subsection (c-1). Upon receipt of this
15		notification, the court shall enter an order modifying the
16		offender's remaining period of probation or conditional
17		discharge to reflect the time credit earned. If, before the
18		expiration of the original period or a reduced period of
19		probation or conditional discharge, the court, after a hearing
20		under Section 5-6-4 of this Code, finds that an offender
21		violated one or more conditions of probation or conditional
22		discharge, the court may order that some or all of the time
23		credit to which the offender is entitled under this Section be
24		forfeited.
25		(d) Upon the expiration or termination of the period of
26		probation or of conditional discharge, the court shall enter an

HB4137 Engrossed - 905 - LRB099 07987 AMC 28127 b
1		order discharging the offender.
2		(e) The court may extend any period of probation or
3		conditional discharge beyond the limits set forth in Article
4		4.5 of Chapter V upon a violation of a condition of the
5		probation or conditional discharge, for the payment of an
6		assessment required by Section 10.3 of the Cannabis Control
7		Act, Section 411.2 of the Illinois Controlled Substances Act,
8		or Section 80 of the Methamphetamine Control and Community
9		Protection Act, or for the payment of restitution as provided
10		by an order of restitution under Section 5-5-6 of this Code.
11		(e-5) If payment of restitution as ordered has not been
12		made, the victim shall file a petition notifying the sentencing
13		court, any other person to whom restitution is owed, and the
14		State's Attorney of the status of the ordered restitution
15		payments unpaid at least 90 days before the probation or
16		conditional discharge expiration date. If payment as ordered
17		has not been made, the court shall hold a review hearing prior
18		to the expiration date, unless the hearing is voluntarily
19		waived by the defendant with the knowledge that waiver may
20		result in an extension of the probation or conditional
21		discharge period or in a revocation of probation or conditional
22		discharge. If the court does not extend probation or
23		conditional discharge, it shall issue a judgment for the unpaid
24		restitution and direct the clerk of the circuit court to file
25		and enter the judgment in the judgment and lien docket, without
26		fee, unless it finds that the victim has recovered a judgment

HB4137 Engrossed - 906 - LRB099 07987 AMC 28127 b
1		against the defendant for the amount covered by the restitution
2		order. If the court issues a judgment for the unpaid
3		restitution, the court shall send to the defendant at his or
4		her last known address written notification that a civil
5		judgment has been issued for the unpaid restitution.
6		(f) The court may impose a term of probation that is
7		concurrent or consecutive to a term of imprisonment so long as
8		the maximum term imposed does not exceed the maximum term
9		provided under Article 4.5 of Chapter V or Article 8 of this
10		Chapter. The court may provide that probation may commence
11		while an offender is on mandatory supervised release,
12		participating in a day release program, or being monitored by
13		an electronic monitoring device.
14		(g) The court may extend a term of probation or conditional
15		discharge that was concurrent to, consecutive to, or otherwise
16		interrupted by a term of imprisonment for the purpose of
17		providing additional time to complete an order of restitution.
18		(Source: P.A. 98-940, eff. 1-1-15; 98-953, eff. 1-1-15;
19		98-1114, eff. 8-26-14; revised 10-1-14.)
20		(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
21		Sec. 5-6-3.1. Incidents and Conditions of Supervision.
22		(a) When a defendant is placed on supervision, the court
23		shall enter an order for supervision specifying the period of
24		such supervision, and shall defer further proceedings in the
25		case until the conclusion of the period.

HB4137 Engrossed - 907 - LRB099 07987 AMC 28127 b
1		(b) The period of supervision shall be reasonable under all
2		of the circumstances of the case, but may not be longer than 2
3		years, unless the defendant has failed to pay the assessment
4		required by Section 10.3 of the Cannabis Control Act, Section
5		411.2 of the Illinois Controlled Substances Act, or Section 80
6		of the Methamphetamine Control and Community Protection Act, in
7		which case the court may extend supervision beyond 2 years.
8		Additionally, the court shall order the defendant to perform no
9		less than 30 hours of community service and not more than 120
10		hours of community service, if community service is available
11		in the jurisdiction and is funded and approved by the county
12		board where the offense was committed, when the offense (1) was
13		related to or in furtherance of the criminal activities of an
14		organized gang or was motivated by the defendant's membership
15		in or allegiance to an organized gang; or (2) is a violation of
16		any Section of Article 24 of the Criminal Code of 1961 or the
17		Criminal Code of 2012 where a disposition of supervision is not
18		prohibited by Section 5-6-1 of this Code. The community service
19		shall include, but not be limited to, the cleanup and repair of
20		any damage caused by violation of Section 21-1.3 of the
21		Criminal Code of 1961 or the Criminal Code of 2012 and similar
22		damages to property located within the municipality or county
23		in which the violation occurred. Where possible and reasonable,
24		the community service should be performed in the offender's
25		neighborhood.
26		For the purposes of this Section, "organized gang" has the

HB4137 Engrossed - 908 - LRB099 07987 AMC 28127 b
1		meaning ascribed to it in Section 10 of the Illinois Streetgang
2		Terrorism Omnibus Prevention Act.
3		(c) The court may in addition to other reasonable
4		conditions relating to the nature of the offense or the
5		rehabilitation of the defendant as determined for each
6		defendant in the proper discretion of the court require that
7		the person:
8		(1) make a report to and appear in person before or
9		participate with the court or such courts, person, or
10		social service agency as directed by the court in the order
11		of supervision;
12		(2) pay a fine and costs;
13		(3) work or pursue a course of study or vocational
14		training;
15		(4) undergo medical, psychological or psychiatric
16		treatment; or treatment for drug addiction or alcoholism;
17		(5) attend or reside in a facility established for the
18		instruction or residence of defendants on probation;
19		(6) support his dependents;
20		(7) refrain from possessing a firearm or other
21		dangerous weapon;
22		(8) and in addition, if a minor:
23		(i) reside with his parents or in a foster home;
24		(ii) attend school;
25		(iii) attend a non-residential program for youth;
26		(iv) contribute to his own support at home or in a

HB4137 Engrossed - 909 - LRB099 07987 AMC 28127 b
1		foster home; or
2		(v) with the consent of the superintendent of the
3		facility, attend an educational program at a facility
4		other than the school in which the offense was
5		committed if he or she is placed on supervision for a
6		crime of violence as defined in Section 2 of the Crime
7		Victims Compensation Act committed in a school, on the
8		real property comprising a school, or within 1,000 feet
9		of the real property comprising a school;
10		(9) make restitution or reparation in an amount not to
11		exceed actual loss or damage to property and pecuniary loss
12		or make restitution under Section 5-5-6 to a domestic
13		violence shelter. The court shall determine the amount and
14		conditions of payment;
15		(10) perform some reasonable public or community
16		service;
17		(11) comply with the terms and conditions of an order
18		of protection issued by the court pursuant to the Illinois
19		Domestic Violence Act of 1986 or an order of protection
20		issued by the court of another state, tribe, or United
21		States territory. If the court has ordered the defendant to
22		make a report and appear in person under paragraph (1) of
23		this subsection, a copy of the order of protection shall be
24		transmitted to the person or agency so designated by the
25		court;
26		(12) reimburse any "local anti-crime program" as

HB4137 Engrossed - 910 - LRB099 07987 AMC 28127 b
1		defined in Section 7 of the Anti-Crime Advisory Council Act
2		for any reasonable expenses incurred by the program on the
3		offender's case, not to exceed the maximum amount of the
4		fine authorized for the offense for which the defendant was
5		sentenced;
6		(13) contribute a reasonable sum of money, not to
7		exceed the maximum amount of the fine authorized for the
8		offense for which the defendant was sentenced, (i) to a
9		"local anti-crime program", as defined in Section 7 of the
10		Anti-Crime Advisory Council Act, or (ii) for offenses under
11		the jurisdiction of the Department of Natural Resources, to
12		the fund established by the Department of Natural Resources
13		for the purchase of evidence for investigation purposes and
14		to conduct investigations as outlined in Section 805-105 of
15		the Department of Natural Resources (Conservation) Law;
16		(14) refrain from entering into a designated
17		geographic area except upon such terms as the court finds
18		appropriate. Such terms may include consideration of the
19		purpose of the entry, the time of day, other persons
20		accompanying the defendant, and advance approval by a
21		probation officer;
22		(15) refrain from having any contact, directly or
23		indirectly, with certain specified persons or particular
24		types of person, including but not limited to members of
25		street gangs and drug users or dealers;
26		(16) refrain from having in his or her body the

HB4137 Engrossed - 911 - LRB099 07987 AMC 28127 b
1		presence of any illicit drug prohibited by the Cannabis
2		Control Act, the Illinois Controlled Substances Act, or the
3		Methamphetamine Control and Community Protection Act,
4		unless prescribed by a physician, and submit samples of his
5		or her blood or urine or both for tests to determine the
6		presence of any illicit drug;
7		(17) refrain from operating any motor vehicle not
8		equipped with an ignition interlock device as defined in
9		Section 1-129.1 of the Illinois Vehicle Code; under this
10		condition the court may allow a defendant who is not
11		self-employed to operate a vehicle owned by the defendant's
12		employer that is not equipped with an ignition interlock
13		device in the course and scope of the defendant's
14		employment; and
15		(18) if placed on supervision for a sex offense as
16		defined in subsection (a-5) of Section 3-1-2 of this Code,
17		unless the offender is a parent or guardian of the person
18		under 18 years of age present in the home and no
19		non-familial minors are present, not participate in a
20		holiday event involving children under 18 years of age,
21		such as distributing candy or other items to children on
22		Halloween, wearing a Santa Claus costume on or preceding
23		Christmas, being employed as a department store Santa
24		Claus, or wearing an Easter Bunny costume on or preceding
25		Easter.
26		(c-5) If payment of restitution as ordered has not been

HB4137 Engrossed - 912 - LRB099 07987 AMC 28127 b
1		made, the victim shall file a petition notifying the sentencing
2		court, any other person to whom restitution is owed, and the
3		State's Attorney of the status of the ordered restitution
4		payments unpaid at least 90 days before the supervision
5		expiration date. If payment as ordered has not been made, the
6		court shall hold a review hearing prior to the expiration date,
7		unless the hearing is voluntarily waived by the defendant with
8		the knowledge that waiver may result in an extension of the
9		supervision period or in a revocation of supervision. If the
10		court does not extend supervision, it shall issue a judgment
11		for the unpaid restitution and direct the clerk of the circuit
12		court to file and enter the judgment in the judgment and lien
13		docket, without fee, unless it finds that the victim has
14		recovered a judgment against the defendant for the amount
15		covered by the restitution order. If the court issues a
16		judgment for the unpaid restitution, the court shall send to
17		the defendant at his or her last known address written
18		notification that a civil judgment has been issued for the
19		unpaid restitution.
20		(d) The court shall defer entering any judgment on the
21		charges until the conclusion of the supervision.
22		(e) At the conclusion of the period of supervision, if the
23		court determines that the defendant has successfully complied
24		with all of the conditions of supervision, the court shall
25		discharge the defendant and enter a judgment dismissing the
26		charges.

HB4137 Engrossed - 913 - LRB099 07987 AMC 28127 b
1		(f) Discharge and dismissal upon a successful conclusion of
2		a disposition of supervision shall be deemed without
3		adjudication of guilt and shall not be termed a conviction for
4		purposes of disqualification or disabilities imposed by law
5		upon conviction of a crime. Two years after the discharge and
6		dismissal under this Section, unless the disposition of
7		supervision was for a violation of Sections 3-707, 3-708,
8		3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
9		similar provision of a local ordinance, or for a violation of
10		Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
11		or the Criminal Code of 2012, in which case it shall be 5 years
12		after discharge and dismissal, a person may have his record of
13		arrest sealed or expunged as may be provided by law. However,
14		any defendant placed on supervision before January 1, 1980, may
15		move for sealing or expungement of his arrest record, as
16		provided by law, at any time after discharge and dismissal
17		under this Section. A person placed on supervision for a sexual
18		offense committed against a minor as defined in clause
19		(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
20		for a violation of Section 11-501 of the Illinois Vehicle Code
21		or a similar provision of a local ordinance shall not have his
22		or her record of arrest sealed or expunged.
23		(g) A defendant placed on supervision and who during the
24		period of supervision undergoes mandatory drug or alcohol
25		testing, or both, or is assigned to be placed on an approved
26		electronic monitoring device, shall be ordered to pay the costs

HB4137 Engrossed - 914 - LRB099 07987 AMC 28127 b
1		incidental to such mandatory drug or alcohol testing, or both,
2		and costs incidental to such approved electronic monitoring in
3		accordance with the defendant's ability to pay those costs. The
4		county board with the concurrence of the Chief Judge of the
5		judicial circuit in which the county is located shall establish
6		reasonable fees for the cost of maintenance, testing, and
7		incidental expenses related to the mandatory drug or alcohol
8		testing, or both, and all costs incidental to approved
9		electronic monitoring, of all defendants placed on
10		supervision. The concurrence of the Chief Judge shall be in the
11		form of an administrative order. The fees shall be collected by
12		the clerk of the circuit court. The clerk of the circuit court
13		shall pay all moneys collected from these fees to the county
14		treasurer who shall use the moneys collected to defray the
15		costs of drug testing, alcohol testing, and electronic
16		monitoring. The county treasurer shall deposit the fees
17		collected in the county working cash fund under Section 6-27001
18		or Section 6-29002 of the Counties Code, as the case may be.
19		(h) A disposition of supervision is a final order for the
20		purposes of appeal.
21		(i) The court shall impose upon a defendant placed on
22		supervision after January 1, 1992 or to community service under
23		the supervision of a probation or court services department
24		after January 1, 2004, as a condition of supervision or
25		supervised community service, a fee of $50 for each month of
26		supervision or supervised community service ordered by the

HB4137 Engrossed - 915 - LRB099 07987 AMC 28127 b
1		court, unless after determining the inability of the person
2		placed on supervision or supervised community service to pay
3		the fee, the court assesses a lesser fee. The court may not
4		impose the fee on a minor who is made a ward of the State under
5		the Juvenile Court Act of 1987 while the minor is in placement.
6		The fee shall be imposed only upon a defendant who is actively
7		supervised by the probation and court services department. The
8		fee shall be collected by the clerk of the circuit court. The
9		clerk of the circuit court shall pay all monies collected from
10		this fee to the county treasurer for deposit in the probation
11		and court services fund pursuant to Section 15.1 of the
12		Probation and Probation Officers Act.
13		A circuit court may not impose a probation fee in excess of
14		$25 per month unless the circuit court has adopted, by
15		administrative order issued by the chief judge, a standard
16		probation fee guide determining an offender's ability to pay.
17		Of the amount collected as a probation fee, not to exceed $5 of
18		that fee collected per month may be used to provide services to
19		crime victims and their families.
20		The Court may only waive probation fees based on an
21		offender's ability to pay. The probation department may
22		re-evaluate an offender's ability to pay every 6 months, and,
23		with the approval of the Director of Court Services or the
24		Chief Probation Officer, adjust the monthly fee amount. An
25		offender may elect to pay probation fees due in a lump sum. Any
26		offender that has been assigned to the supervision of a

HB4137 Engrossed - 916 - LRB099 07987 AMC 28127 b
1		probation department, or has been transferred either under
2		subsection (h) of this Section or under any interstate compact,
3		shall be required to pay probation fees to the department
4		supervising the offender, based on the offender's ability to
5		pay.
6		(j) All fines and costs imposed under this Section for any
7		violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
8		Code, or a similar provision of a local ordinance, and any
9		violation of the Child Passenger Protection Act, or a similar
10		provision of a local ordinance, shall be collected and
11		disbursed by the circuit clerk as provided under Section 27.5
12		of the Clerks of Courts Act.
13		(k) A defendant at least 17 years of age who is placed on
14		supervision for a misdemeanor in a county of 3,000,000 or more
15		inhabitants and who has not been previously convicted of a
16		misdemeanor or felony may as a condition of his or her
17		supervision be required by the court to attend educational
18		courses designed to prepare the defendant for a high school
19		diploma and to work toward a high school diploma or to work
20		toward passing high school equivalency testing or to work
21		toward completing a vocational training program approved by the
22		court. The defendant placed on supervision must attend a public
23		institution of education to obtain the educational or
24		vocational training required by this subsection (k). The
25		defendant placed on supervision shall be required to pay for
26		the cost of the educational courses or high school equivalency

HB4137 Engrossed - 917 - LRB099 07987 AMC 28127 b
1		testing if a fee is charged for those courses or testing. The
2		court shall revoke the supervision of a person who wilfully
3		fails to comply with this subsection (k). The court shall
4		resentence the defendant upon revocation of supervision as
5		provided in Section 5-6-4. This subsection (k) does not apply
6		to a defendant who has a high school diploma or has
7		successfully passed high school equivalency testing. This
8		subsection (k) does not apply to a defendant who is determined
9		by the court to be developmentally disabled or otherwise
10		mentally incapable of completing the educational or vocational
11		program.
12		(l) The court shall require a defendant placed on
13		supervision for possession of a substance prohibited by the
14		Cannabis Control Act, the Illinois Controlled Substances Act,
15		or the Methamphetamine Control and Community Protection Act
16		after a previous conviction or disposition of supervision for
17		possession of a substance prohibited by the Cannabis Control
18		Act, the Illinois Controlled Substances Act, or the
19		Methamphetamine Control and Community Protection Act or a
20		sentence of probation under Section 10 of the Cannabis Control
21		Act or Section 410 of the Illinois Controlled Substances Act
22		and after a finding by the court that the person is addicted,
23		to undergo treatment at a substance abuse program approved by
24		the court.
25		(m) The Secretary of State shall require anyone placed on
26		court supervision for a violation of Section 3-707 of the

HB4137 Engrossed - 918 - LRB099 07987 AMC 28127 b
1		Illinois Vehicle Code or a similar provision of a local
2		ordinance to give proof of his or her financial responsibility
3		as defined in Section 7-315 of the Illinois Vehicle Code. The
4		proof shall be maintained by the individual in a manner
5		satisfactory to the Secretary of State for a minimum period of
6		3 years after the date the proof is first filed. The proof
7		shall be limited to a single action per arrest and may not be
8		affected by any post-sentence disposition. The Secretary of
9		State shall suspend the driver's license of any person
10		determined by the Secretary to be in violation of this
11		subsection.
12		(n) Any offender placed on supervision for any offense that
13		the court or probation department has determined to be sexually
14		motivated as defined in the Sex Offender Management Board Act
15		shall be required to refrain from any contact, directly or
16		indirectly, with any persons specified by the court and shall
17		be available for all evaluations and treatment programs
18		required by the court or the probation department.
19		(o) An offender placed on supervision for a sex offense as
20		defined in the Sex Offender Management Board Act shall refrain
21		from residing at the same address or in the same condominium
22		unit or apartment unit or in the same condominium complex or
23		apartment complex with another person he or she knows or
24		reasonably should know is a convicted sex offender or has been
25		placed on supervision for a sex offense. The provisions of this
26		subsection (o) do not apply to a person convicted of a sex

HB4137 Engrossed - 919 - LRB099 07987 AMC 28127 b
1		offense who is placed in a Department of Corrections licensed
2		transitional housing facility for sex offenders.
3		(p) An offender placed on supervision for an offense
4		committed on or after June 1, 2008 (the effective date of
5		Public Act 95-464) that would qualify the accused as a child
6		sex offender as defined in Section 11-9.3 or 11-9.4 of the
7		Criminal Code of 1961 or the Criminal Code of 2012 shall
8		refrain from communicating with or contacting, by means of the
9		Internet, a person who is not related to the accused and whom
10		the accused reasonably believes to be under 18 years of age.
11		For purposes of this subsection (p), "Internet" has the meaning
12		ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
13		and a person is not related to the accused if the person is
14		not: (i) the spouse, brother, or sister of the accused; (ii) a
15		descendant of the accused; (iii) a first or second cousin of
16		the accused; or (iv) a step-child or adopted child of the
17		accused.
18		(q) An offender placed on supervision for an offense
19		committed on or after June 1, 2008 (the effective date of
20		Public Act 95-464) that would qualify the accused as a child
21		sex offender as defined in Section 11-9.3 or 11-9.4 of the
22		Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
23		ordered by the court, refrain from communicating with or
24		contacting, by means of the Internet, a person who is related
25		to the accused and whom the accused reasonably believes to be
26		under 18 years of age. For purposes of this subsection (q),

HB4137 Engrossed - 920 - LRB099 07987 AMC 28127 b
1		"Internet" has the meaning ascribed to it in Section 16-0.1 of
2		the Criminal Code of 2012; and a person is related to the
3		accused if the person is: (i) the spouse, brother, or sister of
4		the accused; (ii) a descendant of the accused; (iii) a first or
5		second cousin of the accused; or (iv) a step-child or adopted
6		child of the accused.
7		(r) An offender placed on supervision for an offense under
8		Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
9		juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
10		11-21 of the Criminal Code of 1961 or the Criminal Code of
11		2012, or any attempt to commit any of these offenses, committed
12		on or after the effective date of this amendatory Act of the
13		95th General Assembly shall:
14		(i) not access or use a computer or any other device
15		with Internet capability without the prior written
16		approval of the court, except in connection with the
17		offender's employment or search for employment with the
18		prior approval of the court;
19		(ii) submit to periodic unannounced examinations of
20		the offender's computer or any other device with Internet
21		capability by the offender's probation officer, a law
22		enforcement officer, or assigned computer or information
23		technology specialist, including the retrieval and copying
24		of all data from the computer or device and any internal or
25		external peripherals and removal of such information,
26		equipment, or device to conduct a more thorough inspection;

HB4137 Engrossed - 921 - LRB099 07987 AMC 28127 b
1		(iii) submit to the installation on the offender's
2		computer or device with Internet capability, at the
3		offender's expense, of one or more hardware or software
4		systems to monitor the Internet use; and
5		(iv) submit to any other appropriate restrictions
6		concerning the offender's use of or access to a computer or
7		any other device with Internet capability imposed by the
8		court.
9		(s) An offender placed on supervision for an offense that
10		is a sex offense as defined in Section 2 of the Sex Offender
11		Registration Act that is committed on or after January 1, 2010
12		(the effective date of Public Act 96-362) that requires the
13		person to register as a sex offender under that Act, may not
14		knowingly use any computer scrub software on any computer that
15		the sex offender uses.
16		(t) An offender placed on supervision for a sex offense as
17		defined in the Sex Offender Registration Act committed on or
18		after January 1, 2010 (the effective date of Public Act 96-262)
19		shall refrain from accessing or using a social networking
20		website as defined in Section 17-0.5 of the Criminal Code of
21		2012.
22		(u) Jurisdiction over an offender may be transferred from
23		the sentencing court to the court of another circuit with the
24		concurrence of both courts. Further transfers or retransfers of
25		jurisdiction are also authorized in the same manner. The court
26		to which jurisdiction has been transferred shall have the same

HB4137 Engrossed - 922 - LRB099 07987 AMC 28127 b
1		powers as the sentencing court. The probation department within
2		the circuit to which jurisdiction has been transferred may
3		impose probation fees upon receiving the transferred offender,
4		as provided in subsection (i). The probation department from
5		the original sentencing court shall retain all probation fees
6		collected prior to the transfer.
7		(Source: P.A. 97-454, eff. 1-1-12; 97-597, eff. 1-1-12;
8		97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff.
9		1-1-15; 98-940, eff. 1-1-15; revised 10-1-14.)
10		Section 520. The Arsonist Registration Act is amended by
11		changing Sections 5 and 65 as follows:
12		(730 ILCS 148/5)
13		Sec. 5. Definitions. In this Act:
14		(a) "Arsonist" means any person who is:
15		(1) charged under Illinois law, or any substantially
16		similar federal, Uniform Code of Military Justice, sister
17		state, or foreign country law, with an arson offense, set
18		forth in subsection (b) of this Section or the attempt to
19		commit an included arson offense, and:
20		(i) is convicted of such offense or an attempt to
21		commit such offense; or
22		(ii) is found not guilty by reason of insanity of
23		such offense or an attempt to commit such offense; or
24		(iii) is found not guilty by reason of insanity

HB4137 Engrossed - 923 - LRB099 07987 AMC 28127 b
1		under subsection (c) of Section 104-25 of the Code of
2		Criminal Procedure of 1963 of such offense or an
3		attempt to commit such offense; or
4		(iv) is the subject of a finding not resulting in
5		an acquittal at a hearing conducted under subsection
6		(a) of Section 104-25 of the Code of Criminal Procedure
7		of 1963 for the alleged commission or attempted
8		commission of such offense; or
9		(v) is found not guilty by reason of insanity
10		following a hearing conducted under a federal, Uniform
11		Code of Military Justice, sister state, or foreign
12		country law substantially similar to subsection (c) of
13		Section 104-25 of the Code of Criminal Procedure of
14		1963 of such offense or of the attempted commission of
15		such offense; or
16		(vi) is the subject of a finding not resulting in
17		an acquittal at a hearing conducted under a federal,
18		Uniform Code of Military Justice, sister state, or
19		foreign country law substantially similar to
20		subsection (a) of Section 104-25 of the Code of
21		Criminal Procedure of 1963 for the alleged violation or
22		attempted commission of such offense;
23		(2) is a minor who has been tried and convicted in an
24		adult criminal prosecution as the result of committing or
25		attempting to commit an offense specified in subsection (b)
26		of this Section or a violation of any substantially similar

HB4137 Engrossed - 924 - LRB099 07987 AMC 28127 b
1		federal, Uniform Code of Military Justice, sister state, or
2		foreign country law. Convictions that result from or are
3		connected with the same act, or result from offenses
4		committed at the same time, shall be counted for the
5		purpose of this Act as one conviction. Any conviction set
6		aside under law is not a conviction for purposes of this
7		Act.
8		(b) "Arson offense" means:
9		(1) A violation of any of the following Sections of the
10		Criminal Code of 1961 or the Criminal Code of 2012:
11		(i) 20-1 (arson; residential arson; place of
12		worship arson),
13		(ii) 20-1.1 (aggravated arson),
14		(iii) 20-1(b) or 20-1.2 (residential arson),
15		(iv) 20-1(b-5) or 20-1.3 (place of worship arson),
16		(v) 20-2 (possession of explosives or explosive or
17		incendiary devices), or
18		(vi) An attempt to commit any of the offenses
19		listed in clauses (i) through (v).
20		(2) A violation of any former law of this State
21		substantially equivalent to any offense listed in
22		subsection (b) of this Section.
23		(c) A conviction for an offense of federal law, Uniform
24		Code of Military Justice, or the law of another state or a
25		foreign country that is substantially equivalent to any offense
26		listed in subsection (b) of this Section shall constitute a

HB4137 Engrossed - 925 - LRB099 07987 AMC 28127 b
1		conviction for the purpose of this Act.
2		(d) "Law enforcement agency having jurisdiction" means the
3		Chief of Police in each of the municipalities in which the
4		arsonist expects to reside, work, or attend school (1) upon his
5		or her discharge, parole or release or (2) during the service
6		of his or her sentence of probation or conditional discharge,
7		or the Sheriff of the county, in the event no Police Chief
8		exists or if the offender intends to reside, work, or attend
9		school in an unincorporated area. "Law enforcement agency
10		having jurisdiction" includes the location where out-of-state
11		students attend school and where out-of-state employees are
12		employed or are otherwise required to register.
13		(e) "Out-of-state student" means any arsonist, as defined
14		in this Section, who is enrolled in Illinois, on a full-time or
15		part-time basis, in any public or private educational
16		institution, including, but not limited to, any secondary
17		school, trade or professional institution, or institution of
18		higher learning.
19		(f) "Out-of-state employee" means any arsonist, as defined
20		in this Section, who works in Illinois, regardless of whether
21		the individual receives payment for services performed, for a
22		period of time of 10 or more days or for an aggregate period of
23		time of 30 or more days during any calendar year. Persons who
24		operate motor vehicles in the State accrue one day of
25		employment time for any portion of a day spent in Illinois.
26		(g) "I-CLEAR" means the Illinois Citizens and Law

HB4137 Engrossed - 926 - LRB099 07987 AMC 28127 b
1		Enforcement Analysis and Reporting System.
2		(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13;
3		revised 12-10-14.)
4		(730 ILCS 148/65)
5		Sec. 65. Penalty. Any person who is required to register
6		under this Act who violates any of the provisions of this Act
7		and any person who is required to register under this Act who
8		seeks to change his or her name under Article XXI 21 of the
9		Code of Civil Procedure is guilty of a Class 4 felony. Any
10		person who is required to register under this Act who knowingly
11		or wilfully gives material information required by this Act
12		that is false is guilty of a Class 3 felony. Any person
13		convicted of a violation of any provision of this Act shall, in
14		addition to any other penalty required by law, be required to
15		serve a minimum period of 7 days confinement in the local
16		county jail. The court shall impose a mandatory minimum fine of
17		$500 for failure to comply with any provision of this Act.
18		These fines shall be deposited in the Arsonist Registration
19		Fund. An arsonist who violates any provision of this Act may be
20		tried in any Illinois county where the arsonist can be located.
21		(Source: P.A. 93-949, eff. 1-1-05; revised 12-10-14.)
22		Section 525. The Sex Offender Registration Act is amended
23		by changing Section 10 as follows:

HB4137 Engrossed - 927 - LRB099 07987 AMC 28127 b
1		(730 ILCS 150/10) (from Ch. 38, par. 230)
2		Sec. 10. Penalty.
3		(a) Any person who is required to register under this
4		Article who violates any of the provisions of this Article and
5		any person who is required to register under this Article who
6		seeks to change his or her name under Article XXI 21 of the
7		Code of Civil Procedure is guilty of a Class 3 felony. Any
8		person who is convicted for a violation of this Act for a
9		second or subsequent time is guilty of a Class 2 felony. Any
10		person who is required to register under this Article who
11		knowingly or wilfully gives material information required by
12		this Article that is false is guilty of a Class 3 felony. Any
13		person convicted of a violation of any provision of this
14		Article shall, in addition to any other penalty required by
15		law, be required to serve a minimum period of 7 days
16		confinement in the local county jail. The court shall impose a
17		mandatory minimum fine of $500 for failure to comply with any
18		provision of this Article. These fines shall be deposited in
19		the Sex Offender Registration Fund. Any sex offender, as
20		defined in Section 2 of this Act, or sexual predator who
21		violates any provision of this Article may be arrested and
22		tried in any Illinois county where the sex offender can be
23		located. The local police department or sheriff's office is not
24		required to determine whether the person is living within its
25		jurisdiction.
26		(b) Any person, not covered by privilege under Part 8 of

HB4137 Engrossed - 928 - LRB099 07987 AMC 28127 b
1		Article VIII of the Code of Civil Procedure or the Illinois
2		Supreme Court's Rules of Professional Conduct, who has reason
3		to believe that a sexual predator is not complying, or has not
4		complied, with the requirements of this Article and who, with
5		the intent to assist the sexual predator in eluding a law
6		enforcement agency that is seeking to find the sexual predator
7		to question the sexual predator about, or to arrest the sexual
8		predator for, his or her noncompliance with the requirements of
9		this Article is guilty of a Class 3 felony if he or she:
10		(1) provides false information to the law enforcement
11		agency having jurisdiction about the sexual predator's
12		noncompliance with the requirements of this Article, and,
13		if known, the whereabouts of the sexual predator;
14		(2) harbors, or attempts to harbor, or assists another
15		person in harboring or attempting to harbor, the sexual
16		predator; or
17		(3) conceals or attempts to conceal, or assists another
18		person in concealing or attempting to conceal, the sexual
19		predator.
20		(c) Subsection (b) does not apply if the sexual predator is
21		incarcerated in or is in the custody of a State correctional
22		facility, a private correctional facility, a county or
23		municipal jail, a State mental health facility or a State
24		treatment and detention facility, or a federal correctional
25		facility.
26		(d) Subsections (a) and (b) do not apply if the sex

HB4137 Engrossed - 929 - LRB099 07987 AMC 28127 b
1		offender accurately registered his or her Internet protocol
2		address under this Act, and the address subsequently changed
3		without his or her knowledge or intent.
4		(Source: P.A. 94-168, eff. 1-1-06; 94-988, eff. 1-1-07; 95-579,
5		eff. 6-1-08; revised 12-10-14.)
6		Section 530. The Murderer and Violent Offender Against
7		Youth Registration Act is amended by changing Section 60 as
8		follows:
9		(730 ILCS 154/60)
10		Sec. 60. Penalty. Any person who is required to register
11		under this Act who violates any of the provisions of this Act
12		and any person who is required to register under this Act who
13		seeks to change his or her name under Article XXI 21 of the
14		Code of Civil Procedure is guilty of a Class 3 felony. Any
15		person who is convicted for a violation of this Act for a
16		second or subsequent time is guilty of a Class 2 felony. Any
17		person who is required to register under this Act who knowingly
18		or wilfully gives material information required by this Act
19		that is false is guilty of a Class 3 felony. Any person
20		convicted of a violation of any provision of this Act shall, in
21		addition to any other penalty required by law, be required to
22		serve a minimum period of 7 days confinement in the local
23		county jail. The court shall impose a mandatory minimum fine of
24		$500 for failure to comply with any provision of this Act.

HB4137 Engrossed - 930 - LRB099 07987 AMC 28127 b
1		These fines shall be deposited into the Murderer and Violent
2		Offender Against Youth Registration Fund. Any violent offender
3		against youth who violates any provision of this Act may be
4		arrested and tried in any Illinois county where the violent
5		offender against youth can be located. The local police
6		department or sheriff's office is not required to determine
7		whether the person is living within its jurisdiction.
8		(Source: P.A. 97-154, eff. 1-1-12; revised 12-10-14.)
9		Section 535. The Code of Civil Procedure is amended by
10		changing Sections 8-802 and 12-705 as follows:
11		(735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
12		Sec. 8-802. Physician and patient. No physician or surgeon
13		shall be permitted to disclose any information he or she may
14		have acquired in attending any patient in a professional
15		character, necessary to enable him or her professionally to
16		serve the patient, except only (1) in trials for homicide when
17		the disclosure relates directly to the fact or immediate
18		circumstances of the homicide, (2) in actions, civil or
19		criminal, against the physician for malpractice, (3) with the
20		expressed consent of the patient, or in case of his or her
21		death or disability, of his or her personal representative or
22		other person authorized to sue for personal injury or of the
23		beneficiary of an insurance policy on his or her life, health,
24		or physical condition, or as authorized by Section 8-2001.5,

HB4137 Engrossed - 931 - LRB099 07987 AMC 28127 b
1		(4) in all actions brought by or against the patient, his or
2		her personal representative, a beneficiary under a policy of
3		insurance, or the executor or administrator of his or her
4		estate wherein the patient's physical or mental condition is an
5		issue, (5) upon an issue as to the validity of a document as a
6		will of the patient, (6) in any criminal action where the
7		charge is either first degree murder by abortion, attempted
8		abortion or abortion, (7) in actions, civil or criminal,
9		arising from the filing of a report in compliance with the
10		Abused and Neglected Child Reporting Act, (8) to any
11		department, agency, institution or facility which has custody
12		of the patient pursuant to State statute or any court order of
13		commitment, (9) in prosecutions where written results of blood
14		alcohol tests are admissible pursuant to Section 11-501.4 of
15		the Illinois Vehicle Code, (10) in prosecutions where written
16		results of blood alcohol tests are admissible under Section
17		5-11a of the Boat Registration and Safety Act, (11) in criminal
18		actions arising from the filing of a report of suspected
19		terrorist offense in compliance with Section 29D-10(p)(7) of
20		the Criminal Code of 2012, (12) upon the issuance of a subpoena
21		pursuant to Section 38 of the Medical Practice Act of 1987; the
22		issuance of a subpoena pursuant to Section 25.1 of the Illinois
23		Dental Practice Act; the issuance of a subpoena pursuant to
24		Section 22 of the Nursing Home Administrators Licensing and
25		Disciplinary Act; or the issuance of a subpoena pursuant to
26		Section 25.5 of the Workers' Compensation Act, ; or (13) upon

HB4137 Engrossed - 932 - LRB099 07987 AMC 28127 b
1		the issuance of a grand jury subpoena pursuant to Article 112
2		of the Code of Criminal Procedure of 1963., or (14) (13) to or
3		through a health information exchange, as that term is defined
4		in Section 2 of the Mental Health and Developmental
5		Disabilities Confidentiality Act, in accordance with State or
6		federal law.
7		Upon disclosure under item (13) of this Section, in any
8		criminal action where the charge is domestic battery,
9		aggravated domestic battery, or an offense under Article 11 of
10		the Criminal Code of 2012 or where the patient is under the age
11		of 18 years or upon the request of the patient, the State's
12		Attorney shall petition the court for a protective order
13		pursuant to Supreme Court Rule 415.
14		In the event of a conflict between the application of this
15		Section and the Mental Health and Developmental Disabilities
16		Confidentiality Act to a specific situation, the provisions of
17		the Mental Health and Developmental Disabilities
18		Confidentiality Act shall control.
19		(Source: P.A. 97-18, eff. 6-28-11; 97-623, eff. 11-23-11;
20		97-813, eff. 7-13-12; 97-1150, eff. 1-25-13; 98-954, eff.
21		1-1-15; 98-1046, eff. 1-1-15; revised 10-2-14.)
22		(735 ILCS 5/12-705) (from Ch. 110, par. 12-705)
23		Sec. 12-705. Summons.
24		(a) Summons shall be returnable not less than 21 nor more
25		than 30 days after the date of issuance. Summons with 4 copies

HB4137 Engrossed - 933 - LRB099 07987 AMC 28127 b
1		of the interrogatories shall be served and returned as in other
2		civil cases. If the garnishee is served with summons less than
3		10 days prior to the return date, the court shall continue the
4		case to a new return date 14 days after the return date stated
5		on the summons. The summons shall be in a form consistent with
6		local court rules. The summons shall be accompanied by a copy
7		of the underlying judgment or a certification by the clerk of
8		the court that entered the judgment, or by the attorney for the
9		judgment creditor, setting forth the amount of the judgment,
10		the name of the court and the number of the case and one copy of
11		a garnishment notice in substantially the following form:
12		"GARNISHMENT NOTICE
13		(Name and address of Court)
14		Name of Case: (Name of Judgment Creditor),
15		Judgment Creditor v.
16		(Name of Judgment Judgement Debtor),
17		Judgment Debtor.
18		Address of Judgment Debtor: (Insert last known address)
19		Name and address of Attorney for Judgment
20		Creditor or of Judgment Creditor (If no
21		attorney is listed): (Insert name and address)
22		Amount of Judgment: $(Insert amount)
23		Name of Garnishee: (Insert name)
24		Return Date: (Insert return date specified in summons)
25		NOTICE: The court has issued a garnishment summons against
26		the garnishee named above for money or property (other than

HB4137 Engrossed - 934 - LRB099 07987 AMC 28127 b
1		wages) belonging to the judgment debtor or in which the
2		judgment debtor has an interest. The garnishment summons was
3		issued on the basis of a judgment against the judgment debtor
4		in favor of the judgment creditor in the amount stated above.
5		The amount of money or property (other than wages) that may
6		be garnished is limited by federal and Illinois law. The
7		judgment debtor has the right to assert statutory exemptions
8		against certain money or property of the judgment debtor which
9		may not be used to satisfy the judgment in the amount stated
10		above.
11		Under Illinois or federal law, the exemptions of personal
12		property owned by the debtor include the debtor's equity
13		interest, not to exceed $4,000 in value, in any personal
14		property as chosen by the debtor; Social Security and SSI
15		benefits; public assistance benefits; unemployment
16		compensation benefits; workers' compensation benefits;
17		veterans' benefits; circuit breaker property tax relief
18		benefits; the debtor's equity interest, not to exceed $2,400 in
19		value, in any one motor vehicle, and the debtor's equity
20		interest, not to exceed $1,500 in value, in any implements,
21		professional books or tools of the trade of the debtor.
22		The judgment debtor may have other possible exemptions from
23		garnishment under the law.
24		The judgment debtor has the right to request a hearing
25		before the court to dispute the garnishment or to declare
26		exempt from garnishment certain money or property or both. To

HB4137 Engrossed - 935 - LRB099 07987 AMC 28127 b
1		obtain a hearing in counties with a population of 1,000,000 or
2		more, the judgment debtor must notify the Clerk of the Court in
3		person and in writing at (insert address of Clerk) before the
4		return date specified above or appear in court on the date and
5		time on that return date. To obtain a hearing in counties with
6		a population of less than 1,000,000, the judgment debtor must
7		notify the Clerk of the Court in writing at (insert address of
8		Clerk) on or before the return date specified above. The Clerk
9		of the Court will provide a hearing date and the necessary
10		forms that must be prepared by the judgment debtor or the
11		attorney for the judgment debtor and sent to the judgment
12		creditor and the garnishee regarding the time and location of
13		the hearing. This notice may be sent by regular first class
14		mail."
15		(b) An officer or other person authorized by law to serve
16		process shall serve the summons, interrogatories and the
17		garnishment notice required by subsection (a) of this Section
18		upon the garnishee and shall, (1) within 2 business days of the
19		service upon the garnishee, mail a copy of the garnishment
20		notice and the summons to the judgment debtor by first class
21		mail at the judgment debtor's address indicated in the
22		garnishment notice and (2) within 4 business days of the
23		service upon the garnishee file with the clerk of the court a
24		certificate of mailing in substantially the following form:
25		"CERTIFICATE OF MAILING
26		I hereby certify that, within 2 business days of service

HB4137 Engrossed - 936 - LRB099 07987 AMC 28127 b
1		upon the garnishee of the garnishment summons, interrogatories
2		and garnishment notice, I served upon the judgment debtor in
3		this cause a copy of the garnishment summons and garnishment
4		notice by first class mail to the judgment debtor's address as
5		indicated in the garnishment notice.
6		Date:............ .........................
7		Signature"
8		In the case of service of the summons for garnishment upon
9		the garnishee by certified or registered mail, as provided in
10		subsection (c) of this Section, no sooner than 2 business days
11		nor later than 4 business days after the date of mailing, the
12		clerk shall mail a copy of the garnishment notice and the
13		summons to the judgment debtor by first class mail at the
14		judgment debtor's address indicated in the garnishment notice,
15		shall prepare the Certificate of Mailing described by this
16		subsection, and shall include the Certificate of Mailing in a
17		permanent record.
18		(c) In a county with a population of less than 1,000,000,
19		unless otherwise provided by circuit court rule, at the request
20		of the judgment creditor or his or her attorney and instead of
21		personal service, service of a summons for garnishment may be
22		made as follows:
23		(1) For each garnishee to be served, the judgment
24		creditor or his or her attorney shall pay to the clerk of
25		the court a fee of $2, plus the cost of mailing, and
26		furnish to the clerk an original and 2 copies of a summons,

HB4137 Engrossed - 937 - LRB099 07987 AMC 28127 b
1		an original and one copy of the interrogatories, an
2		affidavit setting forth the garnishee's mailing address,
3		an original and 2 copies of the garnishment notice required
4		by subsection (a) of this Section, and a copy of the
5		judgment or certification described in subsection (a) of
6		this Section. The original judgment shall be retained by
7		the clerk.
8		(2) The clerk shall mail to the garnishee, at the
9		address appearing in the affidavit, the copy of the
10		judgment or certification described in subsection (a) of
11		this Section, the summons, the interrogatories, and the
12		garnishment notice required by subsection (a) of this
13		Section, by certified or registered mail, return receipt
14		requested, showing to whom delivered and the date and
15		address of delivery. This Mailing shall be mailed on a
16		"restricted delivery" basis when service is directed to a
17		natural person. The envelope and return receipt shall bear
18		the return address of the clerk, and the return receipt
19		shall be stamped with the docket number of the case. The
20		receipt for certified or registered mail shall state the
21		name and address of the addressee, the date of the mailing,
22		shall identify the documents mailed, and shall be attached
23		to the original summons.
24		(3) The return receipt must be attached to the original
25		summons and, if it shows delivery at least 10 days before
26		the day for the return date, shall constitute proof of

HB4137 Engrossed - 938 - LRB099 07987 AMC 28127 b
1		service of any documents identified on the return receipt
2		as having been mailed.
3		(4) The clerk shall note the fact of service in a
4		permanent record.
5		(d) The garnishment summons may be served and returned in
6		the manner provided by Supreme Court Rule for service,
7		otherwise than by publication, of a notice for additional
8		relief upon a party in default.
9		(Source: P.A. 98-557, eff. 1-1-14; revised 12-10-14.)
10		Section 540. The Eminent Domain Act is amended by changing,
11		setting forth and renumbering multiple versions of Section
12		25-5-55 as follows:
13		(735 ILCS 30/25-5-55)
14		Sec. 25-5-55. Quick-take; McHenry County. Quick-take
15		proceedings under Article 20 may be used for a period of no
16		longer than one year from the effective date of this amendatory
17		Act of the 98th General Assembly by McHenry County for the
18		acquisition of the following described property for the purpose
19		of reconstruction of the intersection of Miller Road and
20		Illinois Route 31:
21		Route: Illinois State Route 31
22		Section: Section 09-00372-00-PW
23		County: McHenry County

HB4137 Engrossed - 939 - LRB099 07987 AMC 28127 b
1		Job No.: R-91-020-06
2		Parcel: 0003
3		Sta. 119+70.41 To Sta. 136+74.99
4		Owner: Parkway Bank and Trust
5		Company as Trustee under Trust
6		Agreement dated October 25, 1988
7		known as trust No. 9052
8		Index No. 14-02-100-002, 14-02- 100-051
9		A part of the Northwest Quarter of Section 2, Township 44
10		North, Range 8 East of the Third Principal Meridian, in McHenry
11		County, Illinois, described as follows:
12		Commencing at the southwest corner of said Northwest Quarter;
13		thence North 0 degrees 40 minutes 30 seconds East, (bearings
14		based on Illinois State Plane Coordinates East Zone 1983 Datum)
15		along the west line of said Northwest Quarter, 33.01 feet;
16		thence North 89 degrees 27 minutes 02 seconds East along a line
17		parallel with and 33.00 feet north of the south line of said
18		Northwest Quarter, 633.53 feet to the Point of Beginning;
19		thence North 47 degrees 43 minutes 11 seconds East, 76.04 feet;
20		thence Northeasterly 892.04 feet along a curve to the left
21		having a radius of 5900.00 feet, the chord of said curve bears
22		North 03 degrees 13 minutes 38 seconds East, a chord distance
23		of 891.20 feet; thence North 01 degrees 06 minutes 15 seconds
24		West, 737.81 feet; thence North 88 degrees 52 minutes 57

HB4137 Engrossed - 940 - LRB099 07987 AMC 28127 b
1		seconds East, 60.00 feet to a point on the westerly line of
2		Illinois State Route 31 as dedicated per Book 12 of
3		Miscellaneous Records, pages 200, 201 and 203; thence South 01
4		degrees 06 minutes 15 seconds East along said westerly line,
5		405.84 feet; thence South 01 degrees 00 minutes 45 seconds West
6		along said westerly line, 135.20 feet; thence South 02 degrees
7		50 minutes 15 seconds East along said westerly line, 165.10
8		feet; thence South 01 degrees 06 minutes 15 seconds East along
9		said westerly line, 407.00 feet; thence Southwesterly 567.07
10		feet along said westerly line, said line being a curve to the
11		right having a radius of 3779.83 feet, the chord of said curve
12		bears South 03 degrees 11 minutes 37 seconds West, a chord
13		distance of 566.54 feet to point on a line parallel with and
14		33.00 feet north of the south line of said Northwest Quarter;
15		thence South 89 degrees 27 minutes 02 seconds West along a line
16		parallel with and 33.00 feet north of the south line of said
17		Northwest Quarter, 142.09 feet to the Point of Beginning in
18		McHenry County, Illinois.
19		Said parcel containing 116,716 square feet (2.679 acres) more
20		or less.
21		Route: Bull Valley Road
22		Section: Section 09-00372-00-PW
23		County: McHenry County
24		Job No.: R-91-020-06

HB4137 Engrossed - 941 - LRB099 07987 AMC 28127 b
1		Parcel: 0003TE
2		Sta. 531+73.39 To Sta. 532+82.90
3		Owner: Parkway Bank and Trust
4		Company as Trustee under Trust
5		Agreement dated October 25, 1988
6		known as trust No. 9052
7		Index No. 14-02-100-002
8		A part of the Southwest Quarter of the Northwest Quarter of
9		Section 2, Township 44 North, Range 8 East of the Third
10		Principal Meridian, in McHenry County, Illinois, described as
11		follows:
12		Commencing at the southwest corner of said Southwest Quarter;
13		thence North 00 degrees 40 minutes 30 seconds East, (bearings
14		based on Illinois State Plane Coordinates East Zone 1983 Datum)
15		along the west line of said Southwest Quarter, 33.01 feet;
16		thence North 89 degrees 27 minutes 02 seconds East along a line
17		parallel with and 33.00 feet north of the south line of said
18		Southwest Quarter, 540.42 feet to the Point of Beginning;
19		thence North 00 degrees 33 minutes 06 seconds West, 14.95 feet;
20		thence North 89 degrees 26 minutes 54 seconds East, 109.87
21		feet; thence South 47 degrees 43 minutes 11 seconds West, 22.47
22		feet to a point on a line parallel with and 33.00 feet north of
23		the south line of said Southwest Quarter; thence South 89
24		degrees 27 minutes 02 seconds West along said line parallel

HB4137 Engrossed - 942 - LRB099 07987 AMC 28127 b
1		with and 33.00 feet north of the south line of said Southwest
2		Quarter, 93.10 feet to the Point of Beginning in McHenry
3		County, Illinois.
4		Said parcel containing 1,518 square feet (0.035 acres) more or
5		less.
6		Route: Illinois State Route 31
7		Section: Section 09-00372-00-PW
8		County: McHenry County
9		Job No.: R-91-020-06
10		Parcel: 0011
11		Sta. 124+14.14 To Sta. 124+35.35
12		Owner: Trapani, LLC, an Illinois
13		limited liability company
14		Index No. 14-02-100-050
15		A part of the Southwest Quarter of the Northwest Quarter of
16		Section 2, Township 44 North, Range 8 East of the Third
17		Principal Meridian, in McHenry County, Illinois, described as
18		follows:
19		Commencing at the northwest corner of Lot 1 in McDonalds
20		Subdivision, being a subdivision of part of the Northwest
21		Quarter of Section 2, Township 44 North, Range 8 East of the
22		Third Principal Meridian, according to the plat thereof

HB4137 Engrossed - 943 - LRB099 07987 AMC 28127 b
1		recorded December 22, 1993 as Document No. 93R80090, in McHenry
2		County, Illinois; thence Northeasterly along the easterly line
3		of Illinois State Route 31 as dedicated per Book 12 of
4		Miscellaneous Records, pages 200, 201 and 203, 206.43 feet
5		along a curve to the left having a radius of 3859.83 feet, the
6		chord of said curve bears North 2 degrees 41 minutes 29 seconds
7		East, (bearings based on Illinois State Plane Coordinates East
8		Zone 1983 Datum) a chord distance of 206.41 feet to the Point
9		of Beginning; thence continuing Northeasterly along said
10		easterly line, 21.36 feet, said line being a curve to the left
11		having a radius of 3859.83 feet, the chord of said curve bears
12		North 1 degrees 00 minutes 02 seconds East, a chord distance of
13		21.36 feet to a point the south line of a parcel of land per
14		deed recorded February 10, 2003 as Document No. 2003R0017053;
15		thence North 89 degrees 22 minutes 29 seconds East along said
16		south line, 1.04 feet; thence Southwesterly 21.41 feet along a
17		curve to the right having a radius of 6060.00 feet, the chord
18		of said curve bears South 03 degrees 47 minutes 21 seconds
19		West, a chord distance of 21.41 feet to the Point of Beginning
20		in McHenry County, Illinois.
21		Said parcel containing 11 square feet (0.000 acres) more or
22		less.
23		Route: Illinois State Route 31
24		Section: Section 09-00372-00-PW

HB4137 Engrossed - 944 - LRB099 07987 AMC 28127 b
1		County: McHenry County
2		Job No.: R-91-020-06
3		Parcel: 0011TE-1
4		Sta. 123+50.48 To Sta. 124+26.94
5		Owner: Trapani, LLC, an Illinois
6		limited liability company
7		Index No. 14-02-100-050
8		A part of the Southwest Quarter of the Northwest Quarter of
9		Section 2, Township 44 North, Range 8 East of the Third
10		Principal Meridian, in McHenry County, Illinois, described as
11		follows:
12		Commencing at the northwest corner of Lot 1 in McDonalds
13		Subdivision, being a subdivision of part of the Northwest
14		Quarter of Section 2, Township 44 North, Range 8 East of the
15		Third Principal Meridian, according to the plat thereof
16		recorded December 22, 1993 as Document No. 93R80090, in McHenry
17		County, Illinois; thence Northeasterly along the easterly line
18		of Illinois State Route 31 as dedicated per Book 12 of
19		Miscellaneous Records, pages 200, 201 and 203, 142.05 feet
20		along a curve to the left having a radius of 3859.83 feet, the
21		chord of said curve bears North 3 degrees 10 minutes 09 seconds
22		East, (bearings based on Illinois State Plane Coordinates East
23		Zone 1983 Datum) a chord distance of 142.05 feet to the Point
24		of Beginning; thence continuing Northeasterly along said

HB4137 Engrossed - 945 - LRB099 07987 AMC 28127 b
1		easterly line, 64.39 feet, said line being a curve to the left
2		having a radius of 3859.83 feet, the chord of said curve bears
3		North 1 degrees 38 minutes 13 seconds East, a chord distance of
4		64.38 feet; thence Northeasterly 12.69 feet along a curve to
5		the left having a radius of 6060.00 feet, the chord of said
6		curve bears North 03 degrees 49 minutes 49 seconds East, a
7		chord distance of 12.69 feet; thence South 89 degrees 01
8		minutes 32 seconds East, 4.46 feet; thence Southwesterly 77.18
9		feet along a curve to the right having a radius of 3864.83
10		feet, the chord of said curve bears South 01 degrees 32 minutes
11		47 seconds West, a chord distance of 77.17 feet; thence North
12		87 degrees 52 minutes 53 seconds West, 5.07 feet to the Point
13		of Beginning in McHenry County, Illinois.
14		Said parcel containing 387 square feet (0.009 acres) more or
15		less.
16		Route: Charles J. Miller Road
17		Section: Section 09-00372-00-PW
18		County: McHenry County
19		Job No.: R-91-020-06
20		Parcel: 0011TE-2
21		Sta. 537+44.77 To Sta. 538+37.59
22		Owner: Trapani, LLC, an Illinois
23		limited liability company
24		Index No. 14-02-100-050

HB4137 Engrossed - 946 - LRB099 07987 AMC 28127 b
1		A part of Lot 2, in McDonald's Subdivision, being a subdivision
2		of part of the Northwest Quarter of Section 2, Township 44
3		North, Range 8 East of the Third Principal Meridian, according
4		to the plat thereof recorded December 22, 1993 as Document No.
5		93R80090, in McHenry County, Illinois, described as follows:
6		Beginning at the southeast corner of said Lot 2; thence South
7		89 degrees 27 minutes 02 seconds West (bearings based on
8		Illinois State Plane Coordinates East Zone 1983 Datum) along
9		the south line of said Lot 2, 92.83 feet; thence North 00
10		degrees 33 minutes 02 seconds West, 33.91 feet; thence North 89
11		degrees 36 minutes 46 seconds East, 93.43 feet to a point on
12		the east line of said Lot 2; thence South 00 degrees 28 minutes
13		57 seconds West along said east line, 33.66 feet to the Point
14		of Beginning in McHenry County, Illinois.
15		Said parcel containing 3,146 square feet (0.072 acres) more or
16		less.
17		Route: Charles J. Miller Road
18		Section: Section 09-00372-00-PW
19		County: McHenry County
20		Job No.: R-91-020-06
21		Parcel: 0016
22		Sta. 538+37.74 To Sta. 539+63.26

HB4137 Engrossed - 947 - LRB099 07987 AMC 28127 b
1		Owner: Marion R. Reinwall Hoak
2		as Trustee of the Marion R.
3		Reinwall Hoak Living trust dated
4		September 15, 1998
5		Index No. 14-02-100-022
6		A part of the West Half of Government Lot 1 in the Northwest
7		Quarter of Section 2, Township 44 North, Range 8 East of the
8		Third Principal Meridian in McHenry County, Illinois,
9		described as follows:
10		Beginning at the southeast corner of said West Half of
11		Government Lot 1; thence South 89 degrees 27 minutes 02 seconds
12		West (bearings based on Illinois State Plane Coordinates East
13		Zone 1983 Datum) along the south line of said West Half of
14		Government Lot 1, 115.35 feet to the point of intersection with
15		the east line of Lot 2 in McDonald's Subdivision, being a
16		subdivision of part of the Northwest Quarter of Section 2,
17		Township 44 North, Range 8 East of the Third Principal
18		Meridian, according to the plat thereof recorded December 22,
19		1993 as Document No. 93R80090, in McHenry County, Illinois
20		extended southerly; thence North 00 degrees 28 minutes 57
21		seconds East along said east line extended southerly and along
22		said east line, 48.01 feet; thence North 89 degrees 27 minutes
23		02 seconds East, 115.36 feet to a point on the east line of
24		said West Half of Government Lot 1; thence South 00 degrees 29

HB4137 Engrossed - 948 - LRB099 07987 AMC 28127 b
1		minutes 41 seconds West along said east line, 48.01 feet to the
2		Point of Beginning in McHenry County, Illinois.
3		Said parcel containing 5,537 square feet (0.127 acres) more or
4		less, of which 0.087 acres more or less, has been previously
5		used or dedicated.
6		Route: Illinois State Route 31
7		Section: Section 09-00372-00-PW
8		County: McHenry County
9		Job No.: R-91-020-06
10		Parcel: 0017
11		Sta. 536+90.86 To Sta. 539+43.61
12		Owner: Alliance Bible Church of
13		the Christian and Missionary
14		Alliance, an Illinois not for profit
15		corporation
16		Index No. 14-02-302-005; 14-02-
17		302-004; 14-02-302-002
18		A part of Lots 4 and 5, in Smith First Addition being a
19		subdivision of the North 473.90 feet of the Northwest Quarter
20		of the Southwest Quarter of Section 2, Township 44 North, Range
21		8 East of the Third Principal Meridian, lying easterly of the
22		easterly right-of-way of State Route 31, according to the plat
23		thereof recorded in the recorder's office of McHenry County,

HB4137 Engrossed - 949 - LRB099 07987 AMC 28127 b
1		Illinois on February 16, 1973, as Document No. 586905 in
2		McHenry County, Illinois, described as follows:
3		Beginning at the northeast corner of said Lot 5; thence South
4		00 degrees 08 minutes 56 seconds West (bearings based on
5		Illinois State Plane Coordinates East Zone 1983 Datum) along
6		the east line of said Lot 5, 33.94 feet; thence Southwesterly
7		106.41 feet along a curve to the right having a radius of
8		795.00 feet, the chord of said curve bears South 85 degrees 36
9		minutes 55 seconds West, a chord distance of 106.34 feet;
10		thence South 89 degrees 26 minutes 58 seconds West, 154.36 feet
11		to a point on the west line of said Lot 4; thence North 00
12		degrees 10 minutes 27 seconds East along said west line, 41.06
13		feet to the northwest corner of said Lot 4; thence North 89
14		degrees 27 minutes 02 seconds East along the north line of said
15		Lots 4 and 5, 260.35 feet to the Point of Beginning in McHenry
16		County, Illinois.
17		Said parcel containing 10,438 square feet (0.240 acres) more or
18		less.
19		(Source: P.A. 98-852, eff. 8-1-14.)
20		(735 ILCS 30/25-5-60)
21		Sec. 25-5-60 25-5-55. Quick-take; Village of Mundelein.
22		Quick-take proceedings under Article 20 may be used for a
23		period of no longer than one year after the effective date of

HB4137 Engrossed - 950 - LRB099 07987 AMC 28127 b
1		this amendatory Act of the 98th General Assembly by the Village
2		of Mundelein in Lake County for the acquisition of property and
3		easements, legally described below, for the purpose of widening
4		and reconstructing Hawley Street from Midlothian Road to
5		Seymour Avenue, and making other public utility improvements
6		including the construction of a bike path:
7		PIN: 10-24-423-010
8		That part of Lot 11 (as originally platted), in Western Slope
9		Subdivision of Mundelein, being a Subdivision of part of the
10		Southeast Quarter of Section 24, and of the Northeast Quarter
11		of Section 25, Township 44 North, Range 10, East of the Third
12		Principal Meridian, according to the plat thereof recorded May
13		9, 1925 as Document 257151, in Book "N" of Plats, Page 98,
14		described as follows: beginning at the Southeast corner of Lot
15		11; thence West along the South line of said Lot, 99.95 (meas.)
16		100.00 feet (rec.) to the Southwest corner of said Lot; thence
17		North along the West line of said Lot, 10.00 feet; thence
18		Southeasterly 8.51 feet to a point 6.00 feet East of and 4.00
19		feet North of the Southwest corner of said Lot; thence East
20		parallel with the South line of said Lot, 93.97 feet to the
21		East line of said Lot; thence South along said last described
22		line, 4.00 feet to the point of beginning, Lake County,
23		Illinois. 417.50 sq. ft.

HB4137 Engrossed - 951 - LRB099 07987 AMC 28127 b
1		Temporary easement:
2		That part of Lot 11 (as originally platted), in Western Slope
3		Subdivision of Mundelein, being a Subdivision of part of the
4		Southeast Quarter of Section 24, and of the Northeast Quarter
5		of Section 25, Township 44 North, Range 10, East of the Third
6		Principal Meridian, according to the plot thereof recorded May
7		9, 1925 as Document 257151, in Book "N" of Plats, Page 98,
8		described as follows: commencing at the Southwest corner of
9		said Lot 11; thence North along the West line of said Lot,
10		10.00 feet to the point of beginning; thence continuing North
11		along said last described line, 35.00 feet; thence East
12		parallel with the South line of said Lot, 10.00 feet; thence
13		South parallel with the West line of said Lot, 25.00 feet to a
14		line 20.00 feet North of and parallel with the South line of
15		said Lot; thence East along said last described line, 20.00
16		feet; thence South parallel with the West line of said Lot,
17		16.00 feet to a line 4.00 feet North of and parallel with the
18		South line of said Lot; thence West along said last described
19		line, 24.00 feet to a point 6.00 feet East of the West line of
20		said Lot; thence Northwesterly, 8.51 feet to the point of
21		beginning, in Lake County, Illinois. Containing 712.00 sq. ft.
22		PIN: 10-24-423-011
23		The South 4.00 feet of Lot 10 (as originally platted), in
24		Western Slope Subdivision of Mundelein, being a Subdivision of

HB4137 Engrossed - 952 - LRB099 07987 AMC 28127 b
1		part of the Southeast Quarter of Section 24, and of the
2		Northeast Quarter of Section 25, Township 44 North, Range 10,
3		East of the Third Principal Meridian, according to the plat
4		thereof recorded May 9, 1925 as Document 257151, in Book "N" of
5		Plats, Page 98, Lake County, Illinois. 400.00 sq. ft.
6		PIN: 10-24-423-013
7		The South 4.00 feet of Lot 8 (as originally platted), in
8		Western Slope Subdivision of Mundelein, being a Subdivision of
9		part of the Southeast Quarter of Section 24, and of the
10		Northeast Quarter of Section 25, Township 44 North, Range 10,
11		East of the Third Principal Meridian, according to the plat
12		thereof recorded May 9, 1925 as Document 257151, in Book "N" of
13		Plats, Page 98, Lake County, Illinois. 400.00 sq. ft.
14		PIN: 10-24-423-016
15		The South 7.00 feet of Lot 5 (as originally platted), in
16		Western Slope Subdivision of Mundelein, being a Subdivision of
17		part of the Southeast Quarter of Section 24, and of the
18		Northeast Quarter of Section 25, Township 44 North, Range 10,
19		East of the Third Principal Meridian, according to the plat
20		thereof recorded May 9, 1925 as Document 257151, in Book "N" of
21		Plats, Page 98, Lake County, Illinois. 700.00 sq. ft.

HB4137 Engrossed - 953 - LRB099 07987 AMC 28127 b
1		Temporary Easement:
2		That part of Lot 5 (as originally platted), in Western Slope
3		Subdivision of Mundelein, being a Subdivision of part of the
4		Southeast Quarter of Section 24, and of the Northeast Quarter
5		of Section 25, Township 44 North, Range 10, East of the Third
6		Principal Meridian, according to the plat thereof recorded May
7		9, 1925 as Document 257151, in Book "N" of Plats, Page 98,
8		described as follows: commencing at the Southeast corner of
9		said Lot 5; thence North along the East line of said Lot, 7.00
10		feet to the point of beginning; thence West parallel with the
11		South line of said Lot, 100.00 feet to the West line of said
12		Lot; thence North along said last described line, 5.00 feet;
13		thence East parallel with the South line of said Lot, 52.00
14		feet; thence North parallel with the West line of said Lot,
15		22.50 feet; thence East parallel with the South line of said
16		Lot, 14.50 feet; thence North parallel with the West line of
17		said Lot, 5.20 feet; thence East parallel with the South line
18		of said Lot, 33.50 feet to the East line of said Lot; thence
19		South along the last described line, 32.70 feet to the point of
20		beginning, in Lake County, Illinois. 1754.20 sq. ft.
21		PIN: 10-24-423-018
22		The South 13.50 feet of Lot 3 (as originally platted), in
23		Western Slope Subdivision of Mundelein, being a Subdivision of
24		part of the Southeast Quarter of Section 24, and of the

HB4137 Engrossed - 954 - LRB099 07987 AMC 28127 b
1		Northeast Quarter of Section 25, Township 44 North, Range 10,
2		East of the Third Principal Meridian, according to the plat
3		thereof recorded May 9, 1925 as Document 257151, in Book "N" of
4		Plats, Page 98, Lake County, Illinois. 1350.00 sq. ft.
5		Temporary Easement:
6		That part of Lot 3 (as originally platted), in Western Slope
7		Subdivision of Mundelein, being a Subdivision of part of the
8		Southeast Quarter of Section 24, and of the Northeast Quarter
9		of Section 25, Township 44 North, Range 10, East of the Third
10		Principal Meridian, according to the plat thereof recorded May
11		9, 1925 as Document 257151, in Book "N" of Plats, Page 98,
12		described as follows: commencing at the Southeast corner of
13		said Lot 3; thence North along the East line of said Lot, 13.50
14		feet to the point of beginning; thence West parallel with the
15		South line of said Lot, 100.00 feet to the West line of said
16		Lot; thence North along said last described line, 10.00 feet;
17		thence East parallel with the South line of said Lot, 45.00
18		feet; thence North parallel with the West line of said Lot,
19		30.00 feet; thence East parallel with the South line of said
20		Lot, 34.00 feet; thence South parallel with the West line of
21		said Lot, 30.00 feet; thence East parallel with the South line
22		of said Lot, 21.00 feet to the East line of said Lot; thence
23		South along the last described line, 10.00 feet to the point of
24		beginning, in Lake County, Illinois. 2020.00 sq. ft.

HB4137 Engrossed - 955 - LRB099 07987 AMC 28127 b
1		PIN: 10-24-423-019
2		The South 13.50 feet of Lot 2 (as originally platted), in
3		Western Slope Subdivision of Mundelein, being a Subdivision of
4		part of the Southeast Quarter of Section 24, and of the
5		Northeast Quarter of Section 25, Township 44 North, Range 10,
6		East of the Third Principal Meridian, according to the plat
7		thereof recorded May 9, 1925 as Document 257151, in Book "N" of
8		Plats, Page 98, Lake County, Illinois. 1350.00 sq. ft.
9		PIN: 10-24-423-021
10		The South 13.50 feet of a tract of land described as Lot 1 (as
11		originally platted), (except that part taken for highway per
12		Document No. 2242325 and 2242326), in Western Slope Subdivision
13		of Mundelein, being a Subdivision of part of the Southeast
14		Quarter of Section 24, and of the Northeast Quarter of Section
15		25, Township 44 North, Range 10, East of the Third Principal
16		Meridian, according to the plat thereof recorded May 9, 1925 as
17		Document 257151, in Book "N" of Plats, Page 98, Lake County,
18		Illinois. 1040.30 sq. ft.
19		PIN: 10-25-205-003
20		Temporary Easement:
21		That part of Lot 44 (as originally platted), in Western Slope

HB4137 Engrossed - 956 - LRB099 07987 AMC 28127 b
1		Subdivision of Mundelein, being a Subdivision of part of the
2		Southeast Quarter of Section 24, and of the Northeast Quarter
3		of Section 25, Township 44 North, Range 10, East of the Third
4		Principal Meridian, according to the plat thereof recorded May
5		9, 1925 as Document 257151 in Book "N" of Plats, Page 98,
6		described as follows: commencing at the Northeast corner of
7		said Lot 44; thence South along the East line of said Lot, 5.00
8		feet; thence West parallel with the North line of said Lot,
9		34.00 feet; thence South parallel with the East line of said
10		Lot, 5.00 feet; thence West parallel with the North line of
11		said Lot, 16.00 feet to the West line of said Lot; thence North
12		along said last described Lot, 10.00 feet to the Northwest
13		corner of said lot; thence East along the North line of said
14		lot, 50.00 feet to the point of beginning, in Lake County,
15		Illinois. Containing 331.00 sq. ft.
16		PIN: 10-25-205-004
17		Temporary Easement:
18		The North 10.00 feet (except the South 5.00 feet of the West
19		24.00 feet and the South 5.00 feet of the East 3.00 feet
20		thereof) of Lot 45 (as originally platted), in Western Slope
21		Subdivision of Mundelein, being a Subdivision of part of the
22		Southeast Quarter of Section 24, and of the Northeast Quarter
23		of Section 25, Township 44 North, Range 10, East of the Third
24		Principal Meridian, according to the plat thereof recorded May

HB4137 Engrossed - 957 - LRB099 07987 AMC 28127 b
1		9, 1925 as Document 257151, in Book "N" of Plats, Page 98, Lake
2		County, Illinois. Containing 365.40 sq. ft.
3		PIN: 10-25-205-005
4		Temporary Easement:
5		The North 5.00 feet of Lot 46 (as originally platted), in
6		Western Slope Subdivision of Mundelein, being a Subdivision of
7		part of the Southeast Quarter of Section 24, and of the
8		Northeast Quarter of Section 25, Township 44 North, Range 10,
9		East of the Third Principal Meridian, according to the plat
10		thereof recorded May 9, 1925 as Document 257151, in Book "N" of
11		Plats, Page 98, Lake County, Illinois. 250.00 sq. ft.
12		PIN: 10-25-206-003
13		Temporary Easement:
14		The North 5.00 feet of Lot 60 (as originally platted), in
15		Western Slope Subdivision of Mundelein, being a Subdivision of
16		part of the Southeast Quarter of Section 24, and of the
17		Northeast Quarter of Section 25, Township 44 North, Range 10,
18		East of the Third Principal Meridian, according to the plat
19		thereof recorded May 9, 1925 as Document 257151, in Book "N" of
20		Plats, Page 98, in Lake County, Illinois. 250.00 sq. ft.
21		PIN: 11-30-101-004

HB4137 Engrossed - 958 - LRB099 07987 AMC 28127 b
1		Temporary Easement:
2		The North 5.00 feet of the East 30.00 feet of a tract of land
3		described as the West 75.00 feet of Lots 1 and 2, in Block 1 of
4		Hammond's Addition to Rockefeller, being a Subdivision of part
5		of Lot 2 of the Northwest Quarter of Section 30, Township 44
6		North, Range 11 East of the Third Principal Meridian, according
7		to the plat thereof recorded April 2, 1895 as Document No.
8		61511, in Book "D" of Plats, Page 24,in Lake County, Illinois.
9		150.00 sq. ft.
10		PIN: 11-30-120-001
11		That part of Lot 1 in Hawley Commons, being a subdivision of
12		part of the Northwest Quarter of Section 30, Township 44 North,
13		Range 11 East, of the Third Principal Meridian according to the
14		plat thereof recorded October 8, 1999 as Document No. 4432301,
15		and described as follows: Beginning at the Northwest corner of
16		Lot 1; thence South along the West line of said Lot 1, 17.00
17		feet; thence Northeasterly 23.91 feet to a point 17.00 feet
18		East of the point of beginning and on the North line of said
19		Lot 1; thence West along the North line of Lot 1, 17.00 feet to
20		the point of beginning, in Lake County, Illinois. Containing
21		144.50 sq. ft.
22		PIN: 10-24-314-036

HB4137 Engrossed - 959 - LRB099 07987 AMC 28127 b
1		That part of Lot 14 in Block 2 in Mundelein Home Crest
2		Subdivision of the Northeast Quarter of the Northwest Quarter
3		of Section 25 and part of the East Half of the Southwest
4		Quarter of Section 24, all in Township 44 North, Range 10 East
5		of the Third Principal Meridian, according to the plat thereof
6		recorded June 4, 1926 as Document No. 280148 in Book "P" of
7		Plats, Pages 62 and 63, described as lying Southeasterly of a
8		curve concave Northwesterly having a radius of 45.00 feet and
9		being tangent to the East and South lines of said Lot 14, in
10		Lake County, Illinois. 445.10 sq. ft.
11		(Source: P.A. 98-1070, eff. 8-26-14; revised 10-20-14.)
12		Section 545. The Controlled Substance and Cannabis
13		Nuisance Act is amended by changing Section 3 as follows:
14		(740 ILCS 40/3) (from Ch. 100 1/2, par. 16)
15		Sec. 3. (a) The Department or the State's Attorney or any
16		citizen of the county in which a nuisance exists may file a
17		complaint in the name of the People of the State of Illinois,
18		to enjoin all persons from maintaining or permitting such
19		nuisance, to abate the same and to enjoin the use of any such
20		place for the period of one year.
21		(b) Upon the filing of a complaint by the State's Attorney
22		or the Department in which the complaint states that
23		irreparable injury, loss or damage will result to the People of

HB4137 Engrossed - 960 - LRB099 07987 AMC 28127 b
1		the State of Illinois, the court shall enter a temporary
2		restraining order without notice enjoining the maintenance of
3		such nuisance, upon testimony under oath, affidavit, or
4		verified complaint containing facts sufficient, if sustained,
5		to justify the court in entering a preliminary injunction upon
6		a hearing after notice. Every such temporary restraining order
7		entered without notice shall be endorsed with the date and hour
8		of entry of the order, shall be filed of record, and shall
9		expire by its terms within such time after entry, not to exceed
10		10 days as fixed by the court, unless the temporary restraining
11		order, for good cause, is extended for a like period or unless
12		the party against whom the order is directed consents that it
13		may be extended for a longer period. The reason for extension
14		shall be shown in the order. In case a temporary restraining
15		order is entered without notice, the motion for a permanent
16		injunction shall be set down for hearing at the earliest
17		possible time and takes precedence over all matters except
18		older matters of the same character, and when the motion comes
19		on for hearing, the Department or State's Attorney, as the case
20		may be, shall proceed with the application for a permanent
21		injunction, and, if he does not do so, the court shall dissolve
22		the temporary restraining order. On 2 days' days notice to the
23		Department or State's Attorney, as the case may be, the
24		defendant may appear and move the dissolution or modification
25		of such temporary restraining order and in that event the court
26		shall proceed to hear and determine such motion as

HB4137 Engrossed - 961 - LRB099 07987 AMC 28127 b
1		expeditiously as the ends of justice require.
2		(c) Upon the filing of the complaint by a citizen or the
3		Department or the State's Attorney (in cases in which the
4		Department or State's Attorney does do not request injunctive
5		relief without notice) in the circuit court, the court, if
6		satisfied that the nuisance complained of exists, shall allow a
7		temporary restraining order, with bond unless the application
8		is filed by the Department or State's Attorney, in such amount
9		as the court may determine, enjoining the defendant from
10		maintaining any such nuisance within the jurisdiction of the
11		court granting the injunctive relief. However, no such
12		injunctive relief shall be granted, except on behalf of an
13		owner or agent, unless it be made to appear to the satisfaction
14		of the court that the owner or agent of such place, knew or had
15		been personally served with a notice signed by the plaintiff
16		and, that such notice has been served upon such owner or such
17		agent of such place at least 5 days prior thereto, that such
18		place, specifically describing the same, was being so used,
19		naming the date or dates of its being so used, and that such
20		owner or agent had failed to abate such nuisance, or that upon
21		diligent inquiry such owner or agent could not be found for the
22		service of such preliminary notice. The lessee, if any, of such
23		place shall be made a party defendant to such petition. If the
24		property owner is a corporation and the Department or the
25		State's Attorney sends the preliminary notice to the corporate
26		address registered with the Secretary of State, such action

HB4137 Engrossed - 962 - LRB099 07987 AMC 28127 b
1		shall create a rebuttable presumption that the parties have
2		acted with due diligence and the court may grant injunctive
3		relief.
4		(d) In all cases in which the complaint is filed by a
5		citizen, such complaint shall be verified.
6		(Source: P.A. 95-503, eff. 1-1-08; revised 12-10-14.)
7		Section 550. The Mental Health and Developmental
8		Disabilities Confidentiality Act is amended by changing
9		Sections 9.2 and 10 as follows:
10		(740 ILCS 110/9.2)
11		Sec. 9.2. Interagency disclosure of recipient information.
12		For the purposes of continuity of care, the Department of Human
13		Services (as successor to the Department of Mental Health and
14		Developmental Disabilities), community agencies funded by the
15		Department of Human Services in that capacity, licensed private
16		hospitals, integrated health systems, members of an
17		interdisciplinary team, federally qualified health centers, or
18		physicians or therapists or other healthcare providers
19		licensed or certified by or receiving payments from the
20		Department of Human Services or the Department of Healthcare
21		and Family Services, State correctional facilities, juvenile
22		justice facilities, mental health facilities operated by a
23		county, mental health court professionals as defined in Section
24		10 of the Mental Health Court Treatment Act, Veterans and

HB4137 Engrossed - 963 - LRB099 07987 AMC 28127 b
1		Servicemembers Court professionals as defined in Section 10 of
2		the Veterans and Servicemembers Court Treatment Act and jails
3		and juvenile detention facilities operated by any county of
4		this State may disclose a recipient's record or communications,
5		without consent, to each other, but only for the purpose of
6		admission, treatment, planning, coordinating care, discharge,
7		or governmentally mandated public health reporting. Entities
8		shall not redisclose any personally identifiable information,
9		unless necessary for admission, treatment, planning,
10		coordinating care, discharge, or governmentally mandated
11		public health reporting another setting. No records or
12		communications may be disclosed to a county jail or State
13		correctional facility pursuant to this Section unless the
14		Department has entered into a written agreement with the county
15		jail or State correctional facility requiring that the county
16		jail or State correctional facility adopt written policies and
17		procedures designed to ensure that the records and
18		communications are disclosed only to those persons employed by
19		or under contract to the county jail or State correctional
20		facility who are involved in the provision of mental health
21		services to inmates and that the records and communications are
22		protected from further disclosure.
23		(Source: P.A. 97-946, eff. 8-13-12; 98-378, eff. 8-16-13;
24		revised 12-10-14.)
25		(740 ILCS 110/10) (from Ch. 91 1/2, par. 810)

HB4137 Engrossed - 964 - LRB099 07987 AMC 28127 b
1		Sec. 10. (a) Except as provided herein, in any civil,
2		criminal, administrative, or legislative proceeding, or in any
3		proceeding preliminary thereto, a recipient, and a therapist on
4		behalf and in the interest of a recipient, has the privilege to
5		refuse to disclose and to prevent the disclosure of the
6		recipient's record or communications.
7		(1) Records and communications may be disclosed in a
8		civil, criminal or administrative proceeding in which the
9		recipient introduces his mental condition or any aspect of
10		his services received for such condition as an element of
11		his claim or defense, if and only to the extent the court
12		in which the proceedings have been brought, or, in the case
13		of an administrative proceeding, the court to which an
14		appeal or other action for review of an administrative
15		determination may be taken, finds, after in camera
16		examination of testimony or other evidence, that it is
17		relevant, probative, not unduly prejudicial or
18		inflammatory, and otherwise clearly admissible; that other
19		satisfactory evidence is demonstrably unsatisfactory as
20		evidence of the facts sought to be established by such
21		evidence; and that disclosure is more important to the
22		interests of substantial justice than protection from
23		injury to the therapist-recipient relationship or to the
24		recipient or other whom disclosure is likely to harm.
25		Except in a criminal proceeding in which the recipient, who
26		is accused in that proceeding, raises the defense of

HB4137 Engrossed - 965 - LRB099 07987 AMC 28127 b
1		insanity, no record or communication between a therapist
2		and a recipient shall be deemed relevant for purposes of
3		this subsection, except the fact of treatment, the cost of
4		services and the ultimate diagnosis unless the party
5		seeking disclosure of the communication clearly
6		establishes in the trial court a compelling need for its
7		production. However, for purposes of this Act, in any
8		action brought or defended under the Illinois Marriage and
9		Dissolution of Marriage Act, or in any action in which pain
10		and suffering is an element of the claim, mental condition
11		shall not be deemed to be introduced merely by making such
12		claim and shall be deemed to be introduced only if the
13		recipient or a witness on his behalf first testifies
14		concerning the record or communication.
15		(2) Records or communications may be disclosed in a
16		civil proceeding after the recipient's death when the
17		recipient's physical or mental condition has been
18		introduced as an element of a claim or defense by any party
19		claiming or defending through or as a beneficiary of the
20		recipient, provided the court finds, after in camera
21		examination of the evidence, that it is relevant,
22		probative, and otherwise clearly admissible; that other
23		satisfactory evidence is not available regarding the facts
24		sought to be established by such evidence; and that
25		disclosure is more important to the interests of
26		substantial justice than protection from any injury which

HB4137 Engrossed - 966 - LRB099 07987 AMC 28127 b
1		disclosure is likely to cause.
2		(3) In the event of a claim made or an action filed by
3		a recipient, or, following the recipient's death, by any
4		party claiming as a beneficiary of the recipient for injury
5		caused in the course of providing services to such
6		recipient, the therapist and other persons whose actions
7		are alleged to have been the cause of injury may disclose
8		pertinent records and communications to an attorney or
9		attorneys engaged to render advice about and to provide
10		representation in connection with such matter and to
11		persons working under the supervision of such attorney or
12		attorneys, and may testify as to such records or
13		communication in any administrative, judicial or discovery
14		proceeding for the purpose of preparing and presenting a
15		defense against such claim or action.
16		(4) Records and communications made to or by a
17		therapist in the course of examination ordered by a court
18		for good cause shown may, if otherwise relevant and
19		admissible, be disclosed in a civil, criminal, or
20		administrative proceeding in which the recipient is a party
21		or in appropriate pretrial proceedings, provided such
22		court has found that the recipient has been as adequately
23		and as effectively as possible informed before submitting
24		to such examination that such records and communications
25		would not be considered confidential or privileged. Such
26		records and communications shall be admissible only as to

HB4137 Engrossed - 967 - LRB099 07987 AMC 28127 b
1		issues involving the recipient's physical or mental
2		condition and only to the extent that these are germane to
3		such proceedings.
4		(5) Records and communications may be disclosed in a
5		proceeding under the Probate Act of 1975, to determine a
6		recipient's competency or need for guardianship, provided
7		that the disclosure is made only with respect to that
8		issue.
9		(6) Records and communications may be disclosed to a
10		court-appointed therapist, psychologist, or psychiatrist
11		for use in determining a person's fitness to stand trial if
12		the records were made within the 180-day period immediately
13		preceding the date of the therapist's, psychologist's or
14		psychiatrist's court appointment. These records and
15		communications shall be admissible only as to the issue of
16		the person's fitness to stand trial. Records and
17		communications may be disclosed when such are made during
18		treatment which the recipient is ordered to undergo to
19		render him fit to stand trial on a criminal charge,
20		provided that the disclosure is made only with respect to
21		the issue of fitness to stand trial.
22		(7) Records and communications of the recipient may be
23		disclosed in any civil or administrative proceeding
24		involving the validity of or benefits under a life,
25		accident, health or disability insurance policy or
26		certificate, or Health Care Service Plan Contract,

HB4137 Engrossed - 968 - LRB099 07987 AMC 28127 b
1		insuring the recipient, but only if and to the extent that
2		the recipient's mental condition, or treatment or services
3		in connection therewith, is a material element of any claim
4		or defense of any party, provided that information sought
5		or disclosed shall not be redisclosed except in connection
6		with the proceeding in which disclosure is made.
7		(8) Records or communications may be disclosed when
8		such are relevant to a matter in issue in any action
9		brought under this Act and proceedings preliminary
10		thereto, provided that any information so disclosed shall
11		not be utilized for any other purpose nor be redisclosed
12		except in connection with such action or preliminary
13		proceedings.
14		(9) Records and communications of the recipient may be
15		disclosed in investigations of and trials for homicide when
16		the disclosure relates directly to the fact or immediate
17		circumstances of the homicide.
18		(10) Records and communications of a deceased
19		recipient shall be disclosed to a coroner conducting a
20		preliminary investigation into the recipient's death under
21		Section 3-3013 of the Counties Code.
22		(11) Records and communications of a recipient shall be
23		disclosed in a proceeding where a petition or motion is
24		filed under the Juvenile Court Act of 1987 and the
25		recipient is named as a parent, guardian, or legal
26		custodian of a minor who is the subject of a petition for

HB4137 Engrossed - 969 - LRB099 07987 AMC 28127 b
1		wardship as described in Section 2-3 of that Act or a minor
2		who is the subject of a petition for wardship as described
3		in Section 2-4 of that Act alleging the minor is abused,
4		neglected, or dependent or the recipient is named as a
5		parent of a child who is the subject of a petition,
6		supplemental petition, or motion to appoint a guardian with
7		the power to consent to adoption under Section 2-29 of the
8		Juvenile Court Act of 1987.
9		(12) Records and communications of a recipient may be
10		disclosed when disclosure is necessary to collect sums or
11		receive third party payment representing charges for
12		mental health or developmental disabilities services
13		provided by a therapist or agency to a recipient; however,
14		disclosure shall be limited to information needed to pursue
15		collection, and the information so disclosed may not be
16		used for any other purposes nor may it be redisclosed
17		except in connection with collection activities. Whenever
18		records are disclosed pursuant to this subdivision (12),
19		the recipient of the records shall be advised in writing
20		that any person who discloses mental health records and
21		communications in violation of this Act may be subject to
22		civil liability pursuant to Section 15 of this Act or to
23		criminal penalties pursuant to Section 16 of this Act or
24		both.
25		(b) Before a disclosure is made under subsection (a), any
26		party to the proceeding or any other interested person may

HB4137 Engrossed - 970 - LRB099 07987 AMC 28127 b
1		request an in camera review of the record or communications to
2		be disclosed. The court or agency conducting the proceeding may
3		hold an in camera review on its own motion. When, contrary to
4		the express wish of the recipient, the therapist asserts a
5		privilege on behalf and in the interest of a recipient, the
6		court may require that the therapist, in an in camera hearing,
7		establish that disclosure is not in the best interest of the
8		recipient. The court or agency may prevent disclosure or limit
9		disclosure to the extent that other admissible evidence is
10		sufficient to establish the facts in issue. The court or agency
11		may enter such orders as may be necessary in order to protect
12		the confidentiality, privacy, and safety of the recipient or of
13		other persons. Any order to disclose or to not disclose shall
14		be considered a final order for purposes of appeal and shall be
15		subject to interlocutory appeal.
16		(c) A recipient's records and communications may be
17		disclosed to a duly authorized committee, commission or
18		subcommittee of the General Assembly which possesses subpoena
19		and hearing powers, upon a written request approved by a
20		majority vote of the committee, commission or subcommittee
21		members. The committee, commission or subcommittee may request
22		records only for the purposes of investigating or studying
23		possible violations of recipient rights. The request shall
24		state the purpose for which disclosure is sought.
25		The facility shall notify the recipient, or his guardian,
26		and therapist in writing of any disclosure request under this

HB4137 Engrossed - 971 - LRB099 07987 AMC 28127 b
1		subsection within 5 business days after such request. Such
2		notification shall also inform the recipient, or guardian, and
3		therapist of their right to object to the disclosure within 10
4		business days after receipt of the notification and shall
5		include the name, address and telephone number of the
6		committee, commission or subcommittee member or staff person
7		with whom an objection shall be filed. If no objection has been
8		filed within 15 business days after the request for disclosure,
9		the facility shall disclose the records and communications to
10		the committee, commission or subcommittee. If an objection has
11		been filed within 15 business days after the request for
12		disclosure, the facility shall disclose the records and
13		communications only after the committee, commission or
14		subcommittee has permitted the recipient, guardian or
15		therapist to present his objection in person before it and has
16		renewed its request for disclosure by a majority vote of its
17		members.
18		Disclosure under this subsection shall not occur until all
19		personally identifiable data of the recipient and provider are
20		removed from the records and communications. Disclosure under
21		this subsection shall not occur in any public proceeding.
22		(d) No party to any proceeding described under paragraphs
23		(1), (2), (3), (4), (7), or (8) of subsection (a) of this
24		Section, nor his or her attorney, shall serve a subpoena
25		seeking to obtain access to records or communications under
26		this Act unless the subpoena is accompanied by a written order

HB4137 Engrossed - 972 - LRB099 07987 AMC 28127 b
1		issued by a judge or by the written consent under Section 5 of
2		this Act of the person whose records are being sought,
3		authorizing the disclosure of the records or the issuance of
4		the subpoena. No such written order shall be issued without
5		written notice of the motion to the recipient and the treatment
6		provider. Prior to issuance of the order, each party or other
7		person entitled to notice shall be permitted an opportunity to
8		be heard pursuant to subsection (b) of this Section. In the
9		absence of the written consent under Section 5 of this Act of
10		the person whose records are being sought, no person shall
11		comply with a subpoena for records or communications under this
12		Act, unless the subpoena is accompanied by a written order
13		authorizing the issuance of the subpoena or the disclosure of
14		the records. Each subpoena issued by a court or administrative
15		agency or served on any person pursuant to this subsection (d)
16		shall include the following language: "No person shall comply
17		with a subpoena for mental health records or communications
18		pursuant to Section 10 of the Mental Health and Developmental
19		Disabilities Confidentiality Act, 740 ILCS 110/10, unless the
20		subpoena is accompanied by a written order that authorizes the
21		issuance of the subpoena and the disclosure of records or
22		communications or by the written consent under Section 5 of
23		that Act of the person whose records are being sought."
24		(e) When a person has been transported by a peace officer
25		to a mental health facility, then upon the request of a peace
26		officer, if the person is allowed to leave the mental health

HB4137 Engrossed - 973 - LRB099 07987 AMC 28127 b
1		facility within 48 hours of arrival, excluding Saturdays,
2		Sundays, and holidays, the facility director shall notify the
3		local law enforcement authority prior to the release of the
4		person. The local law enforcement authority may re-disclose the
5		information as necessary to alert the appropriate enforcement
6		or prosecuting authority.
7		(f) A recipient's records and communications shall be
8		disclosed to the Inspector General of the Department of Human
9		Services within 10 business days of a request by the Inspector
10		General (i) in the course of an investigation authorized by the
11		Department of Human Services Act and applicable rule or (ii)
12		during the course of an assessment authorized by the Abuse of
13		Adults with Disabilities Intervention Act and applicable rule.
14		The request shall be in writing and signed by the Inspector
15		General or his or her designee. The request shall state the
16		purpose for which disclosure is sought. Any person who
17		knowingly and willfully refuses to comply with such a request
18		is guilty of a Class A misdemeanor. A recipient's records and
19		communications shall also be disclosed pursuant to subsection
20		(s) (g-5) of Section 1-17 of the Department of Human Services
21		Act in testimony at health care worker registry hearings or
22		preliminary proceedings when such are relevant to the matter in
23		issue, provided that any information so disclosed shall not be
24		utilized for any other purpose nor be redisclosed except in
25		connection with such action or preliminary proceedings.
26		(Source: P.A. 97-566, eff. 1-1-12; 98-221, eff. 1-1-14; 98-908,

HB4137 Engrossed - 974 - LRB099 07987 AMC 28127 b
1		eff. 1-1-15; revised 12-10-14.)
2		Section 555. The Illinois Marriage and Dissolution of
3		Marriage Act is amended by changing Sections 220, 503, and 601
4		as follows:
5		(750 ILCS 5/220)
6		Sec. 220. Consent to jurisdiction. Members of a same-sex
7		couple who enter into a marriage in this State consent to the
8		jurisdiction of the courts of this State for the purpose of any
9		action relating to the marriage, even if one or both parties
10		cease to reside in this State. A court shall enter a judgment
11		of dissolution of marriage if, at the time the action is
12		commenced, it meets the grounds for dissolution of marriage set
13		forth in this Act.
14		(Source: P.A. 98-597, eff. 6-1-14; revised 12-10-14.)
15		(750 ILCS 5/503) (from Ch. 40, par. 503)
16		Sec. 503. Disposition of property.
17		(a) For purposes of this Act, "marital property" means all
18		property acquired by either spouse subsequent to the marriage,
19		except the following, which is known as "non-marital property":
20		(1) property acquired by gift, legacy or descent;
21		(2) property acquired in exchange for property
22		acquired before the marriage or in exchange for property
23		acquired by gift, legacy or descent;

HB4137 Engrossed - 975 - LRB099 07987 AMC 28127 b
1		(3) property acquired by a spouse after a judgment of
2		legal separation;
3		(4) property excluded by valid agreement of the
4		parties;
5		(5) any judgment or property obtained by judgment
6		awarded to a spouse from the other spouse;
7		(6) property acquired before the marriage;
8		(7) the increase in value of property acquired by a
9		method listed in paragraphs (1) through (6) of this
10		subsection, irrespective of whether the increase results
11		from a contribution of marital property, non-marital
12		property, the personal effort of a spouse, or otherwise,
13		subject to the right of reimbursement provided in
14		subsection (c) of this Section; and
15		(8) income from property acquired by a method listed in
16		paragraphs (1) through (7) of this subsection if the income
17		is not attributable to the personal effort of a spouse.
18		(b)(1) For purposes of distribution of property pursuant to
19		this Section, all property acquired by either spouse after the
20		marriage and before a judgment of dissolution of marriage or
21		declaration of invalidity of marriage, including non-marital
22		property transferred into some form of co-ownership between the
23		spouses, is presumed to be marital property, regardless of
24		whether title is held individually or by the spouses in some
25		form of co-ownership such as joint tenancy, tenancy in common,
26		tenancy by the entirety, or community property. The presumption

HB4137 Engrossed - 976 - LRB099 07987 AMC 28127 b
1		of marital property is overcome by a showing that the property
2		was acquired by a method listed in subsection (a) of this
3		Section.
4		(2) For purposes of distribution of property pursuant to
5		this Section, all pension benefits (including pension benefits
6		under the Illinois Pension Code) acquired by either spouse
7		after the marriage and before a judgment of dissolution of
8		marriage or declaration of invalidity of the marriage are
9		presumed to be marital property, regardless of which spouse
10		participates in the pension plan. The presumption that these
11		pension benefits are marital property is overcome by a showing
12		that the pension benefits were acquired by a method listed in
13		subsection (a) of this Section. The right to a division of
14		pension benefits in just proportions under this Section is
15		enforceable under Section 1-119 of the Illinois Pension Code.
16		The value of pension benefits in a retirement system
17		subject to the Illinois Pension Code shall be determined in
18		accordance with the valuation procedures established by the
19		retirement system.
20		The recognition of pension benefits as marital property and
21		the division of those benefits pursuant to a Qualified Illinois
22		Domestic Relations Order shall not be deemed to be a
23		diminishment, alienation, or impairment of those benefits. The
24		division of pension benefits is an allocation of property in
25		which each spouse has a species of common ownership.
26		(3) For purposes of distribution of property under this

HB4137 Engrossed - 977 - LRB099 07987 AMC 28127 b
1		Section, all stock options granted to either spouse after the
2		marriage and before a judgment of dissolution of marriage or
3		declaration of invalidity of marriage, whether vested or
4		non-vested or whether their value is ascertainable, are
5		presumed to be marital property. This presumption of marital
6		property is overcome by a showing that the stock options were
7		acquired by a method listed in subsection (a) of this Section.
8		The court shall allocate stock options between the parties at
9		the time of the judgment of dissolution of marriage or
10		declaration of invalidity of marriage recognizing that the
11		value of the stock options may not be then determinable and
12		that the actual division of the options may not occur until a
13		future date. In making the allocation between the parties, the
14		court shall consider, in addition to the factors set forth in
15		subsection (d) of this Section, the following:
16		(i) All circumstances underlying the grant of the stock
17		option including but not limited to whether the grant was
18		for past, present, or future efforts, or any combination
19		thereof.
20		(ii) The length of time from the grant of the option to
21		the time the option is exercisable.
22		(b-5) As to any policy of life insurance insuring the life
23		of either spouse, or any interest in such policy, that
24		constitutes marital property, whether whole life, term life,
25		group term life, universal life, or other form of life
26		insurance policy, and whether or not the value is

HB4137 Engrossed - 978 - LRB099 07987 AMC 28127 b
1		ascertainable, the court shall allocate ownership, death
2		benefits or the right to assign death benefits, and the
3		obligation for premium payments, if any, equitably between the
4		parties at the time of the judgment for dissolution or
5		declaration of invalidity of marriage.
6		(c) Commingled marital and non-marital property shall be
7		treated in the following manner, unless otherwise agreed by the
8		spouses:
9		(1) When marital and non-marital property are
10		commingled by contributing one estate of property into
11		another resulting in a loss of identity of the contributed
12		property, the classification of the contributed property
13		is transmuted to the estate receiving the contribution,
14		subject to the provisions of paragraph (2) of this
15		subsection; provided that if marital and non-marital
16		property are commingled into newly acquired property
17		resulting in a loss of identity of the contributing
18		estates, the commingled property shall be deemed
19		transmuted to marital property, subject to the provisions
20		of paragraph (2) of this subsection.
21		(2) When one estate of property makes a contribution to
22		another estate of property, or when a spouse contributes
23		personal effort to non-marital property, the contributing
24		estate shall be reimbursed from the estate receiving the
25		contribution notwithstanding any transmutation; provided,
26		that no such reimbursement shall be made with respect to a

HB4137 Engrossed - 979 - LRB099 07987 AMC 28127 b
1		contribution which is not retraceable by clear and
2		convincing evidence, or was a gift, or, in the case of a
3		contribution of personal effort of a spouse to non-marital
4		property, unless the effort is significant and results in
5		substantial appreciation of the non-marital property.
6		Personal effort of a spouse shall be deemed a contribution
7		by the marital estate. The court may provide for
8		reimbursement out of the marital property to be divided or
9		by imposing a lien against the non-marital property which
10		received the contribution.
11		(d) In a proceeding for dissolution of marriage or
12		declaration of invalidity of marriage, or in a proceeding for
13		disposition of property following dissolution of marriage by a
14		court which lacked personal jurisdiction over the absent spouse
15		or lacked jurisdiction to dispose of the property, the court
16		shall assign each spouse's non-marital property to that spouse.
17		It also shall divide the marital property without regard to
18		marital misconduct in just proportions considering all
19		relevant factors, including:
20		(1) the contribution of each party to the acquisition,
21		preservation, or increase or decrease in value of the
22		marital or non-marital property, including (i) any such
23		decrease attributable to a payment deemed to have been an
24		advance from the parties' marital estate under subsection
25		(c-1)(2) of Section 501 and (ii) the contribution of a
26		spouse as a homemaker or to the family unit;

HB4137 Engrossed - 980 - LRB099 07987 AMC 28127 b
1		(2) the dissipation by each party of the marital or
2		non-marital property, provided that a party's claim of
3		dissipation is subject to the following conditions:
4		(i) a notice of intent to claim dissipation shall
5		be given no later than 60 days before trial or 30 days
6		after discovery closes, whichever is later;
7		(ii) the notice of intent to claim dissipation
8		shall contain, at a minimum, a date or period of time
9		during which the marriage began undergoing an
10		irretrievable breakdown, an identification of the
11		property dissipated, and a date or period of time
12		during which the dissipation occurred;
13		(iii) the notice of intent to claim dissipation
14		shall be filed with the clerk of the court and be
15		served pursuant to applicable rules;
16		(iv) no dissipation shall be deemed to have
17		occurred prior to 5 years before the filing of the
18		petition for dissolution of marriage, or 3 years after
19		the party claiming dissipation knew or should have
20		known of the dissipation;
21		(3) the value of the property assigned to each spouse;
22		(4) the duration of the marriage;
23		(5) the relevant economic circumstances of each spouse
24		when the division of property is to become effective,
25		including the desirability of awarding the family home, or
26		the right to live therein for reasonable periods, to the

HB4137 Engrossed - 981 - LRB099 07987 AMC 28127 b
1		spouse having custody of the children;
2		(6) any obligations and rights arising from a prior
3		marriage of either party;
4		(7) any antenuptial agreement of the parties;
5		(8) the age, health, station, occupation, amount and
6		sources of income, vocational skills, employability,
7		estate, liabilities, and needs of each of the parties;
8		(9) the custodial provisions for any children;
9		(10) whether the apportionment is in lieu of or in
10		addition to maintenance;
11		(11) the reasonable opportunity of each spouse for
12		future acquisition of capital assets and income; and
13		(12) the tax consequences of the property division upon
14		the respective economic circumstances of the parties.
15		(e) Each spouse has a species of common ownership in the
16		marital property which vests at the time dissolution
17		proceedings are commenced and continues only during the
18		pendency of the action. Any such interest in marital property
19		shall not encumber that property so as to restrict its
20		transfer, assignment or conveyance by the title holder unless
21		such title holder is specifically enjoined from making such
22		transfer, assignment or conveyance.
23		(f) In a proceeding for dissolution of marriage or
24		declaration of invalidity of marriage or in a proceeding for
25		disposition of property following dissolution of marriage by a
26		court that lacked personal jurisdiction over the absent spouse

HB4137 Engrossed - 982 - LRB099 07987 AMC 28127 b
1		or lacked jurisdiction to dispose of the property, the court,
2		in determining the value of the marital and non-marital
3		property for purposes of dividing the property, shall value the
4		property as of the date of trial or some other date as close to
5		the date of trial as is practicable.
6		(g) The court if necessary to protect and promote the best
7		interests of the children may set aside a portion of the
8		jointly or separately held estates of the parties in a separate
9		fund or trust for the support, maintenance, education, physical
10		and mental health, and general welfare of any minor, dependent,
11		or incompetent child of the parties. In making a determination
12		under this subsection, the court may consider, among other
13		things, the conviction of a party of any of the offenses set
14		forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
15		12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13, 12-14, 12-14.1,
16		12-15, or 12-16, or Section 12-3.05 except for subdivision
17		(a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal
18		Code of 2012 if the victim is a child of one or both of the
19		parties, and there is a need for, and cost of, care, healing
20		and counseling for the child who is the victim of the crime.
21		(h) Unless specifically directed by a reviewing court, or
22		upon good cause shown, the court shall not on remand consider
23		any increase or decrease in the value of any "marital" or
24		"non-marital" property occurring since the assessment of such
25		property at the original trial or hearing, but shall use only
26		that assessment made at the original trial or hearing.

HB4137 Engrossed - 983 - LRB099 07987 AMC 28127 b
1		(i) The court may make such judgments affecting the marital
2		property as may be just and may enforce such judgments by
3		ordering a sale of marital property, with proceeds therefrom to
4		be applied as determined by the court.
5		(j) After proofs have closed in the final hearing on all
6		other issues between the parties (or in conjunction with the
7		final hearing, if all parties so stipulate) and before judgment
8		is entered, a party's petition for contribution to fees and
9		costs incurred in the proceeding shall be heard and decided, in
10		accordance with the following provisions:
11		(1) A petition for contribution, if not filed before
12		the final hearing on other issues between the parties,
13		shall be filed no later than 30 days after the closing of
14		proofs in the final hearing or within such other period as
15		the court orders.
16		(2) Any award of contribution to one party from the
17		other party shall be based on the criteria for division of
18		marital property under this Section 503 and, if maintenance
19		has been awarded, on the criteria for an award of
20		maintenance under Section 504.
21		(3) The filing of a petition for contribution shall not
22		be deemed to constitute a waiver of the attorney-client
23		privilege between the petitioning party and current or
24		former counsel; and such a waiver shall not constitute a
25		prerequisite to a hearing for contribution. If either
26		party's presentation on contribution, however, includes

HB4137 Engrossed - 984 - LRB099 07987 AMC 28127 b
1		evidence within the scope of the attorney-client
2		privilege, the disclosure or disclosures shall be narrowly
3		construed and shall not be deemed by the court to
4		constitute a general waiver of the privilege as to matters
5		beyond the scope of the presentation.
6		(4) No finding on which a contribution award is based
7		or denied shall be asserted against counsel or former
8		counsel for purposes of any hearing under subsection (c) or
9		(e) of Section 508.
10		(5) A contribution award (payable to either the
11		petitioning party or the party's counsel, or jointly, as
12		the court determines) may be in the form of either a set
13		dollar amount or a percentage of fees and costs (or a
14		portion of fees and costs) to be subsequently agreed upon
15		by the petitioning party and counsel or, alternatively,
16		thereafter determined in a hearing pursuant to subsection
17		(c) of Section 508 or previously or thereafter determined
18		in an independent proceeding under subsection (e) of
19		Section 508.
20		(6) The changes to this Section 503 made by this
21		amendatory Act of 1996 apply to cases pending on or after
22		June 1, 1997, except as otherwise provided in Section 508.
23		(k) The changes made to this Section by Public Act 97-941
24		this amendatory Act of the 97th General Assembly apply only to
25		petitions for dissolution of marriage filed on or after January
26		1, 2013 (the effective date of Public Act 97-941) this

HB4137 Engrossed - 985 - LRB099 07987 AMC 28127 b
1		amendatory Act of the 97th General Assembly.
2		(Source: P.A. 96-583, eff. 1-1-10; 96-1551, Article 1, Section
3		985, eff. 7-1-11; 96-1551, Article 2, Section 1100, eff.
4		7-1-11; 97-608, eff. 1-1-12; 97-941, eff. 1-1-13; 97-1109, eff.
5		1-1-13; 97-1150, eff. 1-25-13; revised 12-10-14.)
6		(750 ILCS 5/601) (from Ch. 40, par. 601)
7		Sec. 601. Jurisdiction; Commencement of Proceeding.
8		(a) A court of this State competent to decide child custody
9		matters has jurisdiction to make a child custody determination
10		in original or modification proceedings as provided in Section
11		201 of the Uniform Child-Custody Jurisdiction and Enforcement
12		Act as adopted by this State.
13		(b) A child custody proceeding is commenced in the court:
14		(1) by a parent, by filing a petition:
15		(i) for dissolution of marriage or legal
16		separation or declaration of invalidity of marriage;
17		or
18		(ii) for custody of the child, in the county in
19		which he is permanently resident or found;
20		(2) by a person other than a parent, by filing a
21		petition for custody of the child in the county in which he
22		is permanently resident or found, but only if he is not in
23		the physical custody of one of his parents; or
24		(3) by a stepparent, by filing a petition, if all of
25		the following circumstances are met:

HB4137 Engrossed - 986 - LRB099 07987 AMC 28127 b
1		(A) the child is at least 12 years old;
2		(B) the custodial parent and stepparent were
3		married for at least 5 years during which the child
4		resided with the parent and stepparent;
5		(C) the custodial parent is deceased or is disabled
6		and cannot perform the duties of a parent to the child;
7		(D) the stepparent provided for the care, control,
8		and welfare to the child prior to the initiation of
9		custody proceedings;
10		(E) the child wishes to live with the stepparent;
11		and
12		(F) it is alleged to be in the best interests and
13		welfare of the child to live with the stepparent as
14		provided in Section 602 of this Act; or .
15		(4) when When one of the parents is deceased, by a
16		grandparent who is a parent or stepparent of a deceased
17		parent, by filing a petition, if one or more of the
18		following existed at the time of the parent's death:
19		(A) the surviving parent had been absent from the
20		marital abode for more than one month without the
21		deceased spouse knowing his or her whereabouts;
22		(B) the surviving parent was in State or federal
23		custody; or
24		(C) the surviving parent had: (i) received
25		supervision for or been convicted of any violation of
26		Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,

HB4137 Engrossed - 987 - LRB099 07987 AMC 28127 b
1		11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6,
2		19-6, or Article 12 of the Criminal Code of 1961 or the
3		Criminal Code of 2012 directed towards the deceased
4		parent or the child; or (ii) received supervision or
5		been convicted of violating an order of protection
6		entered under Section 217, 218, or 219 of the Illinois
7		Domestic Violence Act of 1986 for the protection of the
8		deceased parent or the child.
9		(c) Notice of a child custody proceeding, including an
10		action for modification of a previous custody order, shall be
11		given to the child's parents, guardian and custodian, who may
12		appear, be heard, and file a responsive pleading. The court,
13		upon showing of good cause, may permit intervention of other
14		interested parties.
15		(d) Proceedings for modification of a previous custody
16		order commenced more than 30 days following the entry of a
17		previous custody order must be initiated by serving a written
18		notice and a copy of the petition for modification upon the
19		child's parent, guardian and custodian at least 30 days prior
20		to hearing on the petition. Nothing in this Section shall
21		preclude a party in custody modification proceedings from
22		moving for a temporary order under Section 603 of this Act.
23		(e) (Blank).
24		(f) The court shall, at the court's discretion or upon the
25		request of any party entitled to petition for custody of the
26		child, appoint a guardian ad litem to represent the best

HB4137 Engrossed - 988 - LRB099 07987 AMC 28127 b
1		interest of the child for the duration of the custody
2		proceeding or for any modifications of any custody orders
3		entered. Nothing in this Section shall be construed to prevent
4		the court from appointing the same guardian ad litem for 2 or
5		more children that are siblings or half-siblings.
6		(Source: P.A. 97-1150, eff. 1-25-13; revised 12-10-14.)
7		Section 560. The Uniform Interstate Family Support Act is
8		amended by changing Section 102 as follows:
9		(750 ILCS 22/102) (was 750 ILCS 22/101)
10		Sec. 102. Definitions. In this Act:
11		"Child" means an individual, whether over or under the age
12		of 18, who is or is alleged to be owed a duty of support by the
13		individual's parent or who is or is alleged to be the
14		beneficiary of a support order directed to the parent.
15		"Child-support order" means a support order for a child,
16		including a child who has attained the age of 18.
17		"Duty of support" means an obligation imposed or imposable
18		by law to provide support for a child, spouse, or former spouse
19		including an unsatisfied obligation to provide support.
20		"Home state" means the state in which a child lived with a
21		parent or a person acting as parent for at least 6 consecutive
22		months immediately preceding the time of filing of a petition
23		or comparable pleading for support, and if a child is less than
24		6 months old, the state in which the child lived from birth

HB4137 Engrossed - 989 - LRB099 07987 AMC 28127 b
1		with any of them. A period of temporary absence of any of them
2		is counted as part of the 6-month or other period.
3		"Income" includes earnings or other periodic entitlements
4		to money from any source and any other property subject to
5		withholding for support under the law of this State.
6		"Income-withholding order" means an order or other legal
7		process directed to an obligor's employer or other debtor, as
8		defined by the Illinois Marriage and Dissolution of Marriage
9		Act, the Non-Support of Spouse and Children Act, the
10		Non-Support Punishment Act, the Illinois Public Aid Code, and
11		the Illinois Parentage Act of 1984, to withhold support from
12		the income of the obligor.
13		"Initiating state" means a state from which a proceeding is
14		forwarded or in which a proceeding is filed for forwarding to a
15		responding state under this Act or a law or procedure
16		substantially similar to this Act.
17		"Initiating tribunal" means the authorized tribunal in an
18		initiating state.
19		"Issuing state" means the state in which a tribunal issues
20		a support order or renders a judgment determining parentage.
21		"Issuing tribunal" means the tribunal that issues a support
22		order or renders a judgment determining parentage.
23		"Obligee" means:
24		(A) an individual to whom a duty of support is or is
25		alleged to be owed or in whose favor a support order has
26		been issued or a judgment determining parentage has been

HB4137 Engrossed - 990 - LRB099 07987 AMC 28127 b
1		rendered;
2		(B) a state or political subdivision to which the
3		rights under a duty of support or support order have been
4		assigned or which has independent claims based on financial
5		assistance provided to an individual obligee; or
6		(C) an individual seeking a judgment determining
7		parentage of the individual's child.
8		"Obligor" means an individual, or the estate of a decedent:
9		(i) who owes or is alleged to owe a duty of
10		support;
11		(ii) who is alleged but has not been adjudicated to
12		be a parent of a child; or
13		(iii) who is liable under a support order.
14		"Person means an individual, corporation, business trust,
15		estate, trust, partnership, limited liability company,
16		association, joint venture, government, governmental
17		subdivision, agency, instrumentality, public corporation, or
18		any other legal or commercial entity.
19		"Record" means information that is inscribed on a tangible
20		medium or that is stored in an electronic or other medium and
21		is retrievable in perceivable form.
22		"Register" means to record a support order or judgment
23		determining parentage in the appropriate Registry of Foreign
24		Support Orders.
25		"Registering tribunal" means a tribunal in which a support
26		order is registered.

HB4137 Engrossed - 991 - LRB099 07987 AMC 28127 b
1		"Responding state" means a state in which a proceeding is
2		filed or to which a proceeding is forwarded for filing from an
3		initiating state under this Act or a law or procedure
4		substantially similar to this Act.
5		"Responding tribunal" means the authorized tribunal in a
6		responding state.
7		"Spousal-support order" means a support order for a spouse
8		or former spouse of the obligor.
9		"State" means a state of the United States, the District of
10		Columbia, Puerto Rico, the United States Virgin Islands, or any
11		territory or insular possession subject to the jurisdiction of
12		the United States. The term includes:
13		(A) an Indian tribe; and
14		(B) a foreign country or political subdivision that:
15		(i) has been declared to be a foreign reciprocating
16		country or political subdivision under federal law;
17		(ii) has established a reciprocal arrangement for
18		child support with this State as provided in Section
19		308; or
20		(iii) has enacted a law or established procedures
21		for issuance and enforcement of support orders which
22		are substantially similar to the procedures under this
23		Act.
24		"Support enforcement agency" means a public official or
25		agency authorized to seek:
26		(A) enforcement of support orders or laws relating to

HB4137 Engrossed - 992 - LRB099 07987 AMC 28127 b
1		the duty of support;
2		(B) establishment or modification of child support;
3		(C) determination of parentage;
4		(D) to locate obligors or their assets; or
5		(E) determination of the controlling child support
6		order.
7		"Support order" means a judgment, decree, order, or
8		directive, whether temporary, final, or subject to
9		modification, issued by a tribunal for the benefit of a child,
10		a spouse, or a former spouse, which provides for monetary
11		support, health care, arrearages, or reimbursement, and may
12		include related costs and fees, interest, income withholding,
13		attorney's fees, and other relief.
14		"Tribunal" means a court, administrative agency, or
15		quasi-judicial entity authorized to establish, enforce, or
16		modify support orders or to determine parentage.
17		(Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04; revised
18		11-26-14.)
19		Section 565. The Adoption Act is amended by changing
20		Section 18.2 as follows:
21		(750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
22		Sec. 18.2. Forms.
23		(a) The Department shall develop the Illinois Adoption
24		Registry forms as provided in this Section. The General

HB4137 Engrossed - 993 - LRB099 07987 AMC 28127 b
1		Assembly shall reexamine the content of the form as requested
2		by the Department, in consultation with the Registry Advisory
3		Council. The form of the Birth Parent Registration
4		Identification Form shall be substantially as follows:
5		BIRTH PARENT REGISTRATION IDENTIFICATION
6		(Insert all known information)
7		I, ....., state that I am the ...... (mother or father) of the
8		following child:
9		Child's original name: ..... (first) ..... (middle) .....
10		(last), ..... (hour of birth), ..... (date of birth),
11		..... (city and state of birth), ..... (name of
12		hospital).
13		Father's full name: ...... (first) ...... (middle) .....
14		(last), ..... (date of birth), ..... (city and state of
15		birth).
16		Name of mother inserted on birth certificate: ..... (first)
17		..... (middle) ..... (last), ..... (race), ..... (date
18		of birth), ...... (city and state of birth).
19		That I surrendered my child to: ............. (name of agency),
20		..... (city and state of agency), ..... (approximate date
21		child surrendered).
22		That I placed my child by private adoption: ..... (date),
23		...... (city and state).
24		Name of adoptive parents, if known: ......
25		Other identifying information: .....
26		........................

HB4137 Engrossed - 994 - LRB099 07987 AMC 28127 b
1		(Signature of parent)
2		............ ........................
3		(date) (printed name of parent)
4		(b) The form of the Adopted Person Registration
5		Identification shall be substantially as follows:
6		ADOPTED PERSON
7		REGISTRATION IDENTIFICATION
8		(Insert all known information)
9		I, ....., state the following:
10		Adopted Person's present name: ..... (first) .....
11		(middle) ..... (last).
12		Adopted Person's name at birth (if known): ..... (first)
13		..... (middle) ..... (last), ..... (birth date), .....
14		(city and state of birth), ...... (sex), ..... (race).
15		Name of adoptive father: ..... (first) ..... (middle) .....
16		(last), ..... (race).
17		Maiden name of adoptive mother: ..... (first) .....
18		(middle) ..... (last), ..... (race).
19		Name of birth mother (if known): ..... (first) .....
20		(middle) ..... (last), ..... (race).
21		Name of birth father (if known): ..... (first) .....
22		(middle) ..... (last), ..... (race).
23		Name(s) at birth of sibling(s) having a common birth parent
24		with adoptee (if known): ..... (first) ..... (middle)
25		..... (last), ..... (race), and name of common birth

HB4137 Engrossed - 995 - LRB099 07987 AMC 28127 b
1		parent: ..... (first) ..... (middle) ..... (last),
2		..... (race).
3		I was adopted through: ..... (name of agency).
4		I was adopted privately: ..... (state "yes" if known).
5		I was adopted in ..... (city and state), ..... (approximate
6		date).
7		Other identifying information: .............
8		......................
9		(signature of adoptee)
10		........... .........................
11		(date) (printed name of adoptee)
12		(c) The form of the Surrendered Person Registration
13		Identification shall be substantially as follows:
14		SURRENDERED PERSON REGISTRATION
15		IDENTIFICATION
16		(Insert all known information)
17		I, ....., state the following:
18		Surrendered Person's present name: ..... (first) .....
19		(middle) ..... (last).
20		Surrendered Person's name at birth (if known): .....
21		(first) ..... (middle) ..... (last), .....(birth
22		date), ..... (city and state of birth), ...... (sex),
23		..... (race).
24		Name of guardian father: ..... (first) ..... (middle) .....
25		(last), ..... (race).

HB4137 Engrossed - 996 - LRB099 07987 AMC 28127 b
1		Maiden name of guardian mother: ..... (first) .....
2		(middle) ..... (last), ..... (race).
3		Name of birth mother (if known): ..... (first) .....
4		(middle) ..... (last) ..... (race).
5		Name of birth father (if known): ..... (first) .....
6		(middle) ..... (last), .....(race).
7		Name(s) at birth of sibling(s) having a common birth parent
8		with surrendered person (if known): ..... (first)
9		..... (middle) ..... (last), ..... (race), and name of
10		common birth parent: ..... (first) ..... (middle)
11		..... (last), ..... (race).
12		I was surrendered for adoption to: ..... (name of agency).
13		I was surrendered for adoption in ..... (city and state), .....
14		(approximate date).
15		Other identifying information: ............
16		................................
17		(signature of surrendered person)
18		............ ......................
19		(date) (printed name of person
20		surrendered for adoption)
21		(c-3) The form of the Registration Identification Form for
22		Surviving Relatives of Deceased Birth Parents shall be
23		substantially as follows:
24		REGISTRATION IDENTIFICATION FORM
25		FOR SURVIVING RELATIVES OF DECEASED BIRTH PARENTS

HB4137 Engrossed - 997 - LRB099 07987 AMC 28127 b
1		(Insert all known information)
2		I, ....., state the following:
3		Name of deceased birth parent at time of surrender:
4		Deceased birth parent's date of birth:
5		Deceased birth parent's date of death:
6		Adopted or surrendered person's name at birth (if known):
7		.....(first) ..... (middle) ..... (last), .....(birth
8		date), ..... (city and state of birth), ...... (sex),
9		..... (race).
10		My relationship to the adopted or surrendered person (check
11		one): (birth parent's non-surrendered child) (birth parent's
12		sister) (birth parent's brother).
13		If you are a non-surrendered child of the birth parent, provide
14		name(s) at birth and age(s) of non-surrendered siblings having
15		a common parent with the birth parent. If more than one
16		sibling, please give information requested below on reverse
17		side of this form. If you are a sibling or parent of the birth
18		parent, provide name(s) at birth and age(s) of the sibling(s)
19		of the birth parent. If more than one sibling, please give
20		information requested below on reverse side of this form.
21		Name (First) ..... (middle) ..... (last), .....(birth
22		date), ..... (city and state of birth), ...... (sex),
23		..... (race).
24		Name(s) of common parent(s) (first) ..... (middle) .....
25		(last), .....(race), (first) ..... (middle) .....

HB4137 Engrossed - 998 - LRB099 07987 AMC 28127 b
1		(last), .....(race).
2		My birth sibling/child of my brother/child of my sister/ was
3		surrendered for adoption to ..... (name of agency) City and
4		state of agency ..... Date .....(approximate) Other
5		identifying information ..... (Please note that you must: (i)
6		be at least 21 years of age to register; (ii) submit with your
7		registration a certified copy of the birth parent's birth
8		certificate; (iii) submit a certified copy of the birth
9		parent's death certificate; and (iv) if you are a
10		non-surrendered birth sibling or a sibling of the deceased
11		birth parent, also submit a certified copy of your birth
12		certificate with this registration. No application from a
13		surviving relative of a deceased birth parent can be accepted
14		if the birth parent filed a Denial of Information Exchange
15		prior to his or her death.)
16		................................
17		(signature of birth parent's surviving relative)
18		............ ............
19		(date) (printed name of birth
20		parent's surviving relative)
21		(c-5) The form of the Registration Identification Form for
22		Surviving Relatives of Deceased Adopted or Surrendered Persons
23		shall be substantially as follows:
24		REGISTRATION IDENTIFICATION FORM FOR

HB4137 Engrossed - 999 - LRB099 07987 AMC 28127 b
1		SURVIVING RELATIVES OF DECEASED ADOPTED OR SURRENDERED PERSONS
2		(Insert all known information)
3		I, ....., state the following:
4		Adopted or surrendered person's name at birth (if known):
5		(first) ..... (middle) ..... (last), .....(birth
6		date), ..... (city and state of birth), ...... (sex),
7		..... (race).
8		Adopted or surrendered person's date of death:
9		My relationship to the deceased adopted or surrendered
10		person(check one): (adoptive mother) (adoptive father) (adult
11		child) (surviving spouse).
12		If you are an adult child or surviving spouse of the adopted or
13		surrendered person, provide name(s) at birth and age(s) of the
14		children of the adopted or surrendered person. If the adopted
15		or surrendered person had more than one child, please give
16		information requested below on reverse side of this form.
17		Name (first) ..... (middle) ..... (last), .....(birth
18		date), ..... (city and state of birth), ...... (sex),
19		..... (race).
20		Name(s) of common parent(s) (first) ..... (middle) .....
21		(last), .....(race), (first) ..... (middle) .....
22		(last), .....(race).
23		My child/parent/deceased spouse was surrendered for
24		adoption to .....(name of agency) City and state of agency
25		..... Date ..... (approximate) Other identifying
26		information ..... (Please note that you must: (i) be at

HB4137 Engrossed - 1000 - LRB099 07987 AMC 28127 b
1		least 21 years of age to register; (ii) submit with your
2		registration a certified copy of the adopted or surrendered
3		person's death certificate; (iii) if you are the child of a
4		deceased adopted or surrendered person, also submit a
5		certified copy of your birth certificate with this
6		registration; and (iv) if you are the surviving wife or
7		husband of a deceased adopted or surrendered person, also
8		submit a copy of your marriage certificate with this
9		registration. No application from a surviving relative of a
10		deceased adopted or surrendered person can be accepted if
11		the adopted or surrendered person filed a Denial of
12		Information Exchange prior to his or her death.)
13		................................
14		(signature of adopted or surrendered person's surviving
15		relative)
16		............ ............
17		(date) (printed name of adopted
18		person's surviving relative)
19		(d) The form of the Information Exchange Authorization
20		shall be substantially as follows:
21		INFORMATION EXCHANGE AUTHORIZATION
22		I, ....., state that I am the person who completed the
23		Registration Identification; that I am of the age of .....

HB4137 Engrossed - 1001 - LRB099 07987 AMC 28127 b
1		years; that I hereby authorize the Department of Public Health
2		to give to the following person(s) (birth mother ) (birth
3		father) (birth sibling) (adopted or surrendered person )
4		(adoptive mother) (adoptive father) (legal guardian of an
5		adopted or surrendered person) (birth aunt) (birth uncle)
6		(adult child of a deceased adopted or surrendered person)
7		(surviving spouse of a deceased adopted or surrendered person)
8		(all eligible relatives) the following (please check the
9		information authorized for exchange):
10		[ ] 1. Only my name and last known address.
11		[ ] 2. A copy of my Illinois Adoption Registry
12		Application.
13		[ ] 3. A non-certified copy of the adopted or
14		surrendered person's original certificate of live birth
15		(check only if you are an adopted or surrendered person or
16		the surviving adult child or surviving spouse of a deceased
17		adopted or surrendered person).
18		[ ] 4. A copy of my completed medical questionnaire.
19		I am fully aware that I can only be supplied with
20		information about an individual or individuals who have duly
21		executed an Information Exchange Authorization that has not
22		been revoked or, if I am an adopted or surrendered person, from
23		a birth parent who completed a Birth Parent Preference Form and
24		did not prohibit the release of his or her identity to me; that
25		I can be contacted by writing to: ..... (own name or name of
26		person to contact) (address) (phone number).

HB4137 Engrossed - 1002 - LRB099 07987 AMC 28127 b
1		NOTE: New IARMIE registrants who do not complete a Medical
2		Information Exchange Questionnaire and release a copy of their
3		questionnaire to at least one Registry applicant must pay a $15
4		registration fee.
5		Dated (insert date).
6		..............
7		(signature)
8		(e) The form of the Denial of Information Exchange shall be
9		substantially as follows:
10		DENIAL OF INFORMATION EXCHANGE
11		I, ....., state that I am the person who completed the
12		Registration Identification; that I am of the age of .....
13		years; that I hereby instruct the Department of Public Health
14		not to give any identifying information about me to the
15		following person(s) (birth mother) (birth father) (birth
16		sibling)(adopted or surrendered person)(adoptive mother)
17		(adoptive father)(legal guardian of an adopted or surrendered
18		person)(birth aunt)(birth uncle)(adult child of a deceased
19		adopted or surrendered person) (surviving spouse of a deceased
20		adopted or surrendered person) (all eligible relatives).
21		I do/do not (circle appropriate response) authorize the
22		Registry to release a copy of my completed Medical Information
23		Exchange Questionnaire to qualified Registry applicants. NOTE:
24		New IARMIE registrants who do not complete a Medical
25		Information Exchange Questionnaire and release a copy of their

HB4137 Engrossed - 1003 - LRB099 07987 AMC 28127 b
1		questionnaire to at least one Registry applicant must pay a $15
2		registration fee. Birth parents filing a Denial of Information
3		Exchange are advised that, under Illinois law, an adult adopted
4		person may initiate a search for a birth parent who has filed a
5		Denial of Information Exchange or Birth Parent Preference Form
6		on which Option E was selected through the State confidential
7		intermediary program once 5 years have elapsed since the filing
8		of the Denial of Information Exchange or Birth Parent
9		Preference Form.
10		Dated (insert date).
11		...............
12		(signature)
13		(f) The form of the Birth Parent Preference Form shall be
14		substantially as follows:
15		In recognition of the basic right of all persons to access
16		their birth records, Illinois law now provides for the release
17		of original birth certificates to adopted and surrendered
18		persons 21 years of age or older upon request. While many birth
19		parents are comfortable sharing their identities or initiating
20		contact with their birth sons and daughters once they have
21		reached adulthood, Illinois law also recognizes that there may
22		be unique situations where a birth parent might have a
23		compelling reason for not wishing to establish contact with a
24		birth son or birth daughter or for not wishing to release
25		identifying information that appears on the original birth

HB4137 Engrossed - 1004 - LRB099 07987 AMC 28127 b
1		certificate of a birth son or birth daughter who has reached
2		adulthood. The Illinois Adoption Registry and Medical
3		Information Exchange (IARMIE) has therefore established the
4		attached form to allow birth parents to express their
5		preferences regarding contact; and, if their birth child was
6		born on or after January 1, 1946, to express their wishes
7		regarding the sharing of identifying information listed on the
8		original birth certificate with an adult adopted or surrendered
9		person who has reached the age of 21 or his or her surviving
10		relatives.
11		In selecting one of the 5 options below, birth parents
12		should keep in mind that the decision to deny an adult adopted
13		or surrendered person access to identifying information on his
14		or her original birth record and/or information about
15		genetically-transmitted diseases is an important decision that
16		may impact the adopted or surrendered person's life in many
17		ways. A request for anonymity on this form only pertains to
18		information that is provided to an adult adopted or surrendered
19		person or his or her surviving relatives through the Registry.
20		This will not prevent the disclosure of identifying information
21		that may be available to the adoptee through his or her
22		adoptive parents and/or other means available to him or her.
23		Birth parents who would prefer not to be contacted by their
24		surrendered son or daughter are strongly urged to complete both
25		the Non-Identifying Information Section included on the final
26		page of the attached form and the Medical Questionnaire in

HB4137 Engrossed - 1005 - LRB099 07987 AMC 28127 b
1		order to provide their surrendered son or daughter with the
2		background information he or she may need to better understand
3		his or her origins. Birth parents whose birth son or birth
4		daughter is under 21 years of age at the time of the completion
5		of this form are reminded that no original birth certificate
6		will be released by the IARMIE before an adoptee has reached
7		the age of 21. Should you need additional assistance in
8		completing this form, please contact the agency that handled
9		the adoption, if applicable, or the Illinois Adoption Registry
10		and Medical Information Exchange at 877-323-5299.
11		After careful consideration, I have made the following
12		decision regarding contact with my birth son/birth daughter,
13		(insert birth son's/birth daughter's name at birth, if
14		applicable) ......, who was born in (insert city/town of birth)
15		...... on (insert date of birth)...... and the release of my
16		identifying information as it appears on his/her original birth
17		certificate when he/she reaches the age of 21, and I have
18		chosen Option ...... (insert A, B, C, D, or E, as applicable).
19		I realize that this form must be accompanied by a completed
20		IARMIE application form as well as a Medical Information
21		Exchange Questionnaire or the $15 registration fee. I am also
22		aware that I may revoke this decision at any time by completing
23		a new Birth Parent Preference Form and filing it with the
24		IARMIE. I understand that it is my responsibility to update the
25		IARMIE with any changes to contact information provided below.
26		I also understand that, while preferences regarding the release

HB4137 Engrossed - 1006 - LRB099 07987 AMC 28127 b
1		of identifying information through the Registry are binding
2		unless the law should change in the future, any selection I
3		have made regarding my preferred method of contact is not.
4		...
5		(Signature/Date)
6		(Please insert your signature and today's date above, as well
7		as under your chosen option, A, B, C, D, or E below.)
8		Option A. My birth son or birth daughter was born on or after
9		January 1, 1946, and I agree to the release of my identifying
10		information as it appears on my birth son's/birth daughter's
11		original birth certificate, OR my birth son or birth daughter
12		was born prior to January 1, 1946. I would welcome direct
13		contact with my birth son/birth daughter when he or she has
14		reached the age of 21. In addition, before my birth son or
15		birth daughter has reached the age of 21 or in the event of his
16		or her death, I would welcome contact with the following
17		relatives of my birth child (circle all that apply): adoptive
18		mother, adoptive father, surviving spouse, surviving adult
19		child. I wish to be contacted at the following mailing address,
20		email address or phone number:
21		..............................
22		.............................................................
23		.............................................................
24		.............................................................

HB4137 Engrossed - 1007 - LRB099 07987 AMC 28127 b
1		(Signature/Date)
2		Option B. My birth son or birth daughter was born on or after
3		January 1, 1946, and I agree to the release of my identifying
4		information as it appears on my birth son's/birth daughter's
5		original birth certificate, OR my birth son or birth daughter
6		was born prior to January 1, 1946. I would welcome contact with
7		my birth son/birth daughter when he or she has reached the age
8		of 21. In addition, before my birth son or birth daughter has
9		reached the age of 21 or in the event of his or her death, I
10		would welcome contact with the following relatives of my birth
11		child (circle all that apply): adoptive mother, adoptive
12		father, surviving spouse, surviving adult child. I would prefer
13		to be contacted through the following person. (Insert name and
14		mailing address, email address or phone number of chosen
15		contact person.)
16		............................................
17		.............................................................
18		(Signature/Date)
19		Option C. My birth son or birth daughter was born on or after
20		January 1, 1946, and I agree to the release of my identifying
21		information as it appears on my birth son's/birth daughter's
22		original birth certificate, OR my birth son or birth daughter
23		was born prior to January 1, 1946. I would welcome contact with
24		my birth son/birth daughter when he or she has reached the age

HB4137 Engrossed - 1008 - LRB099 07987 AMC 28127 b
1		of 21. In addition, before my birth son or birth daughter has
2		reached the age of 21 or in the event of his or her death, I
3		would welcome contact with the following relatives of my birth
4		child (circle all that apply): adoptive mother, adoptive
5		father, surviving spouse, surviving adult child. I would prefer
6		to be contacted through the Illinois Confidential Intermediary
7		Program (please call 800-526-9022 for additional information)
8		or through the agency that handled the adoption. (Insert agency
9		name, address and phone number, if applicable.)
10		.............
11		.............................................................
12		(Signature/Date)
13		Option D. My birth son or birth daughter was born on or after
14		January 1, 1946, and I agree to the release of my identifying
15		information as it appears on my birth son's/birth daughter's
16		original birth certificate when he or she has reached the age
17		of 21, OR my birth son or birth daughter was born prior to
18		January 1, 1946. I would prefer not to be contacted by my birth
19		son/birth daughter or his or her adoptive parents or surviving
20		relatives.
21		...................................................
22		(Signature/Date)
23		Option E. My birth son or birth daughter was born on or after
24		January 1, 1946, and I wish to prohibit the release of my

HB4137 Engrossed - 1009 - LRB099 07987 AMC 28127 b
1		(circle ALL applicable options) first name, last name, last
2		known address, birth son/birth daughter's last name (if last
3		name listed is same as mine), as they appear on my birth
4		son's/birth daughter's original birth certificate and do not
5		wish to be contacted by my birth son/birth daughter when he or
6		she has reached the age of 21. If there were any special
7		circumstances that played a role in your decision to remain
8		anonymous which you would like to share with your birth
9		son/birth daughter, please list them in the space provided
10		below (optional).
11		...........................................
12		.............................................................
13		I understand that, although I have chosen to prohibit the
14		release of my identity on the non-certified copy of the
15		original birth certificate released to my birth son/birth
16		daughter, he or she may request that a court-appointed
17		confidential intermediary contact me to request updated
18		medical information and/or confirm my desire to remain
19		anonymous once 5 years have elapsed since the signing of this
20		form; at the time of this subsequent search, I wish to be
21		contacted through the person named below. (Insert in blank area
22		below the name and phone number of the contact person, or leave
23		it blank if you wish to be contacted directly.) I also
24		understand that this request for anonymity shall expire upon my
25		death.
26		......................................................

HB4137 Engrossed - 1010 - LRB099 07987 AMC 28127 b
1		.............................................................
2		(Signature/Date)
3		NOTE: A copy of this form will be forwarded to your birth son
4		or birth daughter should he or she file a request for his or
5		her original birth certificate with the IARMIE. However, if you
6		have selected Option E, identifying information, per your
7		specifications above, will be deleted from the copy of this
8		form forwarded to your birth son or daughter during your
9		lifetime. In the event that an adopted or surrendered person is
10		deceased, his or her surviving adult children may request a
11		copy of the adopted or surrendered person's original birth
12		certificate providing they have registered with the IARMIE; the
13		copy of this form and the non-certified copy of the original
14		birth certificate forwarded to the surviving child of the
15		adopted or surrendered person shall be redacted per your
16		specifications on this form during your lifetime.
17		Non-Identifying Information Section
18		I wish to voluntarily provide the following non-identifying
19		information to my birth son or birth daughter:
20		My age at the time of my child's birth was .........
21		My race is best described as: ..........................
22		My height is: .........
23		My body type is best described as (circle one): slim, average,
24		muscular, a few extra pounds, or more than a few extra pounds.
25		My natural hair color is/was: ..................

HB4137 Engrossed - 1011 - LRB099 07987 AMC 28127 b
1		My eye color is: ..................
2		My religion is best described as: ..................
3		My ethnic background is best described as: ..................
4		My educational level is closest to (circle applicable
5		response): completed elementary school, graduated from
6		high school, attended college, earned bachelor's degree,
7		earned master's degree, earned doctoral degree.
8		My occupation is best described as ..................
9		My hobbies include ..................
10		My interests include ..................
11		My talents include ..................
12		In addition to my surrendered son or daughter, I also
13		am the biological parent of (insert number) ....... boys and
14		(insert number) ....... girls, of whom (insert number) .......
15		are still living.
16		The relationship between me and my child's birth mother/birth
17		father would best be described as (circle appropriate
18		response): husband and wife, ex-spouses, boyfriend and
19		girlfriend, casual acquaintances, other (please specify)
20		..............
21		(g) The form of the Request for a Non-Certified Copy of an
22		Original Birth Certificate shall be substantially as follows:
23		REQUEST FOR A NON-CERTIFIED COPY OF AN ORIGINAL BIRTH
24		CERTIFICATE
25		I, (requesting party's full name) ....., hereby request a
26		non-certified copy of (check appropriate option) ..... my

HB4137 Engrossed - 1012 - LRB099 07987 AMC 28127 b
1		original birth certificate ..... the original birth
2		certificate of my deceased adopted or surrendered parent .....
3		the original birth certificate of my deceased adopted or
4		surrendered spouse (insert deceased parent's/deceased spouse's
5		name at adoption) ...... I/my deceased parent/my deceased
6		spouse was born in (insert city and county of adopted or
7		surrendered person's birth) ..... on ..... (insert adopted or
8		surrendered person's date of birth). In the event that one or
9		both of my/my deceased parent's/my deceased spouse's birth
10		parents has requested that their identity not be released to
11		me/to my deceased parent/to my deceased spouse, I wish to
12		(check appropriate option) ..... a. receive a non-certified
13		copy of the original birth certificate from which identifying
14		information pertaining to the birth parent who requested
15		anonymity has been deleted; or ..... b. I do not wish to
16		receive received an altered copy of the original birth
17		certificate.
18		Dated (insert date).
19		...................
20		(signature)
21		(h) Any Information Exchange Authorization, Denial of
22		Information Exchange, or Birth Parent Preference Form filed
23		with the Registry, or Request for a Non-Certified Copy of an
24		Original Birth Certificate filed with the Registry by a
25		surviving adult child or surviving spouse of a deceased adopted

HB4137 Engrossed - 1013 - LRB099 07987 AMC 28127 b
1		or surrendered person, shall be acknowledged by the person who
2		filed it before a notary public, in form substantially as
3		follows:
4		State of ..............
5		County of .............
6		I, a Notary Public, in and for the said County, in the
7		State aforesaid, do hereby certify that ...............
8		personally known to me to be the same person whose name is
9		subscribed to the foregoing certificate of acknowledgement,
10		appeared before me in person and acknowledged that (he or she)
11		signed such certificate as (his or her) free and voluntary act
12		and that the statements in such certificate are true.
13		Given under my hand and notarial seal on (insert date).
14		.........................
15		(signature)
16		(i) When the execution of an Information Exchange
17		Authorization, Denial of Information Exchange, or Birth Parent
18		Preference Form or Request for a Non-Certified Copy of an
19		Original Birth Certificate completed by a surviving adult child
20		or surviving spouse of a deceased adopted or surrendered person
21		is acknowledged before a representative of an agency, such
22		representative shall have his signature on said Certificate
23		acknowledged before a notary public, in form substantially as
24		follows:
25		State of..........

HB4137 Engrossed - 1014 - LRB099 07987 AMC 28127 b
1		County of.........
2		I, a Notary Public, in and for the said County, in the
3		State aforesaid, do hereby certify that ..... personally known
4		to me to be the same person whose name is subscribed to the
5		foregoing certificate of acknowledgement, appeared before me
6		in person and acknowledged that (he or she) signed such
7		certificate as (his or her) free and voluntary act and that the
8		statements in such certificate are true.
9		Given under my hand and notarial seal on (insert date).
10		.......................
11		(signature)
12		(j) When an Illinois Adoption Registry Application,
13		Information Exchange Authorization, Denial of Information
14		Exchange, Birth Parent Preference Form, or Request for a
15		Non-Certified Copy of an Original Birth Certificate completed
16		by a surviving adult child or surviving spouse of a deceased
17		adopted or surrendered person is executed in a foreign country,
18		the execution of such document shall be acknowledged or
19		affirmed before an officer of the United States consular
20		services.
21		(k) If the person signing an Information Exchange
22		Authorization, Denial of Information, Birth Parent Preference
23		Form, or Request for a Non-Certified Copy of an Original Birth
24		Certificate completed by a surviving adult child or surviving
25		spouse of a deceased adopted or surrendered person is in the

HB4137 Engrossed - 1015 - LRB099 07987 AMC 28127 b
1		military service of the United States, the execution of such
2		document may be acknowledged before a commissioned officer and
3		the signature of such officer on such certificate shall be
4		verified or acknowledged before a notary public or by such
5		other procedure as is then in effect for such division or
6		branch of the armed forces.
7		(l) An adopted or surrendered person, surviving adult
8		child, adult grandchild, surviving spouse, or birth parent of
9		an adult adopted person who completes a Request For a
10		Non-Certified Copy of the Original Birth Certificate shall meet
11		the same filing requirements and pay the same filing fees as a
12		non-adopted person seeking to obtain a copy of his or her
13		original birth certificate.
14		(m) Beginning on January 1, 2015, any birth parent of an
15		adult adopted person named on the original birth certificate
16		may request a non-certified copy of the original birth
17		certificate reflecting the birth of the adult adopted person,
18		provided that:
19		(1) any non-certified copy of the original birth
20		certificate released under this subsection (m) shall not
21		reflect the State file number on the original birth
22		certificate; and
23		(2) if the Department of Public Health does not locate
24		the original birth certificate, it shall issue a
25		certification of no record found.
26		(Source: P.A. 97-110, eff. 7-14-11; 98-704, eff. 1-1-15;

HB4137 Engrossed - 1016 - LRB099 07987 AMC 28127 b
1		revised 12-10-14.)
2		Section 570. The Trusts and Dissolutions of Marriage Act is
3		amended by changing Section 1 as follows:
4		(760 ILCS 35/1) (from Ch. 148, par. 301)
5		Sec. 1. (a) Unless the governing instrument or the judgment
6		of judicial termination of marriage expressly provides
7		otherwise, judicial termination of the marriage of the settlor
8		of a trust revokes every provision which is revocable by the
9		settlor pertaining to the settlor's former spouse in a trust
10		instrument or amendment thereto executed by the settlor before
11		the entry of the judgment of judicial termination of the
12		settlor's marriage, and any such trust shall be administered
13		and construed as if the settlor's former spouse had died upon
14		entry of the judgment of judicial termination of the settlor's
15		marriage.
16		(b) A trustee who has no actual knowledge of a judgment of
17		judicial termination of the settlor's marriage, shall have no
18		liability for any action taken or omitted in good faith on the
19		assumption that the settlor is married. The preceding sentence
20		is intended to affect only the liability of the trustee and
21		shall not affect the disposition of beneficial interests in any
22		trust.
23		(c) "Trust" means a trust created by a nontestamentary
24		instrument executed after the effective date of this Act,

HB4137 Engrossed - 1017 - LRB099 07987 AMC 28127 b
1		except that, unless in the governing instrument the provisions
2		of this Act are made applicable by specific reference, the
3		provisions of this Act do not apply to any (a) land trust; (b)
4		voting trust; (c) security instrument such as a trust deed or
5		mortgage; (d) liquidation trust; (e) escrow; (f) instrument
6		under which a nominee, custodian for property or paying or
7		receiving agent is appointed; or (g) a trust created by a
8		deposit arrangement in a bank or savings institution, commonly
9		known as "Totten Trust".
10		(d) The phrase "provisions pertaining to the settlor's
11		former spouse" includes, but is not limited to, every present
12		or future gift or interest or power of appointment given to the
13		settlor's former spouse or right of the settlor's former spouse
14		to serve in a fiduciary capacity.
15		(e) A provision is revocable by the settlor if the settlor
16		has the power at the time of the entry of the judgment of
17		judicial termination of the settlor's marriage to revoke,
18		modify or amend said provision, either alone or in conjunction
19		with any other person or persons.
20		(f) "Judicial termination of marriage" includes, but is not
21		limited to, divorce, dissolution, annulment or declaration of
22		invalidity of marriage.
23		(Source: P.A. 90-655, eff. 7-30-98; revised 12-10-14.)
24		Section 575. The Residential Real Property Disclosure Act
25		is amended by changing Section 5 as follows:

HB4137 Engrossed - 1018 - LRB099 07987 AMC 28127 b
1		(765 ILCS 77/5)
2		Sec. 5. Definitions. As used in this Act, unless the
3		context otherwise requires, the following terms have the
4		meaning given in this Section.
5		"Residential real property" means real property improved
6		with not less than one nor more than 4 residential dwelling
7		units; units in residential cooperatives; or, condominium
8		units, including the limited common elements allocated to the
9		exclusive use thereof that form an integral part of the
10		condominium unit. The term includes a manufactured home as
11		defined in subdivision (53) of Section 9-102 of the Uniform
12		Commercial Code that is real property as defined in the
13		Conveyance and Encumbrance of Manufactured Homes as Real
14		Property and Severance Act.
15		"Seller" means every person or entity who is an owner,
16		beneficiary of a trust, contract purchaser or lessee of a
17		ground lease, who has an interest (legal or equitable) in
18		residential real property. However, "seller" shall not include
19		any person who has both (i) never occupied the residential real
20		property and (ii) never had the management responsibility for
21		the residential real property nor delegated such
22		responsibility for the residential real property to another
23		person or entity.
24		"Prospective buyer" means any person or entity negotiating
25		or offering to become an owner or lessee of residential real

HB4137 Engrossed - 1019 - LRB099 07987 AMC 28127 b
1		property by means of a transfer for value to which this Act
2		applies.
3		(Source: P.A. 98-749, eff. 7-16-14; revised 12-10-14.)
4		Section 580. The Conveyance and Encumbrance of
5		Manufactured Homes as Real Property and Severance Act is
6		amended by changing Section 5-10 as follows:
7		(765 ILCS 170/5-10)
8		Sec. 5-10. Act not mandatory; record notice. The owner of a
9		manufactured home that is personal property or a fixture may,
10		but need not, cause that manufactured home to be deemed to be
11		real property by satisfying the requirements of Section 5-30 of
12		this Act and the requirements of Section 3-116.1 or 3-116.2 of
13		the Illinois Vehicle Code, as applicable.
14		To convey or voluntarily encumber a manufactured home as
15		real property, the following conditions must be met:
16		(1) the manufactured home must be affixed to a
17		permanent foundation on real property;
18		(2) the ownership interests in the manufactured home
19		and the real property to which the manufactured home is
20		affixed must be identical, or, if the manufactured home is
21		not located in a mobile home park as defined in Section 2.5
22		of the Mobile Home Park Act, and if the owner of the
23		manufactured home, if not the owner of the real property,
24		is in possession of the real property pursuant to the terms

HB4137 Engrossed - 1020 - LRB099 07987 AMC 28127 b
1		of a lease in recordable form that has a term that
2		continues for at least 20 years after the date of
3		execution, then the consent of the lessor of the real
4		property must be given;
5		(3) the person (all, if more than one) having an
6		ownership interest in such manufactured home shall execute
7		and record with the recording officer of the county in
8		which the real property is located an affidavit of
9		affixation as provided in Section 5-15 of this Act and
10		satisfy the other applicable requirements of this Act; and
11		(4) upon receipt of a certified copy of the recorded
12		affidavit of affixation pursuant to Section 5-25 of this
13		Act, any person designated therein for filing with the
14		Secretary of State shall file the certified copy of
15		affidavit of affixation with the Secretary of State; except
16		that:
17		(A) in a case described in subsection (a)(4)(A) of
18		Section 5-15 of this Act, a certified copy of the
19		affidavit of affixation and the original
20		Manufacturer's Statement of Origin, each as recorded
21		in the county in which the real property is located,
22		must be filed with the Secretary of State pursuant to
23		Section 3-116.1 of the Illinois Vehicle Code; and
24		(B) in a case described in subsection (a)(4)(B) of
25		Section 5-15 of this Act, a certified copy of the
26		recorded affidavit of affixation as recorded in the

HB4137 Engrossed - 1021 - LRB099 07987 AMC 28127 b
1		county in which the real property is located, and the
2		original certificate of title, including, if
3		applicable, a certificate of title issued in
4		accordance with subsection (b) of Section 3-109 of the
5		Illinois Vehicle Code, must be filed with the Secretary
6		of State pursuant to Section 3-116.2 of the Illinois
7		Vehicle Code.
8		(Source: P.A. 98-749, eff. 7-16-14; revised 12-10-14.)
9		Section 585. The Plat Act is amended by changing Section 1
10		as follows:
11		(765 ILCS 205/1) (from Ch. 109, par. 1)
12		Sec. 1. (a) Except as otherwise provided in subparagraph
13		(b) of this Section whenever the owner of land subdivides it
14		into 2 or more parts, any of which is less than 5 acres, he must
15		have it surveyed and a subdivision plat thereof made by an
16		Illinois Registered Land Surveyor, which plat must
17		particularly describe and set forth all public streets, alleys,
18		ways for public service facilities, ways for utility services
19		and community antenna television systems, parks, playgrounds,
20		school grounds or other public grounds, and all the tracts,
21		parcels, lots or blocks, and numbering all such lots, blocks or
22		parcels by progressive numbers, giving their precise
23		dimensions. There shall be submitted simultaneously with the
24		subdivision plat, a study or studies which shall show

HB4137 Engrossed - 1022 - LRB099 07987 AMC 28127 b
1		topographically and by profile the elevation of the land prior
2		to the commencement of any change in elevations as a part of
3		any phase of subdividing, and additionally, if it is
4		contemplated that such elevations, or the flow of surface water
5		from such land, will be changed as a result of any portion of
6		such subdivision development, then such study or studies shall
7		also show such proposed changes in the elevations and the flow
8		of surface water from such land. The topographical and profile
9		studies required hereunder may be prepared as a subsidiary
10		study or studies separate from, but of the same scale and size
11		as the subdivision plat, and shall be prepared in such a manner
12		as will permit the topographical study or studies to be used as
13		overlays to the subdivision plat. The plat must show all
14		angular and linear data along the exterior boundaries of the
15		tract of land divided or subdivided, the names of all public
16		streets and the width, course and extent of all public streets,
17		alleys and ways for public service facilities. References must
18		also be made upon the plat to known and permanent monuments
19		from which future survey may be made and the surveyor must, at
20		the time of making his survey, set in such manner that they
21		will not be moved by frost, good and sufficient monuments
22		marking the external boundaries of the tract to be divided or
23		subdivided and must designate upon the plat the points where
24		they may be found. These monuments must be placed at all
25		corners, at each end of all curves, at the point where a curve
26		changes its radius, at all angle points in any line and at all

HB4137 Engrossed - 1023 - LRB099 07987 AMC 28127 b
1		angle points along a meander line, the points to be not less
2		than 20 feet back from the normal water elevation of a lake or
3		from the bank of a stream, except that when such corners or
4		points fall within a street, or proposed future street, the
5		monuments must be placed in the right of way line of the
6		street. All internal boundaries, corners and points must be
7		monumented in the field by like monuments as defined above.
8		These monuments 2 of which must be of stone or reinforced
9		concrete and must be set at the opposite extremities of the
10		property platted, placed at all block corners, at each end of
11		all curves, at the points where a curve changes its radius, and
12		at all angle points in any line. All lots must be monumented in
13		the field with 2 or more monuments.
14		The monuments must be furnished by the person for whom the
15		survey is made and must be such that they will not be moved by
16		frost. If any city, village or town has adopted an official
17		plan, or part thereof, in the manner prescribed by law, the
18		plat of land situated within the area affected thereby must
19		conform to the official plan, or part thereof.
20		(b) Except as provided in subsection (c) of this Section,
21		the provisions of this Act do not apply and no subdivision plat
22		is required in any of the following instances:
23		1. the The division or subdivision of land into parcels
24		or tracts of 5 acres or more in size which does not involve
25		any new streets or easements of access;
26		2. the The division of lots or blocks of less than 1

HB4137 Engrossed - 1024 - LRB099 07987 AMC 28127 b
1		acre in any recorded subdivision which does not involve any
2		new streets or easements of access;
3		3. the The sale or exchange of parcels of land between
4		owners of adjoining and contiguous land;
5		4. the The conveyance of parcels of land or interests
6		therein for use as a right of way for railroads or other
7		public utility facilities and other pipe lines which does
8		not involve any new streets or easements of access;
9		5. the The conveyance of land owned by a railroad or
10		other public utility which does not involve any new streets
11		or easements of access;
12		6. the The conveyance of land for highway or other
13		public purposes or grants or conveyances relating to the
14		dedication of land for public use or instruments relating
15		to the vacation of land impressed with a public use;
16		7. conveyances Conveyances made to correct
17		descriptions in prior conveyances; .
18		8. the The sale or exchange of parcels or tracts of
19		land following the division into no more than 2 parts of a
20		particular parcel or tract of land existing on July 17,
21		1959 and not involving any new streets or easements of
22		access; .
23		9. the The sale of a single lot of less than 5 acres
24		from a larger tract when a survey is made by an Illinois
25		Registered Land Surveyor; provided, that this exemption
26		shall not apply to the sale of any subsequent lots from the

HB4137 Engrossed - 1025 - LRB099 07987 AMC 28127 b
1		same larger tract of land, as determined by the dimensions
2		and configuration of the larger tract on October 1, 1973,
3		and provided also that this exemption does not invalidate
4		any local requirements applicable to the subdivision of
5		land; .
6		10. the The preparation of a plat for wind energy
7		devices under Section 10-620 of the Property Tax Code.
8		Nothing contained within the provisions of this Act shall
9		prevent or preclude individual counties from establishing
10		standards, ordinances, or specifications which reduce the
11		acreage minimum to less than 5 acres, but not less than 2
12		acres, or supplementing the requirements contained herein when
13		a survey is made by an Illinois Registered Land Surveyor and a
14		plat thereof is recorded, under powers granted to them.
15		(c) However, if a plat is made by an Illinois Registered
16		Surveyor of any parcel or tract of land otherwise exempt from
17		the plat provisions of this Act pursuant to subsection (b) of
18		this Section, such plat shall be recorded. It shall not be the
19		responsibility of a recorder of deeds to determine whether the
20		plat has been made or recorded under this subsection (c) prior
21		to accepting a deed for recording.
22		(Source: P.A. 95-644, eff. 10-12-07; revised 12-10-14.)
23		Section 590. The Condominium Property Act is amended by
24		setting forth and renumbering multiple versions of Section 18.8
25		as follows:

HB4137 Engrossed - 1026 - LRB099 07987 AMC 28127 b
1		(765 ILCS 605/18.8)
2		Sec. 18.8. Use of technology.
3		(a) Any notice required to be sent or received or
4		signature, vote, consent, or approval required to be obtained
5		under any condominium instrument or any provision of this Act
6		may be accomplished using the technology generally available at
7		that time. This Section shall govern the use of technology in
8		implementing the provisions of any condominium instrument or
9		any provision of this Act concerning notices, signatures,
10		votes, consents, or approvals.
11		(b) The association, unit owners, and other persons
12		entitled to occupy a unit may perform any obligation or
13		exercise any right under any condominium instrument or any
14		provision of this Act by use of any technological means that
15		provides sufficient security, reliability, identification, and
16		verifiability.
17		(c) A verifiable electronic signature satisfies any
18		requirement for a signature under any condominium instrument or
19		any provision of this Act.
20		(d) Voting on, consent to, and approval of any matter under
21		any condominium instrument or any provision of this Act may be
22		accomplished by electronic transmission or other equivalent
23		technological means, provided that a record is created as
24		evidence thereof and maintained as long as the record would be
25		required to be maintained in nonelectronic form.

HB4137 Engrossed - 1027 - LRB099 07987 AMC 28127 b
1		(e) Subject to other provisions of law, no action required
2		or permitted by any condominium instrument or any provision of
3		this Act need be acknowledged before a notary public if the
4		identity and signature of the person can otherwise be
5		authenticated to the satisfaction of the board of directors or
6		board of managers.
7		(f) If any person does not provide written authorization to
8		conduct business using electronic transmission or other
9		equivalent technological means, the association shall, at its
10		expense, conduct business with the person without the use of
11		electronic transmission or other equivalent technological
12		means.
13		(g) This Section does not apply to any notices required
14		under Article IX of the Code of Civil Procedure related to: (i)
15		an action by the association to collect a common expense; or
16		(ii) foreclosure proceedings in enforcement of any lien rights
17		under this Act.
18		(Source: P.A. 98-1042, eff. 1-1-15.)
19		(765 ILCS 605/18.9)
20		Sec. 18.9 18.8. Common elements; rights of board.
21		(a) Any provision in a condominium instrument is void as
22		against public policy and ineffective if it limits or restricts
23		the rights of the board of managers by:
24		(1) requiring the prior consent of the unit owners in
25		order for the board of managers to take any action,

HB4137 Engrossed - 1028 - LRB099 07987 AMC 28127 b
1		including the institution of any action in court or a
2		demand for a trial by jury; or
3		(2) notwithstanding Section 32 of this Act, requiring
4		the board of managers to arbitrate or mediate a dispute
5		with any one or more of all of the declarants under the
6		condominium instruments or the developer or any person not
7		then a unit owner prior to the institution of any action by
8		the board of managers or a demand for a trial by jury.
9		(b) A provision in a declaration which would otherwise be
10		void and ineffective under this Section may be enforced if it
11		is approved by a vote of not less than 75% of the unit owners at
12		any time after the election of the first unit owner board of
13		managers.
14		(Source: P.A. 98-1068, eff. 1-1-15; revised 10-20-14.)
15		Section 595. The Mobile Home Landlord and Tenant Rights Act
16		is amended by changing Section 3 as follows:
17		(765 ILCS 745/3) (from Ch. 80, par. 203)
18		Sec. 3. Definitions. Unless otherwise expressly defined,
19		all terms in this Act shall be construed to have their
20		ordinarily accepted meanings or such meaning as the context
21		therein requires.
22		(a) "Person" means any legal entity, including but not
23		limited to, an individual, firm, partnership, association,
24		trust, joint stock company, corporation or successor of any of

HB4137 Engrossed - 1029 - LRB099 07987 AMC 28127 b
1		the foregoing.
2		(b) "Manufactured home" means a factory-assembled,
3		completely integrated structure designed for permanent
4		habitation, with a permanent chassis, and so constructed as to
5		permit its transport, on wheels temporarily or permanently
6		attached to its frame, and is a movable or portable unit that
7		is (i) 8 body feet or more in width, (ii) 40 body feet or more
8		in length, and (iii) 320 or more square feet, constructed to be
9		towed on its own chassis (comprised of frame and wheels) from
10		the place of its construction to the location, or subsequent
11		locations, at which it is connected to utilities for year-round
12		occupancy for use as a permanent habitation, and designed and
13		situated so as to permit its occupancy as a dwelling place for
14		one or more persons, and specifically includes a "manufactured
15		home" as defined in subdivision (53) of Section 9-102 of the
16		Uniform Commercial Code. The term shall include units
17		containing parts that may be folded, collapsed, or telescoped
18		when being towed and that may be expected to provide additional
19		cubic capacity, and that are designed to be joined into one
20		integral unit capable of being separated again into the
21		components for repeated towing. The term excludes campers and
22		recreational vehicles. The words "mobile home" and
23		"manufactured home" are synonymous for the purposes of this
24		Act.
25		(c) "Mobile Home Park" or "Park" means a tract of land or 2
26		contiguous tracts of land that contain sites with the necessary

HB4137 Engrossed - 1030 - LRB099 07987 AMC 28127 b
1		utilities for 5 or more mobile homes or manufactured homes. A
2		mobile home park may be operated either free of charge or for
3		revenue purposes.
4		(d) "Park Owner" means the owner of a mobile home park and
5		any person authorized to exercise any aspect of the management
6		of the premises, including any person who directly or
7		indirectly receives rents and has no obligation to deliver the
8		whole of such receipts to another person.
9		(e) "Tenant" means any person who occupies a mobile home
10		rental unit for dwelling purposes or a lot on which he parks a
11		mobile home for an agreed upon consideration.
12		(f) "Rent" means any money or other consideration given for
13		the right of use, possession and occupancy of property, be it a
14		lot, a mobile home, or both.
15		(g) "Master antenna television service" means any and all
16		services provided by or through the facilities of any closed
17		circuit coaxial cable communication system, or any microwave or
18		similar transmission services other than a community antenna
19		television system as defined in Section 11-42-11 of the
20		Illinois Municipal Code.
21		(h) "Authority having jurisdiction" means the Illinois
22		Department of Public Health or a unit of local government
23		specifically authorized by statute, rule, or ordinance to
24		enforce this Act or any other statute, rule, or ordinance
25		applicable to the mobile home park or manufactured home
26		community.

HB4137 Engrossed - 1031 - LRB099 07987 AMC 28127 b
1		(i) "Managing agent" means any person or entity responsible
2		for the operation, management, or maintenance of a mobile home
3		park or manufactured home community.
4		(Source: P.A. 98-749, eff. 7-16-14; 98-1062, eff. 1-1-15;
5		revised 10-2-14.)
6		Section 600. The Mechanics Lien Act is amended by changing
7		Section 35 as follows:
8		(770 ILCS 60/35) (from Ch. 82, par. 35)
9		Sec. 35. Satisfaction or release; recording; neglect;
10		penalty.
11		(a) Whenever a claim for lien has been filed with the
12		recorder of deeds, either by the contractor or sub-contractor,
13		and is paid with cost of filing same, or where there is a
14		failure to institute suit to enforce the same after demand as
15		provided in the preceding Section within the time by this Act
16		limited the person filing the same or some one by him duly
17		authorized in writing so to do, shall acknowledge satisfaction
18		or release thereof, in writing, on written demand of the owner,
19		lienor, or any person interested in the real estate, or his or
20		her agent or attorney, and on neglect to do so for 10 days
21		after such written demand he or she shall be liable to the
22		owner for the sum of $2,500, which may be recovered in a civil
23		action together with the costs and the reasonable attorney's
24		fees of the owner, lienor, or other person interested in the

HB4137 Engrossed - 1032 - LRB099 07987 AMC 28127 b
1		real estate, or his or her agent or attorney incurred in
2		bringing such action.
3		(b) Such a satisfaction or release of lien may be filed
4		with the recorder of deeds in whose office the claim for lien
5		had been filed and when so filed shall forever thereafter
6		discharge and release the claim for lien and shall bar all
7		actions brought or to be brought thereupon.
8		(c) The release of lien shall have the following imprinted
9		thereon in bold letters at least 1/4 inch in height: "FOR THE
10		PROTECTION OF THE OWNER, THIS RELEASE SHOULD BE FILED WITH THE
11		RECORDER IN WHOSE OFFICE THE CLAIM FOR LIEN WAS FILED." The
12		Recorder in whose office the claim for lien had been filed,
13		upon receipt of a release and the payment of the recording fee,
14		shall record the release.
15		(Source: P.A. 94-627, eff. 1-1-06; revised 12-11-14.)
16		Section 605. The Illinois Human Rights Act is amended by
17		changing Section 2-101 as follows:
18		(775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
19		Sec. 2-101. Definitions. The following definitions are
20		applicable strictly in the context of this Article.
21		(A) Employee.
22		(1) "Employee" includes:
23		(a) Any individual performing services for
24		remuneration within this State for an employer;

HB4137 Engrossed - 1033 - LRB099 07987 AMC 28127 b
1		(b) An apprentice;
2		(c) An applicant for any apprenticeship.
3		For purposes of subsection (D) of Section 2-102 of this
4		Act, "employee" also includes an unpaid intern. An unpaid
5		intern is a person who performs work for an employer under
6		the following circumstances:
7		(i) the employer is not committed to hiring the
8		person performing the work at the conclusion of the
9		intern's tenure;
10		(ii) the employer and the person performing the
11		work agree that the person is not entitled to wages for
12		the work performed; and
13		(iii) the work performed:
14		(I) supplements training given in an
15		educational environment that may enhance the
16		employability of the intern;
17		(II) provides experience for the benefit of
18		the person performing the work;
19		(III) does not displace regular employees;
20		(IV) is performed under the close supervision
21		of existing staff; and
22		(V) provides no immediate advantage to the
23		employer providing the training and may
24		occasionally impede the operations of the
25		employer.
26		(2) "Employee" does not include:

HB4137 Engrossed - 1034 - LRB099 07987 AMC 28127 b
1		(a) Domestic servants in private homes;
2		(b) Individuals employed by persons who are not
3		"employers" as defined by this Act;
4		(c) Elected public officials or the members of
5		their immediate personal staffs;
6		(d) Principal administrative officers of the State
7		or of any political subdivision, municipal corporation
8		or other governmental unit or agency;
9		(e) A person in a vocational rehabilitation
10		facility certified under federal law who has been
11		designated an evaluee, trainee, or work activity
12		client.
13		(B) Employer.
14		(1) "Employer" includes:
15		(a) Any person employing 15 or more employees
16		within Illinois during 20 or more calendar weeks within
17		the calendar year of or preceding the alleged
18		violation;
19		(b) Any person employing one or more employees when
20		a complainant alleges civil rights violation due to
21		unlawful discrimination based upon his or her physical
22		or mental disability unrelated to ability, pregnancy,
23		or sexual harassment;
24		(c) The State and any political subdivision,
25		municipal corporation or other governmental unit or
26		agency, without regard to the number of employees;

HB4137 Engrossed - 1035 - LRB099 07987 AMC 28127 b
1		(d) Any party to a public contract without regard
2		to the number of employees;
3		(e) A joint apprenticeship or training committee
4		without regard to the number of employees.
5		(2) "Employer" does not include any religious
6		corporation, association, educational institution,
7		society, or non-profit nursing institution conducted by
8		and for those who rely upon treatment by prayer through
9		spiritual means in accordance with the tenets of a
10		recognized church or religious denomination with respect
11		to the employment of individuals of a particular religion
12		to perform work connected with the carrying on by such
13		corporation, association, educational institution, society
14		or non-profit nursing institution of its activities.
15		(C) Employment Agency. "Employment Agency" includes both
16		public and private employment agencies and any person, labor
17		organization, or labor union having a hiring hall or hiring
18		office regularly undertaking, with or without compensation, to
19		procure opportunities to work, or to procure, recruit, refer or
20		place employees.
21		(D) Labor Organization. "Labor Organization" includes any
22		organization, labor union, craft union, or any voluntary
23		unincorporated association designed to further the cause of the
24		rights of union labor which is constituted for the purpose, in
25		whole or in part, of collective bargaining or of dealing with
26		employers concerning grievances, terms or conditions of

HB4137 Engrossed - 1036 - LRB099 07987 AMC 28127 b
1		employment, or apprenticeships or applications for
2		apprenticeships, or of other mutual aid or protection in
3		connection with employment, including apprenticeships or
4		applications for apprenticeships.
5		(E) Sexual Harassment. "Sexual harassment" means any
6		unwelcome sexual advances or requests for sexual favors or any
7		conduct of a sexual nature when (1) submission to such conduct
8		is made either explicitly or implicitly a term or condition of
9		an individual's employment, (2) submission to or rejection of
10		such conduct by an individual is used as the basis for
11		employment decisions affecting such individual, or (3) such
12		conduct has the purpose or effect of substantially interfering
13		with an individual's work performance or creating an
14		intimidating, hostile or offensive working environment.
15		(F) Religion. "Religion" with respect to employers
16		includes all aspects of religious observance and practice, as
17		well as belief, unless an employer demonstrates that he is
18		unable to reasonably accommodate an employee's or prospective
19		employee's religious observance or practice without undue
20		hardship on the conduct of the employer's business.
21		(G) Public Employer. "Public employer" means the State, an
22		agency or department thereof, unit of local government, school
23		district, instrumentality or political subdivision.
24		(H) Public Employee. "Public employee" means an employee of
25		the State, agency or department thereof, unit of local
26		government, school district, instrumentality or political

HB4137 Engrossed - 1037 - LRB099 07987 AMC 28127 b
1		subdivision. "Public employee" does not include public
2		officers or employees of the General Assembly or agencies
3		thereof.
4		(I) Public Officer. "Public officer" means a person who is
5		elected to office pursuant to the Constitution or a statute or
6		ordinance, or who is appointed to an office which is
7		established, and the qualifications and duties of which are
8		prescribed, by the Constitution or a statute or ordinance, to
9		discharge a public duty for the State, agency or department
10		thereof, unit of local government, school district,
11		instrumentality or political subdivision.
12		(J) Eligible Bidder. "Eligible bidder" means a person who,
13		prior to a bid opening, has filed with the Department a
14		properly completed, sworn and currently valid employer report
15		form, pursuant to the Department's regulations. The provisions
16		of this Article relating to eligible bidders apply only to bids
17		on contracts with the State and its departments, agencies,
18		boards, and commissions, and the provisions do not apply to
19		bids on contracts with units of local government or school
20		districts.
21		(K) Citizenship Status. "Citizenship status" means the
22		status of being:
23		(1) a born U.S. citizen;
24		(2) a naturalized U.S. citizen;
25		(3) a U.S. national; or
26		(4) a person born outside the United States and not a

HB4137 Engrossed - 1038 - LRB099 07987 AMC 28127 b
1		U.S. citizen who is not an unauthorized alien and who is
2		protected from discrimination under the provisions of
3		Section 1324b of Title 8 of the United States Code, as now
4		or hereafter amended.
5		(Source: P.A. 97-877, eff. 8-2-12; 98-1037, eff. 1-1-15;
6		98-1050, eff. 1-1-15; revised 10-3-14.)
7		Section 610. The General Not For Profit Corporation Act of
8		1986 is amended by changing Section 112.10 as follows:
9		(805 ILCS 105/112.10) (from Ch. 32, par. 112.10)
10		Sec. 112.10. Voluntary dissolution by written consent of
11		members entitled to vote. Except for the dissolution of a
12		not-for-profit corporation organized for the purpose of
13		ownership or administration of residential property on a
14		cooperative basis, when . When a corporation has members
15		entitled to vote on dissolution, the dissolution of a
16		corporation may be authorized pursuant to Section 107.10 of
17		this Act. Dissolution pursuant to this the Section does not
18		require any vote of the directors of the corporation.
19		(Source: P.A. 98-302, eff. 1-1-14; revised 12-11-14.)
20		Section 615. The Limited Liability Company Act is amended
21		by changing Section 35-40 as follows:
22		(805 ILCS 180/35-40)

HB4137 Engrossed - 1039 - LRB099 07987 AMC 28127 b
1		Sec. 35-40. Reinstatement following administrative
2		dissolution.
3		(a) A limited liability company administratively dissolved
4		under Section 35-25 may be reinstated by the Secretary of State
5		following the date of issuance of the notice of dissolution
6		upon:
7		(1) The filing of an application for reinstatement.
8		(2) The filing with the Secretary of State by the
9		limited liability company of all reports then due and
10		theretofore becoming due.
11		(3) The payment to the Secretary of State by the
12		limited liability company of all fees and penalties then
13		due and theretofore becoming due.
14		(b) The application for reinstatement shall be executed and
15		filed in duplicate in accordance with Section 5-45 of this Act
16		and shall set forth all of the following:
17		(1) The name of the limited liability company at the
18		time of the issuance of the notice of dissolution.
19		(2) If the name is not available for use as determined
20		by the Secretary of State at the time of filing the
21		application for reinstatement, the name of the limited
22		liability company as changed, provided that any change of
23		name is properly effected under Section 1-10 and Section
24		5-25 5.25 of this Act.
25		(3) The date of issuance of the notice of dissolution.
26		(4) The address, including street and number or rural

HB4137 Engrossed - 1040 - LRB099 07987 AMC 28127 b
1		route number of the registered office of the limited
2		liability company upon reinstatement thereof and the name
3		of its registered agent at that address upon the
4		reinstatement of the limited liability company, provided
5		that any change from either the registered office or the
6		registered agent at the time of dissolution is properly
7		reported under Section 1-35 of this Act.
8		(c) When a dissolved limited liability company has complied
9		with the provisions of the Section, the Secretary of State
10		shall file the application for reinstatement.
11		(d) Upon the filing of the application for reinstatement,
12		the limited liability company existence shall be deemed to have
13		continued without interruption from the date of the issuance of
14		the notice of dissolution, and the limited liability company
15		shall stand revived with the powers, duties, and obligations as
16		if it had not been dissolved; and all acts and proceedings of
17		its members, managers, officers, employees, and agents, acting
18		or purporting to act in that capacity, and which would have
19		been legal and valid but for the dissolution, shall stand
20		ratified and confirmed.
21		(e) Without limiting the generality of subsection (d), upon
22		the filing of the application for reinstatement, no member,
23		manager, or officer shall be personally liable for the debts
24		and liabilities of the limited liability company incurred
25		during the period of administrative dissolution by reason of
26		the fact that the limited liability company was

HB4137 Engrossed - 1041 - LRB099 07987 AMC 28127 b
1		administratively dissolved at the time the debts or liabilities
2		were incurred.
3		(Source: P.A. 98-776, eff. 1-1-15; revised 12-11-14.)
4		Section 620. The Illinois Securities Law of 1953 is amended
5		by changing Section 11a as follows:
6		(815 ILCS 5/11a) (from Ch. 121 1/2, par. 137.11a)
7		Sec. 11a. Fees.
8		(1) The Secretary of State shall by rule or regulation
9		impose and shall collect reasonable fees necessary for the
10		administration of this Act including, but not limited to, fees
11		for the following purposes:
12		(a) filing an application pursuant to paragraph (2) of
13		subsection F of Section 4 of this Act;
14		(b) examining an application and report pursuant to
15		paragraph (2) of subsection F of Section 4 of this Act;
16		(c) filing a report pursuant to subsection G of Section
17		4 of this Act, determined in accordance with paragraph (4)
18		of subsection G of Section 4 of this Act;
19		(d) examining an offering sheet pursuant to subsection
20		P of Section 4 of this Act;
21		(e) filing a report pursuant to subsection P of Section
22		4, determined in accordance with subsection P of Section 4
23		of this Act;
24		(f) examining an application to register securities

HB4137 Engrossed - 1042 - LRB099 07987 AMC 28127 b
1		under subsection B of Section 5 of this Act;
2		(g) examining an amended or supplemental prospectus
3		filed pursuant to the undertaking required by
4		sub-paragraph (i) of paragraph (2) of subsection B of
5		Section 5 of this Act;
6		(h) registering or renewing registration of securities
7		under Section 5, determined in accordance with subsection C
8		of Section 5 of this Act;
9		(i) registering securities in excess of the amount
10		initially registered, determined in accordance with
11		paragraph (2) of subsection C of Section 5 of this Act;
12		(j) failure to file timely an application for renewal
13		under subsection E of Section 5 of this Act;
14		(k) failure to file timely any document or information
15		required under Section 5 of this Act;
16		(l) examining an application to register face amount
17		certificate contracts under subsection B of Section 6 of
18		this Act;
19		(m) examining an amended or supplemental prospectus
20		filed pursuant to the undertaking required by
21		sub-paragraph (f) of paragraph (2) of subsection B of
22		Section 6 of this Act;
23		(n) registering or renewing registration of face
24		amount certificate contracts under Section 6 of this Act;
25		(o) amending a registration of face amount certificate
26		contracts pursuant to subsection E of Section 6 of this Act

HB4137 Engrossed - 1043 - LRB099 07987 AMC 28127 b
1		to add any additional series, type or class of contract;
2		(p) failure to file timely an application for renewal
3		under subsection F of Section 6 of this Act;
4		(q) adding to or withdrawing from deposits with respect
5		to face amount certificate contracts pursuant to
6		subsection H of Section 6, a transaction charge payable at
7		the times and in the manner specified in subsection H of
8		Section 6 (which transaction charge shall be in addition to
9		the annual fee called for by subsection H of Section 6 of
10		this Act);
11		(r) failure to file timely any document or information
12		required under Section 6 of this Act;
13		(s) examining an application to register investment
14		fund shares under subsection B of Section 7 of this Act;
15		(t) examining an amended or supplemental prospectus
16		filed pursuant to the undertaking required by
17		sub-paragraph (f) of paragraph (2) of subsection B of
18		Section 7 of this Act;
19		(u) registering or renewing registration of investment
20		fund shares under Section 7 of this Act;
21		(v) amending a registration of investment fund shares
22		pursuant to subsection D of Section 7 of this Act to
23		register an additional class or classes of investment fund
24		shares;
25		(w) failure to file timely an application for renewal
26		under paragraph (l) of subsection G of Section 7 of this

HB4137 Engrossed - 1044 - LRB099 07987 AMC 28127 b
1		Act;
2		(x) examining an application for renewal of
3		registration of investment fund shares under paragraph (2)
4		of subsection G of Section 7 of this Act;
5		(y) failure to file timely any document or information
6		required under Section 7 of this Act;
7		(z) filing an application for registration or
8		re-registration of a dealer or limited Canadian dealer
9		under Section 8 of this Act for each office in this State;
10		(aa) in connection with an application for the
11		registration or re-registration of a salesperson under
12		Section 8 of or this Act, for the following purposes:
13		(i) filing an application;
14		(ii) a Securities Audit and Enforcement Fund fee;
15		and
16		(iii) a notification filing of federal covered
17		investment advisers;
18		(bb) in connection with an application for the
19		registration or re-registration of an investment adviser
20		under Section 8 of this Act;
21		(cc) failure to file timely any document or information
22		required under Section 8 of this Act;
23		(dd) filing a consent to service of process under
24		Section 10 of this Act;
25		(ee) issuing a certificate pursuant to subsection B of
26		Section 15 of this Act;

HB4137 Engrossed - 1045 - LRB099 07987 AMC 28127 b
1		(ff) issuing a certified copy pursuant to subsection C
2		of Section 15 of this Act;
3		(gg) issuing a non-binding statement pursuant to
4		Section 15a of this Act;
5		(hh) filings by Notification under Section 2a;
6		(ii) notification filing of federal Regulation D,
7		Section 506 offering under the Federal 1933 Act;
8		(jj) notification filing of securities and closed-end
9		investment company securities;
10		(kk) notification filing of face amount certificate
11		contracts;
12		(ll) notification filing of open-end investment
13		company securities;
14		(mm) filing a report pursuant to subsection D of
15		Section 4 of this Act;
16		(nn) in connection with the filing of an application
17		for registration or re-registration of an investment
18		adviser representative under subsection D of Section 8 of
19		this Act.
20		(2) The Secretary of State may, by rule or regulation,
21		raise or lower any fee imposed by, and which he or she is
22		authorized by law to collect under, this Act.
23		(Source: P.A. 90-70, eff. 7-8-97; 91-357, eff. 7-29-99; revised
24		12-11-14.)
25		Section 625. The Ticket Sale and Resale Act is amended by

HB4137 Engrossed - 1046 - LRB099 07987 AMC 28127 b
1		changing Sections 1 and 2 as follows:
2		(815 ILCS 414/1) (was 720 ILCS 375/1)
3		Sec. 1. Sale of tickets other than at box office
4		prohibited; exceptions.
5		(a) It is unlawful for any person, firm or corporation,
6		owner, lessee, manager, trustee, or any of their employees or
7		agents, owning, conducting, managing or operating any theater,
8		circus, baseball park, or place of public entertainment or
9		amusement where tickets of admission are sold for any such
10		places of amusement or public entertainment to sell or permit
11		the sale, barter or exchange of such admission tickets at any
12		other place than in the box office or on the premises of such
13		theater, circus, baseball park, or place of public
14		entertainment or amusement, but nothing herein prevents such
15		theater, circus, baseball park, or place of public
16		entertainment or amusement from placing any of its admission
17		tickets for sale at any other place at the same price such
18		admission tickets are sold by such theater, circus, baseball
19		park, or other place of public entertainment or amusement at
20		its box office or on the premises of such places, at the same
21		advertised price or printed rate thereof.
22		(b) Any term or condition of the original sale of a ticket
23		to any theater, circus, baseball park, or place of public
24		entertainment or amusement where tickets of admission are sold
25		that purports to limit the terms or conditions of resale of the

HB4137 Engrossed - 1047 - LRB099 07987 AMC 28127 b
1		ticket (including but not limited to the resale price of the
2		ticket) is unenforceable, null, and void if the resale
3		transaction is carried out by any of the means set forth in
4		subsections (b), (c), (d), and (e) of Section 1.5 of this Act.
5		This subsection shall not apply to a term or condition of the
6		original sale of a ticket to any theater, circus, baseball
7		park, or place of public entertainment or amusement where
8		tickets of admission are sold that purports to limit the terms
9		or conditions of resale of a ticket specifically designated as
10		seating in a special section for a person with a physical
11		disability.
12		(Source: P.A. 94-20, eff. 6-14-05; revised 12-11-14.)
13		(815 ILCS 414/2) (was 720 ILCS 375/2)
14		Sec. 2. (a) Whoever violates any of the provisions of
15		Section 1.5 of this Act shall be guilty of a Class A
16		misdemeanor and may be fined up to $5,000.00 for each offense
17		and whoever violates any other provision of this Act may be
18		enjoined and be required to make restitution to all injured
19		consumers upon application for injunctive relief by the State's
20		Attorney or Attorney General and shall also be guilty of a
21		Class A misdemeanor, and any owner, lessee, manager or trustee
22		convicted under this Act shall, in addition to the penalty
23		herein provided, forfeit the license of such theatre, circus,
24		baseball park, or place of public entertainment or amusement so
25		granted and the same shall be revoked by the authorities

HB4137 Engrossed - 1048 - LRB099 07987 AMC 28127 b
1		granting the same.
2		(b) Tickets sold or offered for sale by a person, firm or
3		corporation in violation of Section 1.5 of this Act may be
4		confiscated by a court on motion of the Attorney General, a
5		State's Attorney, the sponsor of the event for which the
6		tickets are being sold, or the owner or operator of the
7		facility at which the event is to be held, and may be donated
8		by order of the court to an appropriate organization as defined
9		under Section 2 of the Charitable Games Act.
10		(c) The Attorney General, a State's Attorney, the sponsor
11		of an event for which tickets are being sold, or the owner or
12		operator of the facility at which an event is to be held may
13		seek an injunction restraining any person, firm or corporation
14		from selling or offering for sale tickets in violation of the
15		provisions of this Act. In addition, on motion of the Attorney
16		General, a State's Attorney, the sponsor of an event for which
17		tickets are being sold, or the owner or operator of the
18		facility at which an event is to be held, a court may
19		permanently enjoin a person, firm or corporation found guilty
20		of violating Section 1.5 of this Act from engaging in the offer
21		or sale of tickets.
22		(Source: P.A. 91-357, eff. 7-29-99; revised 12-11-14.)
23		Section 630. The Consumer Fraud and Deceptive Business
24		Practices Act is amended by setting forth and renumbering
25		multiple versions of Section 2RRR as follows:

HB4137 Engrossed - 1049 - LRB099 07987 AMC 28127 b
1		(815 ILCS 505/2RRR)
2		Sec. 2RRR. Household goods recycling bins.
3		(a) Notwithstanding any other provision of law, a person or
4		entity owning, operating, or maintaining a household goods
5		recycling bin shall have a permanent, written, printed label
6		affixed to the bin that is prominently displayed and includes
7		the following: (1) the name, address, and contact information
8		of the person or entity owning, operating, or maintaining that
9		bin; and (2) whether the person or entity owning, operating, or
10		maintaining the bin is a not for profit entity or a for profit
11		entity. A person or entity who violates this Section commits an
12		unlawful practice within the meaning of this Act.
13		(b) As used in this Section:
14		"Household goods recycling bin" or "bin" means a
15		container or receptacle held out to the public as a place
16		for people to discard clothes, shoes, books, and other
17		recyclable items until they are taken away for resale,
18		re-use, recycling, or redistribution by the person or
19		entity that owns, operates, or maintains the bin.
20		"Not for profit entity" means any entity that is
21		officially recognized by the United States Internal
22		Revenue Service as a tax-exempt entity described in Section
23		501(c)(3) of the Internal Revenue Code of 1986 (or any
24		successor provision of federal tax law).
25		(Source: P.A. 98-1116, eff. 1-1-15.)

HB4137 Engrossed - 1050 - LRB099 07987 AMC 28127 b
1		(815 ILCS 505/2SSS)
2		Sec. 2SSS 2RRR. Unfair or deceptive patent infringement
3		demand letters.
4		(a) As used in this Section:
5		"Affiliated person" means a person affiliated with the
6		intended recipient of a written or electronic communication.
7		"Intended recipient" means a person who purchases, rents,
8		leases, or otherwise obtains a product or service in the
9		commercial market that is not for resale in the commercial
10		market and that is, or later becomes, the subject of a patent
11		infringement allegation.
12		(b) It is an unlawful practice under this Act for a person,
13		in connection with the assertion of a United States patent, to
14		send or cause any person to send any written, including
15		electronic, communication that states that the intended
16		recipient or any affiliated person is infringing or has
17		infringed a patent and bears liability or owes compensation to
18		another person, if:
19		(1) the communication falsely threatens that
20		administrative or judicial relief will be sought if
21		compensation is not paid or the infringement issue is not
22		otherwise resolved;
23		(2) the communication falsely states that litigation
24		has been filed against the intended recipient or any
25		affiliated person;

HB4137 Engrossed - 1051 - LRB099 07987 AMC 28127 b
1		(3) the assertions contained in the communication lack
2		a reasonable basis in fact or law because:
3		(A) the person asserting the patent is not a
4		person, or does not represent a person, with the
5		current right to license the patent to or enforce the
6		patent against the intended recipient or any
7		affiliated person;
8		(B) the communication seeks compensation for a
9		patent that has been held to be invalid or
10		unenforceable in a final, unappealable or unappealed,
11		judicial or administrative decision; or
12		(C) the communication seeks compensation on
13		account of activities undertaken after the patent has
14		expired; or
15		(4) the content of the communication fails to include
16		information necessary to inform an intended recipient or
17		any affiliated person about the patent assertion by failing
18		to include the following:
19		(A) the identity of the person asserting a right to
20		license the patent to or enforce the patent against the
21		intended recipient or any affiliated person;
22		(B) the patent issued by the United States Patent
23		and Trademark Office alleged to have been infringed;
24		and
25		(C) the factual allegations concerning the
26		specific areas in which the intended recipient's or

HB4137 Engrossed - 1052 - LRB099 07987 AMC 28127 b
1		affiliated person's products, services, or technology
2		infringed the patent or are covered by the claims in
3		the patent.
4		(c) Nothing in this Section shall be construed to deem it
5		an unlawful practice for any person who owns or has the right
6		to license or enforce a patent to:
7		(1) advise others of that ownership or right of license
8		or enforcement;
9		(2) communicate to others that the patent is available
10		for license or sale;
11		(3) notify another of the infringement of the patent;
12		or
13		(4) seek compensation on account of past or present
14		infringement or for a license to the patent.
15		(Source: P.A. 98-1119, eff. 1-1-15; revised 10-20-14.)
16		Section 635. The Day and Temporary Labor Services Act is
17		amended by changing Section 10 as follows:
18		(820 ILCS 175/10)
19		Sec. 10. Employment Notice.
20		(a) Whenever a day and temporary labor service agency
21		agrees to send one or more persons to work as day or temporary
22		laborers, the day and temporary labor service agency shall
23		provide to each day or temporary laborer, at the time of
24		dispatch, a statement containing the following items on a form

HB4137 Engrossed - 1053 - LRB099 07987 AMC 28127 b
1		approved by the Department:
2		(1) the name of the day or temporary laborer;
3		(2) the name and nature of the work to be performed;
4		(3) the wages offered;
5		(4) the name and address of the destination of each day
6		or temporary laborer;
7		(5) terms of transportation; and
8		(6) whether a meal or equipment, or both, are provided,
9		either by the day and temporary labor service agency or the
10		third party client, and the cost of the meal and equipment,
11		if any.
12		If a day or temporary laborer is assigned to the same
13		assignment for more than one day, the day and temporary labor
14		service agency is required to provide the employment notice
15		only on the first day of the assignment and on any day that any
16		of the terms listed on the employment notice are changed.
17		If the day or temporary laborer is not placed with a third
18		party client or otherwise contracted to work for that day, the
19		day and temporary labor service agency shall, upon request,
20		provide the day and temporary laborer with a confirmation that
21		the day or temporary laborer sought work, signed by an employee
22		of the day and temporary labor service agency, which shall
23		include the name of the agency, the name and address of the day
24		or temporary laborer, and the date and the time that the day or
25		temporary laborer receives the confirmation.
26		(b) No day and temporary labor service agency may send any

HB4137 Engrossed - 1054 - LRB099 07987 AMC 28127 b
1		day or temporary laborer to any place where a strike, a
2		lockout, or other labor trouble exists.
3		(c) The Department shall recommend to day and temporary
4		labor service agencies that those agencies employ personnel who
5		can effectively communicate information required in
6		subsections (a) and (b) to day or temporary laborers in
7		Spanish, Polish, or any other language that is generally
8		understood in the locale of the day and temporary labor service
9		agency.
10		(Source: P.A. 93-375, eff. 1-1-04; 94-511, eff. 1-1-06; revised
11		12-11-14.)
12		Section 640. The Victims' Economic Security and Safety Act
13		is amended by changing Section 30 as follows:
14		(820 ILCS 180/30)
15		Sec. 30. Victims' employment sustainability; prohibited
16		discriminatory acts.
17		(a) An employer shall not fail to hire, refuse to hire,
18		discharge, constructively discharge, or harass any individual,
19		otherwise discriminate against any individual with respect to
20		the compensation, terms, conditions, or privileges of
21		employment of the individual, or retaliate against an
22		individual in any form or manner, and a public agency shall not
23		deny, reduce, or terminate the benefits of, otherwise sanction,
24		or harass any individual, otherwise discriminate against any

HB4137 Engrossed - 1055 - LRB099 07987 AMC 28127 b
1		individual with respect to the amount, terms, or conditions of
2		public assistance of the individual, or retaliate against an
3		individual in any form or manner, because:
4		(1) the individual involved:
5		(A) is or is perceived to be a victim of domestic
6		or sexual violence;
7		(B) attended, participated in, prepared for, or
8		requested leave to attend, participate in, or prepare
9		for a criminal or civil court proceeding relating to an
10		incident of domestic or sexual violence of which the
11		individual or a family or household member of the
12		individual was a victim, or requested or took leave for
13		any other reason provided under Section 20; or
14		(C) requested an adjustment to a job structure,
15		workplace facility, or work requirement, including a
16		transfer, reassignment, or modified schedule, leave, a
17		changed telephone number or seating assignment,
18		installation of a lock, or implementation of a safety
19		procedure in response to actual or threatened domestic
20		or sexual violence, regardless of whether the request
21		was granted; or
22		(D) is an employee whose employer is subject to
23		Section 21 of the Workplace Violence Prevention Act; or
24		(2) the workplace is disrupted or threatened by the
25		action of a person whom the individual states has committed
26		or threatened to commit domestic or sexual violence against

HB4137 Engrossed - 1056 - LRB099 07987 AMC 28127 b
1		the individual or the individual's family or household
2		member.
3		(b) In this Section:
4		(1) "Discriminate", used with respect to the terms,
5		conditions, or privileges of employment or with respect to
6		the terms or conditions of public assistance, includes not
7		making a reasonable accommodation to the known limitations
8		resulting from circumstances relating to being a victim of
9		domestic or sexual violence or a family or household member
10		being a victim of domestic or sexual violence of an
11		otherwise qualified individual:
12		(A) who is:
13		(i) an applicant or employee of the employer
14		(including a public agency); or
15		(ii) an applicant for or recipient of public
16		assistance from a public agency; and
17		(B) who is:
18		(i) a victim of domestic or sexual violence; or
19		(ii) with a family or household member who is a
20		victim of domestic or sexual violence whose
21		interests are not adverse to the individual in
22		subparagraph (A) as it relates to the domestic or
23		sexual violence;
24		unless the employer or public agency can demonstrate that
25		the accommodation would impose an undue hardship on the
26		operation of the employer or public agency.

HB4137 Engrossed - 1057 - LRB099 07987 AMC 28127 b
1		A reasonable accommodation must be made in a timely
2		fashion. Any exigent circumstances or danger facing the
3		employee or his or her family or household member shall be
4		considered in determining whether the accommodation is
5		reasonable.
6		(2) "Qualified individual" means:
7		(A) in the case of an applicant or employee
8		described in paragraph (1)(A)(i), an individual who,
9		but for being a victim of domestic or sexual violence
10		or with a family or household member who is a victim of
11		domestic or sexual violence, can perform the essential
12		functions of the employment position that such
13		individual holds or desires; or
14		(B) in the case of an applicant or recipient
15		described in paragraph (1)(A)(ii), an individual who,
16		but for being a victim of domestic or sexual violence
17		or with a family or household member who is a victim of
18		domestic or sexual violence, can satisfy the essential
19		requirements of the program providing the public
20		assistance that the individual receives or desires.
21		(3) "Reasonable accommodation" may include an
22		adjustment to a job structure, workplace facility, or work
23		requirement, including a transfer, reassignment, or
24		modified schedule, leave, a changed telephone number or
25		seating assignment, installation of a lock, or
26		implementation of a safety procedure, or assistance in

HB4137 Engrossed - 1058 - LRB099 07987 AMC 28127 b
1		documenting domestic or sexual violence that occurs at the
2		workplace or in work-related settings, in response to
3		actual or threatened domestic or sexual violence.
4		(4) Undue hardship.
5		(A) In general. "Undue hardship" means an action
6		requiring significant difficulty or expense, when
7		considered in light of the factors set forth in
8		subparagraph (B).
9		(B) Factors to be considered. In determining
10		whether a reasonable accommodation would impose an
11		undue hardship on the operation of an employer or
12		public agency, factors to be considered include:
13		(i) the nature and cost of the reasonable
14		accommodation needed under this Section;
15		(ii) the overall financial resources of the
16		facility involved in the provision of the
17		reasonable accommodation, the number of persons
18		employed at such facility, the effect on expenses
19		and resources, or the impact otherwise of such
20		accommodation on the operation of the facility;
21		(iii) the overall financial resources of the
22		employer or public agency, the overall size of the
23		business of an employer or public agency with
24		respect to the number of employees of the employer
25		or public agency, and the number, type, and
26		location of the facilities of an employer or public

HB4137 Engrossed - 1059 - LRB099 07987 AMC 28127 b
1		agency; and
2		(iv) the type of operation of the employer or
3		public agency, including the composition,
4		structure, and functions of the workforce of the
5		employer or public agency, the geographic
6		separateness of the facility from the employer or
7		public agency, and the administrative or fiscal
8		relationship of the facility to the employer or
9		public agency.
10		(c) An employer subject to Section 21 of the Workplace
11		Violence Prevention Act shall not violate any provisions of the
12		Workplace Violence Prevention Act.
13		(Source: P.A. 98-766, eff. 7-16-14; revised 12-11-14.)
14		Section 645. The Workplace Violence Prevention Act is
15		amended by changing Section 5 as follows:
16		(820 ILCS 275/5)
17		Sec. 5. Purpose. This Act is intended to assist employers
18		in protecting their workforces its workforce, customers,
19		guests, and property by limiting access to workplace venues by
20		potentially violent individuals.
21		(Source: P.A. 98-430, eff. 1-1-14; revised 12-11-14.)
22		Section 650. The Workers' Compensation Act is amended by
23		changing Section 6 as follows:

HB4137 Engrossed - 1060 - LRB099 07987 AMC 28127 b
1		(820 ILCS 305/6) (from Ch. 48, par. 138.6)
2		Sec. 6. (a) Every employer within the provisions of this
3		Act, shall, under the rules and regulations prescribed by the
4		Commission, post printed notices in their respective places of
5		employment in such number and at such places as may be
6		determined by the Commission, containing such information
7		relative to this Act as in the judgment of the Commission may
8		be necessary to aid employees to safeguard their rights under
9		this Act in event of injury.
10		In addition thereto, the employer shall post in a
11		conspicuous place on the place of the employment a printed or
12		typewritten notice stating whether he is insured or whether he
13		has qualified and is operating as a self-insured employer. In
14		the event the employer is insured, the notice shall state the
15		name and address of his insurance carrier, the number of the
16		insurance policy, its effective date and the date of
17		termination. In the event of the termination of the policy for
18		any reason prior to the termination date stated, the posted
19		notice shall promptly be corrected accordingly. In the event
20		the employer is operating as a self-insured employer the notice
21		shall state the name and address of the company, if any,
22		servicing the compensation payments of the employer, and the
23		name and address of the person in charge of making compensation
24		payments.
25		(b) Every employer subject to this Act shall maintain

HB4137 Engrossed - 1061 - LRB099 07987 AMC 28127 b
1		accurate records of work-related deaths, injuries and illness
2		other than minor injuries requiring only first aid treatment
3		and which do not involve medical treatment, loss of
4		consciousness, restriction of work or motion, or transfer to
5		another job and file with the Commission, in writing, a report
6		of all accidental deaths, injuries and illnesses arising out of
7		and in the course of the employment resulting in the loss of
8		more than 3 scheduled work days. In the case of death such
9		report shall be made no later than 2 working days following the
10		accidental death. In all other cases such report shall be made
11		between the 15th and 25th of each month unless required to be
12		made sooner by rule of the Commission. In case the injury
13		results in permanent disability, a further report shall be made
14		as soon as it is determined that such permanent disability has
15		resulted or will result from the injury. All reports shall
16		state the date of the injury, including the time of day or
17		night, the nature of the employer's business, the name,
18		address, age, sex, conjugal condition of the injured person,
19		the specific occupation of the injured person, the direct cause
20		of the injury and the nature of the accident, the character of
21		the injury, the length of disability, and in case of death the
22		length of disability before death, the wages of the injured
23		person, whether compensation has been paid to the injured
24		person, or to his or her legal representative or his heirs or
25		next of kin, the amount of compensation paid, the amount paid
26		for physicians', surgeons' and hospital bills, and by whom

HB4137 Engrossed - 1062 - LRB099 07987 AMC 28127 b
1		paid, and the amount paid for funeral or burial expenses if
2		known. The reports shall be made on forms and in the manner as
3		prescribed by the Commission and shall contain such further
4		information as the Commission shall deem necessary and require.
5		The making of these reports releases the employer from making
6		such reports to any other officer of the State and shall
7		satisfy the reporting provisions as contained in the Safety
8		Inspection and Education Act, the Health and Safety Act, and
9		the Occupational Safety and Health Act. The reports filed with
10		the Commission pursuant to this Section shall be made available
11		by the Commission to the Director of Labor or his
12		representatives and to all other departments of the State of
13		Illinois which shall require such information for the proper
14		discharge of their official duties. Failure to file with the
15		Commission any of the reports required in this Section is a
16		petty offense.
17		Except as provided in this paragraph, all reports filed
18		hereunder shall be confidential and any person having access to
19		such records filed with the Illinois Workers' Compensation
20		Commission as herein required, who shall release any
21		information therein contained including the names or otherwise
22		identify any persons sustaining injuries or disabilities, or
23		give access to such information to any unauthorized person,
24		shall be subject to discipline or discharge, and in addition
25		shall be guilty of a Class B misdemeanor. The Commission shall
26		compile and distribute to interested persons aggregate

HB4137 Engrossed - 1063 - LRB099 07987 AMC 28127 b
1		statistics, taken from the reports filed hereunder. The
2		aggregate statistics shall not give the names or otherwise
3		identify persons sustaining injuries or disabilities or the
4		employer of any injured or disabled person.
5		(c) Notice of the accident shall be given to the employer
6		as soon as practicable, but not later than 45 days after the
7		accident. Provided:
8		(1) In case of the legal disability of the employee or
9		any dependent of a deceased employee who may be entitled to
10		compensation under the provisions of this Act, the
11		limitations of time by this Act provided do not begin to
12		run against such person under legal disability until a
13		guardian has been appointed.
14		(2) In cases of injuries sustained by exposure to
15		radiological materials or equipment, notice shall be given
16		to the employer within 90 days subsequent to the time that
17		the employee knows or suspects that he has received an
18		excessive dose of radiation.
19		No defect or inaccuracy of such notice shall be a bar to
20		the maintenance of proceedings on arbitration or otherwise by
21		the employee unless the employer proves that he is unduly
22		prejudiced in such proceedings by such defect or inaccuracy.
23		Notice of the accident shall give the approximate date and
24		place of the accident, if known, and may be given orally or in
25		writing.
26		(d) Every employer shall notify each injured employee who

HB4137 Engrossed - 1064 - LRB099 07987 AMC 28127 b
1		has been granted compensation under the provisions of Section 8
2		of this Act of his rights to rehabilitation services and advise
3		him of the locations of available public rehabilitation centers
4		and any other such services of which the employer has
5		knowledge.
6		In any case, other than one where the injury was caused by
7		exposure to radiological materials or equipment or asbestos
8		unless the application for compensation is filed with the
9		Commission within 3 years after the date of the accident, where
10		no compensation has been paid, or within 2 years after the date
11		of the last payment of compensation, where any has been paid,
12		whichever shall be later, the right to file such application
13		shall be barred.
14		In any case of injury caused by exposure to radiological
15		materials or equipment or asbestos, unless application for
16		compensation is filed with the Commission within 25 years after
17		the last day that the employee was employed in an environment
18		of hazardous radiological activity or asbestos, the right to
19		file such application shall be barred.
20		If in any case except one where the injury was caused by
21		exposure to radiological materials or equipment or asbestos,
22		the accidental injury results in death application for
23		compensation for death may be filed with the Commission within
24		3 years after the date of death where no compensation has been
25		paid or within 2 years after the date of the last payment of
26		compensation where any has been paid, whichever shall be later,

HB4137 Engrossed - 1065 - LRB099 07987 AMC 28127 b
1		but not thereafter.
2		If an accidental injury caused by exposure to radiological
3		material or equipment or asbestos results in death within 25
4		years after the last day that the employee was so exposed
5		application for compensation for death may be filed with the
6		Commission within 3 years after the date of death, where no
7		compensation has been paid, or within 2 years after the date of
8		the last payment of compensation where any has been paid,
9		whichever shall be later, but not thereafter.
10		(e) Any contract or agreement made by any employer or his
11		agent or attorney with any employee or any other beneficiary of
12		any claim under the provisions of this Act within 7 days after
13		the injury shall be presumed to be fraudulent.
14		(f) Any condition or impairment of health of an employee
15		employed as a firefighter, emergency medical technician (EMT),
16		emergency medical technician-intermediate (EMT-I), advanced
17		emergency medical technician (A-EMT), or paramedic which
18		results directly or indirectly from any bloodborne pathogen,
19		lung or respiratory disease or condition, heart or vascular
20		disease or condition, hypertension, tuberculosis, or cancer
21		resulting in any disability (temporary, permanent, total, or
22		partial) to the employee shall be rebuttably presumed to arise
23		out of and in the course of the employee's firefighting, EMT,
24		or paramedic employment and, further, shall be rebuttably
25		presumed to be causally connected to the hazards or exposures
26		of the employment. This presumption shall also apply to any

HB4137 Engrossed - 1066 - LRB099 07987 AMC 28127 b
1		hernia or hearing loss suffered by an employee employed as a
2		firefighter, EMT, EMT-I, A-EMT, or paramedic. However, this
3		presumption shall not apply to any employee who has been
4		employed as a firefighter, EMT, or paramedic for less than 5
5		years at the time he or she files an Application for Adjustment
6		of Claim concerning this condition or impairment with the
7		Illinois Workers' Compensation Commission. The rebuttable
8		presumption established under this subsection, however, does
9		not apply to an emergency medical technician (EMT), emergency
10		medical technician-intermediate (EMT-I), advanced emergency
11		medical technician (A-EMT), or paramedic employed by a private
12		employer if the employee spends the preponderance of his or her
13		work time for that employer engaged in medical transfers
14		between medical care facilities or non-emergency medical
15		transfers to or from medical care facilities. The changes made
16		to this subsection by Public Act 98-291 shall be narrowly
17		construed. The Finding and Decision of the Illinois Workers'
18		Compensation Commission under only the rebuttable presumption
19		provision of this subsection shall not be admissible or be
20		deemed res judicata in any disability claim under the Illinois
21		Pension Code arising out of the same medical condition;
22		however, this sentence makes no change to the law set forth in
23		Krohe v. City of Bloomington, 204 Ill.2d 392.
24		(Source: P.A. 98-291, eff. 1-1-14; 98-874, eff. 1-1-15; 98-973,
25		eff. 8-15-14; revised 10-1-14.)

HB4137 Engrossed - 1067 - LRB099 07987 AMC 28127 b
1		Section 995. No acceleration or delay. Where this Act makes
2		changes in a statute that is represented in this Act by text
3		that is not yet or no longer in effect (for example, a Section
4		represented by multiple versions), the use of that text does
5		not accelerate or delay the taking effect of (i) the changes
6		made by this Act or (ii) provisions derived from any other
7		Public Act.
8		Section 996. No revival or extension. This Act does not
9		revive or extend any Section or Act otherwise repealed.
10		Section 999. Effective date. This Act takes effect upon
11		becoming law.
HB4137 Engrossed - 1068 - LRB099 07987 AMC 28127 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 75/6 from Ch. 1, par. 1206 4 5 ILCS 80/4.27 5 5 ILCS 100/10-40 from Ch. 127, par. 1010-40 6 5 ILCS 120/2 from Ch. 102, par. 42 7 5 ILCS 140/2 from Ch. 116, par. 202 8 5 ILCS 140/7.5 9 5 ILCS 160/15b from Ch. 116, par. 43.18b 10 5 ILCS 175/10-115 11 5 ILCS 285/2 from Ch. 127, par. 63b100-2 12 10 ILCS 5/10-10 from Ch. 46, par. 10-10 13 10 ILCS 5/16-6.1 from Ch. 46, par. 16-6.1 14 15 ILCS 405/26 15 20 ILCS 105/8.09 16 20 ILCS 301/40-5 17 20 ILCS 505/8 from Ch. 23, par. 5008 18 20 ILCS 661/30 19 20 ILCS 1305/10-66 20 20 ILCS 1705/15.4 21 20 ILCS 1705/18.6 22 20 ILCS 2305/2.1 23 20 ILCS 2330/6.1 was 20 ILCS 710/6.1 24 20 ILCS 2421/30 25 20 ILCS 2630/4.5 HB4137 Engrossed - 1069 - LRB099 07987 AMC 28127 b 1 20 ILCS 2630/5.2 2 20 ILCS 3960/3 from Ch. 111 1/2, par. 1153 3 20 ILCS 3960/12 from Ch. 111 1/2, par. 1162 4 20 ILCS 5050/20 5 30 ILCS 105/5.855 6 30 ILCS 105/5.856 7 30 ILCS 105/5.857 8 30 ILCS 105/5.858 9 30 ILCS 105/5.859 10 30 ILCS 105/5.860 11 30 ILCS 105/5.861 12 30 ILCS 105/5.862 13 30 ILCS 105/5.863 14 30 ILCS 105/5.864 15 30 ILCS 105/5.865 16 30 ILCS 105/5.867 17 30 ILCS 105/6z-43 18 30 ILCS 105/8.12 from Ch. 127, par. 144.12 19 30 ILCS 235/6.5 20 30 ILCS 730/3 from Ch. 96 1/2, par. 8203 21 30 ILCS 790/10 22 30 ILCS 805/8.38 23 35 ILCS 5/901 from Ch. 120, par. 9-901 24 35 ILCS 105/2 from Ch. 120, par. 439.2 25 35 ILCS 130/4g 26 35 ILCS 143/10-21 HB4137 Engrossed - 1070 - LRB099 07987 AMC 28127 b 1 50 ILCS 122/15 2 50 ILCS 705/9 from Ch. 85, par. 509 3 55 ILCS 80/4 from Ch. 23, par. 1804 4 60 ILCS 1/30-50 5 65 ILCS 5/10-1-7.1 6 65 ILCS 5/10-2.1-6.3 7 65 ILCS 5/11-12-5 from Ch. 24, par. 11-12-5 8 65 ILCS 5/11-74.4-3.5 9 70 ILCS 705/11b from Ch. 127 1/2, par. 31b 10 70 ILCS 705/16.06b 11 105 ILCS 5/2-3.25g from Ch. 122, par. 2-3.25g 12 105 ILCS 5/2-3.160 13 105 ILCS 5/2-3.161 14 105 ILCS 5/2-3.162 15 105 ILCS 5/3-15.12 from Ch. 122, par. 3-15.12 16 105 ILCS 5/14-7.02 from Ch. 122, par. 14-7.02 17 105 ILCS 5/19-1 18 105 ILCS 5/24-12 from Ch. 122, par. 24-12 19 105 ILCS 5/27-23.7 20 105 ILCS 5/27A-4 21 105 ILCS 5/27A-5 22 105 ILCS 5/27A-6 23 105 ILCS 5/27A-7 24 105 ILCS 5/27A-11 25 105 ILCS 5/30-14.2 from Ch. 122, par. 30-14.2 26 105 ILCS 5/34-85 from Ch. 122, par. 34-85 HB4137 Engrossed - 1071 - LRB099 07987 AMC 28127 b 1 105 ILCS 10/6 from Ch. 122, par. 50-6 2 105 ILCS 110/2 from Ch. 122, par. 862 3 105 ILCS 128/25 4 205 ILCS 305/46 from Ch. 17, par. 4447 5 205 ILCS 305/57.1 6 205 ILCS 635/1-4 7 210 ILCS 3/30 8 210 ILCS 45/1-125.1 from Ch. 111 1/2, par. 4151-125.1 9 210 ILCS 45/3-206.01 from Ch. 111 1/2, par. 4153-206.01 10 210 ILCS 47/3-206.01 11 210 ILCS 49/1-101.6 12 210 ILCS 50/3.87 13 210 ILCS 50/3.210 14 215 ILCS 125/1-2 from Ch. 111 1/2, par. 1402 15 215 ILCS 134/10 16 215 ILCS 152/45 17 225 ILCS 10/2.04 from Ch. 23, par. 2212.04 18 225 ILCS 10/2.17 from Ch. 23, par. 2212.17 19 225 ILCS 46/70 20 225 ILCS 51/35 21 225 ILCS 65/80-40 22 225 ILCS 115/25 from Ch. 111, par. 7025 23 225 ILCS 325/11 from Ch. 111, par. 5211 24 225 ILCS 410/2-4 from Ch. 111, par. 1702-4 25 225 ILCS 411/5-25 26 225 ILCS 427/155 HB4137 Engrossed - 1072 - LRB099 07987 AMC 28127 b 1 225 ILCS 450/0.02 from Ch. 111, par. 5500.02 2 225 ILCS 450/0.03 from Ch. 111, par. 5500.03 3 225 ILCS 450/14.4 4 225 ILCS 458/5-5 5 225 ILCS 725/1 from Ch. 96 1/2, par. 5401 6 225 ILCS 732/1-40 7 225 ILCS 732/1-96 8 225 ILCS 732/1-100 9 225 ILCS 732/1-101 10 225 ILCS 732/1-110 11 230 ILCS 5/12.2 12 230 ILCS 10/7.6 13 235 ILCS 5/3-12 14 235 ILCS 5/6-15 from Ch. 43, par. 130 15 235 ILCS 5/6-36 16 305 ILCS 5/5-5 from Ch. 23, par. 5-5 17 305 ILCS 5/5-5.2 from Ch. 23, par. 5-5.2 18 305 ILCS 5/5A-5 from Ch. 23, par. 5A-5 19 305 ILCS 5/5A-8 from Ch. 23, par. 5A-8 20 305 ILCS 5/12-4.47 21 305 ILCS 5/12-4.48 22 320 ILCS 20/7.5 23 320 ILCS 20/15 24 325 ILCS 5/7.8 from Ch. 23, par. 2057.8 25 325 ILCS 5/7.14 from Ch. 23, par. 2057.14 26 410 ILCS 45/4 from Ch. 111 1/2, par. 1304 HB4137 Engrossed - 1073 - LRB099 07987 AMC 28127 b 1 410 ILCS 45/5 from Ch. 111 1/2, par. 1305 2 410 ILCS 45/6.2 from Ch. 111 1/2, par. 1306.2 3 410 ILCS 45/7.2 from Ch. 111 1/2, par. 1307.2 4 410 ILCS 45/9.4 5 410 ILCS 45/10 from Ch. 111 1/2, par. 1310 6 410 ILCS 305/9 from Ch. 111 1/2, par. 7309 7 410 ILCS 305/9.7 8 410 ILCS 517/51 9 410 ILCS 620/3.21 from Ch. 56 1/2, par. 503.21 10 410 ILCS 625/3.06 11 410 ILCS 625/3.4 12 410 ILCS 625/3.6 13 415 ILCS 45/1 from Ch. 111 1/2, par. 501 14 415 ILCS 45/13 from Ch. 111 1/2, par. 513 15 415 ILCS 60/19.3 16 430 ILCS 65/10 from Ch. 38, par. 83-10 17 430 ILCS 66/40 18 430 ILCS 85/2-12 from Ch. 111 1/2, par. 4062 19 430 ILCS 115/2 from Ch. 67 1/2, par. 502 20 505 ILCS 80/4 from Ch. 5, par. 55.4 21 505 ILCS 80/20 from Ch. 5, par. 55.20 22 505 ILCS 110/4.1 from Ch. 5, par. 404.1 23 510 ILCS 30/1 from Ch. 8, par. 134 24 510 ILCS 68/105-95 25 510 ILCS 70/2 from Ch. 8, par. 702 26 510 ILCS 95/1 from Ch. 8, par. 148f HB4137 Engrossed - 1074 - LRB099 07987 AMC 28127 b 1 515 ILCS 5/1-20 from Ch. 56, par. 1-20 2 515 ILCS 5/15-155 3 515 ILCS 5/20-55 from Ch. 56, par. 20-55 4 520 ILCS 5/2.2b 5 520 ILCS 5/2.5 6 520 ILCS 5/3.1-9 7 610 ILCS 80/2 from Ch. 114, par. 98 8 615 ILCS 5/18j 9 620 ILCS 75/2-15 10 625 ILCS 5/3-102 from Ch. 95 1/2, par. 3-102 11 625 ILCS 5/3-109 from Ch. 95 1/2, par. 3-109 12 625 ILCS 5/3-400 from Ch. 95 1/2, par. 3-400 13 625 ILCS 5/3-413 from Ch. 95 1/2, par. 3-413 14 625 ILCS 5/3-701 from Ch. 95 1/2, par. 3-701 15 625 ILCS 5/5-101 from Ch. 95 1/2, par. 5-101 16 625 ILCS 5/5-102 from Ch. 95 1/2, par. 5-102 17 625 ILCS 5/6-113 from Ch. 95 1/2, par. 6-113 18 625 ILCS 5/7-311 from Ch. 95 1/2, par. 7-311 19 625 ILCS 5/Ch. 11 Art. V 20 heading 21 625 ILCS 5/11-601 from Ch. 95 1/2, par. 11-601 22 625 ILCS 5/11-709.2 23 625 ILCS 5/12-215 from Ch. 95 1/2, par. 12-215 24 625 ILCS 5/15-111 from Ch. 95 1/2, par. 15-111 25 625 ILCS 45/5-18 from Ch. 95 1/2, par. 315-13 26 705 ILCS 105/27.6 HB4137 Engrossed - 1075 - LRB099 07987 AMC 28127 b 1 705 ILCS 405/3-40 2 705 ILCS 405/5-105 3 705 ILCS 405/5-301 4 720 ILCS 5/12-2 from Ch. 38, par. 12-2 5 720 ILCS 5/33E-14 6 720 ILCS 5/36-1 from Ch. 38, par. 36-1 7 720 ILCS 5/36-2 from Ch. 38, par. 36-2 8 720 ILCS 550/15.2 9 720 ILCS 570/102 from Ch. 56 1/2, par. 1102 10 720 ILCS 570/312 from Ch. 56 1/2, par. 1312 11 725 ILCS 5/104-18 from Ch. 38, par. 104-18 12 725 ILCS 5/108-4 from Ch. 38, par. 108-4 13 725 ILCS 5/109-1 from Ch. 38, par. 109-1 14 725 ILCS 5/109-1.1 from Ch. 38, par. 109-1.1 15 725 ILCS 5/122-2.2 16 725 ILCS 105/10 from Ch. 38, par. 208-10 17 725 ILCS 173/15 18 730 ILCS 5/3-2.7-25 19 730 ILCS 5/3-2.7-50 20 730 ILCS 5/3-10-2 from Ch. 38, par. 1003-10-2 21 730 ILCS 5/5-6-1 from Ch. 38, par. 1005-6-1 22 730 ILCS 5/5-6-2 from Ch. 38, par. 1005-6-2 23 730 ILCS 5/5-6-3.1 from Ch. 38, par. 1005-6-3.1 24 730 ILCS 148/5 25 730 ILCS 148/65 26 730 ILCS 150/10 from Ch. 38, par. 230 HB4137 Engrossed - 1076 - LRB099 07987 AMC 28127 b 1 730 ILCS 154/60 2 735 ILCS 5/8-802 from Ch. 110, par. 8-802 3 735 ILCS 5/12-705 from Ch. 110, par. 12-705 4 735 ILCS 30/25-5-55 5 735 ILCS 30/25-5-60 6 740 ILCS 40/3 from Ch. 100 1/2, par. 16 7 740 ILCS 110/9.2 8 740 ILCS 110/10 from Ch. 91 1/2, par. 810 9 750 ILCS 5/220 10 750 ILCS 5/503 from Ch. 40, par. 503 11 750 ILCS 5/601 from Ch. 40, par. 601 12 750 ILCS 22/102 was 750 ILCS 22/101 13 750 ILCS 50/18.2 from Ch. 40, par. 1522.2 14 760 ILCS 35/1 from Ch. 148, par. 301 15 765 ILCS 77/5 16 765 ILCS 170/5-10 17 765 ILCS 205/1 from Ch. 109, par. 1 18 765 ILCS 605/18.8 19 765 ILCS 605/18.9 20 765 ILCS 745/3 from Ch. 80, par. 203 21 770 ILCS 60/35 from Ch. 82, par. 35 22 775 ILCS 5/2-101 from Ch. 68, par. 2-101 23 805 ILCS 105/112.10 from Ch. 32, par. 112.10 24 805 ILCS 180/35-40 25 815 ILCS 5/11a from Ch. 121 1/2, par. 137.11a 26 815 ILCS 414/1 was 720 ILCS 375/1 HB4137 Engrossed - 1077 - LRB099 07987 AMC 28127 b