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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 2017 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 In certain cases in which a repealed Act or Section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16		incorporate amendments to the repealed Act or Section into the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

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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 99-492 through 99-919 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 Statute on Statutes is amended by changing
10		Section 8 as follows:
11		(5 ILCS 70/8) (from Ch. 1, par. 1107)
12		Sec. 8. Omnibus Bond Acts.
13		(a) A citation to the Omnibus Bond Acts is a citation to
14		all of the following Acts, collectively, as amended from time
15		to time: the Bond Authorization Act, the Registered Bond Act,
16		the Municipal Bond Reform Act, the Local Government Debt Reform
17		Act, subsection (a) of Section 1-7 of the Property Tax
18		Extension Limitation Act (now repealed), subsection (a) of
19		Section 18-190 of the Property Tax Code, the Uniform Facsimile
20		Signature of Public Officials Act, the Local Government Bond
21		Validity Act, the Illinois Finance Authority Act, the Public
22		Funds Investment Act, the Local Government Credit Enhancement
23		Act, the Local Government Defeasance of Debt Law, the
24		Intergovernmental Cooperation Act, the Local Government

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1		Financial Planning and Supervision Act, the Special Assessment
2		Supplemental Bond and Procedures Procedure Act, Section 12-5 of
3		the Election Code, the State University Certificates of
4		Participation Act, and any similar Act granting additional
5		omnibus bond powers to governmental entities generally,
6		whether enacted before, on, or after June 6, 1989 (the
7		effective date of Public Act 86-4) this amendatory Act of 1989.
8		(b) The General Assembly recognizes that the proliferation
9		of governmental entities has resulted in the enactment of
10		hundreds of statutory provisions relating to the borrowing and
11		other powers of governmental entities. The General Assembly
12		addresses and has addressed problems common to all such
13		governmental entities so that they have equal access to the
14		municipal bond market. It has been, and will continue to be,
15		the intention of the General Assembly to enact legislation
16		applicable to governmental entities in an omnibus fashion, as
17		has been done in the provisions of the Omnibus Bond Acts.
18		(c) It is and always has been the intention of the General
19		Assembly that the Omnibus Bond Acts are and always have been
20		supplementary grants of power, cumulative in nature and in
21		addition to any power or authority granted in any other laws of
22		the State. The Omnibus Bond Acts are supplementary grants of
23		power when applied in connection with any similar grant of
24		power or limitation contained in any other law of the State,
25		whether or not the other law is enacted or amended after an
26		Omnibus Bond Act or appears to be more restrictive than an

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1		Omnibus Bond Act, unless the General Assembly expressly
2		declares in such other law that a specifically named Omnibus
3		Bond Act does not apply.
4		(d) All instruments providing for the payment of money
5		executed by or on behalf of any governmental entity organized
6		by or under the laws of this State, including without
7		limitation the State, to carry out a public governmental or
8		proprietary function, acting through its corporate
9		authorities, or which any governmental entity has assumed or
10		agreed to pay, which were:
11		(1) issued or authorized to be issued by proceedings
12		adopted by such corporate authorities before June 6, 1989
13		(the effective date of Public Act 86-4) this amendatory Act
14		of 1989;
15		(2) issued or authorized to be issued in accordance
16		with the procedures set forth in or pursuant to any
17		authorization contained in any of the Omnibus Bond Acts;
18		and
19		(3) issued or authorized to be issued for any purpose
20		authorized by the laws of this State, are valid and legally
21		binding obligations of the governmental entity issuing
22		such instruments, payable in accordance with their terms.
23		(Source: P.A. 96-15, eff. 6-22-09; revised 9-2-16.)
24		Section 10. The Regulatory Sunset Act is amended by
25		changing Section 4.37 as follows:

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1		(5 ILCS 80/4.37)
2		Sec. 4.37. Acts and Articles repealed on January 1, 2027.
3		The following Acts are repealed on January 1, 2027:
4		The Clinical Psychologist Licensing Act.
5		The Illinois Optometric Practice Act of 1987.
6		Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
7		XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
8		The Boiler and Pressure Vessel Repairer Regulation Act.
9		(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;
10		99-910, eff. 12-16-16; 99-911, eff. 12-16-16; revised 1-3-17.)
11		(5 ILCS 80/4.27 rep.)
12		Section 15. The Regulatory Sunset Act is amended by
13		repealing Section 4.27.
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

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1		public bodies meet in the open, and therefore, the exceptions
2		are to be strictly construed, extending only to subjects
3		clearly within their scope. The exceptions authorize but do not
4		require the holding of a closed meeting to discuss a subject
5		included within an enumerated exception.
6		(c) Exceptions. A public body may hold closed meetings to
7		consider the following subjects:
8		(1) The appointment, employment, compensation,
9		discipline, performance, or dismissal of specific
10		employees of the public body or legal counsel for the
11		public body, including hearing testimony on a complaint
12		lodged against an employee of the public body or against
13		legal counsel for the public body to determine its
14		validity. However, a meeting to consider an increase in
15		compensation to a specific employee of a public body that
16		is subject to the Local Government Wage Increase
17		Transparency Act may not be closed and shall be open to the
18		public and posted and held in accordance with this Act.
19		(2) Collective negotiating matters between the public
20		body and its employees or their representatives, or
21		deliberations concerning salary schedules for one or more
22		classes of employees.
23		(3) The selection of a person to fill a public office,
24		as defined in this Act, including a vacancy in a public
25		office, when the public body is given power to appoint
26		under law or ordinance, or the discipline, performance or

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1		removal of the occupant of a public office, when the public
2		body is given power to remove the occupant under law or
3		ordinance.
4		(4) Evidence or testimony presented in open hearing, or
5		in closed hearing where specifically authorized by law, to
6		a quasi-adjudicative body, as defined in this Act, provided
7		that the body prepares and makes available for public
8		inspection a written decision setting forth its
9		determinative reasoning.
10		(5) The purchase or lease of real property for the use
11		of the public body, including meetings held for the purpose
12		of discussing whether a particular parcel should be
13		acquired.
14		(6) The setting of a price for sale or lease of
15		property owned by the public body.
16		(7) The sale or purchase of securities, investments, or
17		investment contracts. This exception shall not apply to the
18		investment of assets or income of funds deposited into the
19		Illinois Prepaid Tuition Trust Fund.
20		(8) Security procedures, school building safety and
21		security, and the use of personnel and equipment to respond
22		to an actual, a threatened, or a reasonably potential
23		danger to the safety of employees, students, staff, the
24		public, or public property.
25		(9) Student disciplinary cases.
26		(10) The placement of individual students in special

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1		education programs and other matters relating to
2		individual students.
3		(11) Litigation, when an action against, affecting or
4		on behalf of the particular public body has been filed and
5		is pending before a court or administrative tribunal, or
6		when the public body finds that an action is probable or
7		imminent, in which case the basis for the finding shall be
8		recorded and entered into the minutes of the closed
9		meeting.
10		(12) The establishment of reserves or settlement of
11		claims as provided in the Local Governmental and
12		Governmental Employees Tort Immunity Act, if otherwise the
13		disposition of a claim or potential claim might be
14		prejudiced, or the review or discussion of claims, loss or
15		risk management information, records, data, advice or
16		communications from or with respect to any insurer of the
17		public body or any intergovernmental risk management
18		association or self insurance pool of which the public body
19		is a member.
20		(13) Conciliation of complaints of discrimination in
21		the sale or rental of housing, when closed meetings are
22		authorized by the law or ordinance prescribing fair housing
23		practices and creating a commission or administrative
24		agency for their enforcement.
25		(14) Informant sources, the hiring or assignment of
26		undercover personnel or equipment, or ongoing, prior or

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1		future criminal investigations, when discussed by a public
2		body with criminal investigatory responsibilities.
3		(15) Professional ethics or performance when
4		considered by an advisory body appointed to advise a
5		licensing or regulatory agency on matters germane to the
6		advisory body's field of competence.
7		(16) Self evaluation, practices and procedures or
8		professional ethics, when meeting with a representative of
9		a statewide association of which the public body is a
10		member.
11		(17) The recruitment, credentialing, discipline or
12		formal peer review of physicians or other health care
13		professionals, or for the discussion of matters protected
14		under the federal Patient Safety and Quality Improvement
15		Act of 2005, and the regulations promulgated thereunder,
16		including 42 C.F.R. Part 3 (73 FR 70732), or the federal
17		Health Insurance Portability and Accountability Act of
18		1996, and the regulations promulgated thereunder,
19		including 45 C.F.R. Parts 160, 162, and 164, by a hospital,
20		or other institution providing medical care, that is
21		operated by the public body.
22		(18) Deliberations for decisions of the Prisoner
23		Review Board.
24		(19) Review or discussion of applications received
25		under the Experimental Organ Transplantation Procedures
26		Act.

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1		(20) The classification and discussion of matters
2		classified as confidential or continued confidential by
3		the State Government Suggestion Award Board.
4		(21) Discussion of minutes of meetings lawfully closed
5		under this Act, whether for purposes of approval by the
6		body of the minutes or semi-annual review of the minutes as
7		mandated by Section 2.06.
8		(22) Deliberations for decisions of the State
9		Emergency Medical Services Disciplinary Review Board.
10		(23) The operation by a municipality of a municipal
11		utility or the operation of a municipal power agency or
12		municipal natural gas agency when the discussion involves
13		(i) contracts relating to the purchase, sale, or delivery
14		of electricity or natural gas or (ii) the results or
15		conclusions of load forecast studies.
16		(24) Meetings of a residential health care facility
17		resident sexual assault and death review team or the
18		Executive Council under the Abuse Prevention Review Team
19		Act.
20		(25) Meetings of an independent team of experts under
21		Brian's Law.
22		(26) Meetings of a mortality review team appointed
23		under the Department of Juvenile Justice Mortality Review
24		Team Act.
25		(27) (Blank).
26		(28) Correspondence and records (i) that may not be

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1		disclosed under Section 11-9 of the Illinois Public Aid
2		Code or (ii) that pertain to appeals under Section 11-8 of
3		the Illinois Public Aid Code.
4		(29) Meetings between internal or external auditors
5		and governmental audit committees, finance committees, and
6		their equivalents, when the discussion involves internal
7		control weaknesses, identification of potential fraud risk
8		areas, known or suspected frauds, and fraud interviews
9		conducted in accordance with generally accepted auditing
10		standards of the United States of America.
11		(30) Those meetings or portions of meetings of a
12		fatality review team or the Illinois Fatality Review Team
13		Advisory Council during which a review of the death of an
14		eligible adult in which abuse or neglect is suspected,
15		alleged, or substantiated is conducted pursuant to Section
16		15 of the Adult Protective Services Act.
17		(31) Meetings and deliberations for decisions of the
18		Concealed Carry Licensing Review Board under the Firearm
19		Concealed Carry Act.
20		(32) Meetings between the Regional Transportation
21		Authority Board and its Service Boards when the discussion
22		involves review by the Regional Transportation Authority
23		Board of employment contracts under Section 28d of the
24		Metropolitan Transit Authority Act and Sections 3A.18 and
25		3B.26 of the Regional Transportation Authority Act.
26		(33) Those meetings or portions of meetings of the

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1		advisory committee and peer review subcommittee created
2		under Section 320 of the Illinois Controlled Substances Act
3		during which specific controlled substance prescriber,
4		dispenser, or patient information is discussed.
5		(d) Definitions. For purposes of this Section:
6		"Employee" means a person employed by a public body whose
7		relationship with the public body constitutes an
8		employer-employee relationship under the usual common law
9		rules, and who is not an independent contractor.
10		"Public office" means a position created by or under the
11		Constitution or laws of this State, the occupant of which is
12		charged with the exercise of some portion of the sovereign
13		power of this State. The term "public office" shall include
14		members of the public body, but it shall not include
15		organizational positions filled by members thereof, whether
16		established by law or by a public body itself, that exist to
17		assist the body in the conduct of its business.
18		"Quasi-adjudicative body" means an administrative body
19		charged by law or ordinance with the responsibility to conduct
20		hearings, receive evidence or testimony and make
21		determinations based thereon, but does not include local
22		electoral boards when such bodies are considering petition
23		challenges.
24		(e) Final action. No final action may be taken at a closed
25		meeting. Final action shall be preceded by a public recital of
26		the nature of the matter being considered and other information

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1		that will inform the public of the business being conducted.
2		(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
3		eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14;
4		99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15;
5		99-642, eff. 7-28-16; 99-646, eff. 7-28-16; 99-687, eff.
6		1-1-17; revised 9-21-16.)
7		Section 25. The Freedom of Information Act is amended by
8		changing Sections 7 and 7.5 as follows:
9		(5 ILCS 140/7) (from Ch. 116, par. 207)
10		Sec. 7. Exemptions.
11		(1) When a request is made to inspect or copy a public
12		record that contains information that is exempt from disclosure
13		under this Section, but also contains information that is not
14		exempt from disclosure, the public body may elect to redact the
15		information that is exempt. The public body shall make the
16		remaining information available for inspection and copying.
17		Subject to this requirement, the following shall be exempt from
18		inspection and copying:
19		(a) Information specifically prohibited from
20		disclosure by federal or State law or rules and regulations
21		implementing federal or State law.
22		(b) Private information, unless disclosure is required
23		by another provision of this Act, a State or federal law or
24		a court order.

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1		(b-5) Files, documents, and other data or databases
2		maintained by one or more law enforcement agencies and
3		specifically designed to provide information to one or more
4		law enforcement agencies regarding the physical or mental
5		status of one or more individual subjects.
6		(c) Personal information contained within public
7		records, the disclosure of which would constitute a clearly
8		unwarranted invasion of personal privacy, unless the
9		disclosure is consented to in writing by the individual
10		subjects of the information. "Unwarranted invasion of
11		personal privacy" means the disclosure of information that
12		is highly personal or objectionable to a reasonable person
13		and in which the subject's right to privacy outweighs any
14		legitimate public interest in obtaining the information.
15		The disclosure of information that bears on the public
16		duties of public employees and officials shall not be
17		considered an invasion of personal privacy.
18		(d) Records in the possession of any public body
19		created in the course of administrative enforcement
20		proceedings, and any law enforcement or correctional
21		agency for law enforcement purposes, but only to the extent
22		that disclosure would:
23		(i) interfere with pending or actually and
24		reasonably contemplated law enforcement proceedings
25		conducted by any law enforcement or correctional
26		agency that is the recipient of the request;

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1		(ii) interfere with active administrative
2		enforcement proceedings conducted by the public body
3		that is the recipient of the request;
4		(iii) create a substantial likelihood that a
5		person will be deprived of a fair trial or an impartial
6		hearing;
7		(iv) unavoidably disclose the identity of a
8		confidential source, confidential information
9		furnished only by the confidential source, or persons
10		who file complaints with or provide information to
11		administrative, investigative, law enforcement, or
12		penal agencies; except that the identities of
13		witnesses to traffic accidents, traffic accident
14		reports, and rescue reports shall be provided by
15		agencies of local government, except when disclosure
16		would interfere with an active criminal investigation
17		conducted by the agency that is the recipient of the
18		request;
19		(v) disclose unique or specialized investigative
20		techniques other than those generally used and known or
21		disclose internal documents of correctional agencies
22		related to detection, observation or investigation of
23		incidents of crime or misconduct, and disclosure would
24		result in demonstrable harm to the agency or public
25		body that is the recipient of the request;
26		(vi) endanger the life or physical safety of law

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1		enforcement personnel or any other person; or
2		(vii) obstruct an ongoing criminal investigation
3		by the agency that is the recipient of the request.
4		(d-5) A law enforcement record created for law
5		enforcement purposes and contained in a shared electronic
6		record management system if the law enforcement agency that
7		is the recipient of the request did not create the record,
8		did not participate in or have a role in any of the events
9		which are the subject of the record, and only has access to
10		the record through the shared electronic record management
11		system.
12		(e) Records that relate to or affect the security of
13		correctional institutions and detention facilities.
14		(e-5) Records requested by persons committed to the
15		Department of Corrections if those materials are available
16		in the library of the correctional facility where the
17		inmate is confined.
18		(e-6) Records requested by persons committed to the
19		Department of Corrections if those materials include
20		records from staff members' personnel files, staff
21		rosters, or other staffing assignment information.
22		(e-7) Records requested by persons committed to the
23		Department of Corrections if those materials are available
24		through an administrative request to the Department of
25		Corrections.
26		(f) Preliminary drafts, notes, recommendations,

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1		memoranda and other records in which opinions are
2		expressed, or policies or actions are formulated, except
3		that a specific record or relevant portion of a record
4		shall not be exempt when the record is publicly cited and
5		identified by the head of the public body. The exemption
6		provided in this paragraph (f) extends to all those records
7		of officers and agencies of the General Assembly that
8		pertain to the preparation of legislative documents.
9		(g) Trade secrets and commercial or financial
10		information obtained from a person or business where the
11		trade secrets or commercial or financial information are
12		furnished under a claim that they are proprietary,
13		privileged or confidential, and that disclosure of the
14		trade secrets or commercial or financial information would
15		cause competitive harm to the person or business, and only
16		insofar as the claim directly applies to the records
17		requested.
18		The information included under this exemption includes
19		all trade secrets and commercial or financial information
20		obtained by a public body, including a public pension fund,
21		from a private equity fund or a privately held company
22		within the investment portfolio of a private equity fund as
23		a result of either investing or evaluating a potential
24		investment of public funds in a private equity fund. The
25		exemption contained in this item does not apply to the
26		aggregate financial performance information of a private

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1		equity fund, nor to the identity of the fund's managers or
2		general partners. The exemption contained in this item does
3		not apply to the identity of a privately held company
4		within the investment portfolio of a private equity fund,
5		unless the disclosure of the identity of a privately held
6		company may cause competitive harm.
7		Nothing contained in this paragraph (g) shall be
8		construed to prevent a person or business from consenting
9		to disclosure.
10		(h) Proposals and bids for any contract, grant, or
11		agreement, including information which if it were
12		disclosed would frustrate procurement or give an advantage
13		to any person proposing to enter into a contractor
14		agreement with the body, until an award or final selection
15		is made. Information prepared by or for the body in
16		preparation of a bid solicitation shall be exempt until an
17		award or final selection is made.
18		(i) Valuable formulae, computer geographic systems,
19		designs, drawings and research data obtained or produced by
20		any public body when disclosure could reasonably be
21		expected to produce private gain or public loss. The
22		exemption for "computer geographic systems" provided in
23		this paragraph (i) does not extend to requests made by news
24		media as defined in Section 2 of this Act when the
25		requested information is not otherwise exempt and the only
26		purpose of the request is to access and disseminate

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1		information regarding the health, safety, welfare, or
2		legal rights of the general public.
3		(j) The following information pertaining to
4		educational matters:
5		(i) test questions, scoring keys and other
6		examination data used to administer an academic
7		examination;
8		(ii) information received by a primary or
9		secondary school, college, or university under its
10		procedures for the evaluation of faculty members by
11		their academic peers;
12		(iii) information concerning a school or
13		university's adjudication of student disciplinary
14		cases, but only to the extent that disclosure would
15		unavoidably reveal the identity of the student; and
16		(iv) course materials or research materials used
17		by faculty members.
18		(k) Architects' plans, engineers' technical
19		submissions, and other construction related technical
20		documents for projects not constructed or developed in
21		whole or in part with public funds and the same for
22		projects constructed or developed with public funds,
23		including but not limited to power generating and
24		distribution stations and other transmission and
25		distribution facilities, water treatment facilities,
26		airport facilities, sport stadiums, convention centers,

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1		and all government owned, operated, or occupied buildings,
2		but only to the extent that disclosure would compromise
3		security.
4		(l) Minutes of meetings of public bodies closed to the
5		public as provided in the Open Meetings Act until the
6		public body makes the minutes available to the public under
7		Section 2.06 of the Open Meetings Act.
8		(m) Communications between a public body and an
9		attorney or auditor representing the public body that would
10		not be subject to discovery in litigation, and materials
11		prepared or compiled by or for a public body in
12		anticipation of a criminal, civil or administrative
13		proceeding upon the request of an attorney advising the
14		public body, and materials prepared or compiled with
15		respect to internal audits of public bodies.
16		(n) Records relating to a public body's adjudication of
17		employee grievances or disciplinary cases; however, this
18		exemption shall not extend to the final outcome of cases in
19		which discipline is imposed.
20		(o) Administrative or technical information associated
21		with automated data processing operations, including but
22		not limited to software, operating protocols, computer
23		program abstracts, file layouts, source listings, object
24		modules, load modules, user guides, documentation
25		pertaining to all logical and physical design of
26		computerized systems, employee manuals, and any other

HB3855 Engrossed - 21 - LRB100 05985 AMC 16014 b
1		information that, if disclosed, would jeopardize the
2		security of the system or its data or the security of
3		materials exempt under this Section.
4		(p) Records relating to collective negotiating matters
5		between public bodies and their employees or
6		representatives, except that any final contract or
7		agreement shall be subject to inspection and copying.
8		(q) Test questions, scoring keys, and other
9		examination data used to determine the qualifications of an
10		applicant for a license or employment.
11		(r) The records, documents, and information relating
12		to real estate purchase negotiations until those
13		negotiations have been completed or otherwise terminated.
14		With regard to a parcel involved in a pending or actually
15		and reasonably contemplated eminent domain proceeding
16		under the Eminent Domain Act, records, documents and
17		information relating to that parcel shall be exempt except
18		as may be allowed under discovery rules adopted by the
19		Illinois Supreme Court. The records, documents and
20		information relating to a real estate sale shall be exempt
21		until a sale is consummated.
22		(s) Any and all proprietary information and records
23		related to the operation of an intergovernmental risk
24		management association or self-insurance pool or jointly
25		self-administered health and accident cooperative or pool.
26		Insurance or self insurance (including any

HB3855 Engrossed - 22 - LRB100 05985 AMC 16014 b
1		intergovernmental risk management association or self
2		insurance pool) claims, loss or risk management
3		information, records, data, advice or communications.
4		(t) Information contained in or related to
5		examination, operating, or condition reports prepared by,
6		on behalf of, or for the use of a public body responsible
7		for the regulation or supervision of financial
8		institutions or insurance companies, unless disclosure is
9		otherwise required by State law.
10		(u) Information that would disclose or might lead to
11		the disclosure of secret or confidential information,
12		codes, algorithms, programs, or private keys intended to be
13		used to create electronic or digital signatures under the
14		Electronic Commerce Security Act.
15		(v) Vulnerability assessments, security measures, and
16		response policies or plans that are designed to identify,
17		prevent, or respond to potential attacks upon a community's
18		population or systems, facilities, or installations, the
19		destruction or contamination of which would constitute a
20		clear and present danger to the health or safety of the
21		community, but only to the extent that disclosure could
22		reasonably be expected to jeopardize the effectiveness of
23		the measures or the safety of the personnel who implement
24		them or the public. Information exempt under this item may
25		include such things as details pertaining to the
26		mobilization or deployment of personnel or equipment, to

HB3855 Engrossed - 23 - LRB100 05985 AMC 16014 b
1		the operation of communication systems or protocols, or to
2		tactical operations.
3		(w) (Blank).
4		(x) Maps and other records regarding the location or
5		security of generation, transmission, distribution,
6		storage, gathering, treatment, or switching facilities
7		owned by a utility, by a power generator, or by the
8		Illinois Power Agency.
9		(y) Information contained in or related to proposals,
10		bids, or negotiations related to electric power
11		procurement under Section 1-75 of the Illinois Power Agency
12		Act and Section 16-111.5 of the Public Utilities Act that
13		is determined to be confidential and proprietary by the
14		Illinois Power Agency or by the Illinois Commerce
15		Commission.
16		(z) Information about students exempted from
17		disclosure under Sections 10-20.38 or 34-18.29 of the
18		School Code, and information about undergraduate students
19		enrolled at an institution of higher education exempted
20		from disclosure under Section 25 of the Illinois Credit
21		Card Marketing Act of 2009.
22		(aa) Information the disclosure of which is exempted
23		under the Viatical Settlements Act of 2009.
24		(bb) Records and information provided to a mortality
25		review team and records maintained by a mortality review
26		team appointed under the Department of Juvenile Justice

HB3855 Engrossed - 24 - LRB100 05985 AMC 16014 b
1		Mortality Review Team Act.
2		(cc) Information regarding interments, entombments, or
3		inurnments of human remains that are submitted to the
4		Cemetery Oversight Database under the Cemetery Care Act or
5		the Cemetery Oversight Act, whichever is applicable.
6		(dd) Correspondence and records (i) that may not be
7		disclosed under Section 11-9 of the Illinois Public Aid
8		Code or (ii) that pertain to appeals under Section 11-8 of
9		the Illinois Public Aid Code.
10		(ee) The names, addresses, or other personal
11		information of persons who are minors and are also
12		participants and registrants in programs of park
13		districts, forest preserve districts, conservation
14		districts, recreation agencies, and special recreation
15		associations.
16		(ff) The names, addresses, or other personal
17		information of participants and registrants in programs of
18		park districts, forest preserve districts, conservation
19		districts, recreation agencies, and special recreation
20		associations where such programs are targeted primarily to
21		minors.
22		(gg) Confidential information described in Section
23		1-100 of the Illinois Independent Tax Tribunal Act of 2012.
24		(hh) The report submitted to the State Board of
25		Education by the School Security and Standards Task Force
26		under item (8) of subsection (d) of Section 2-3.160 of the

HB3855 Engrossed - 25 - LRB100 05985 AMC 16014 b
1		School Code and any information contained in that report.
2		(ii) Records requested by persons committed to or
3		detained by the Department of Human Services under the
4		Sexually Violent Persons Commitment Act or committed to the
5		Department of Corrections under the Sexually Dangerous
6		Persons Act if those materials: (i) are available in the
7		library of the facility where the individual is confined;
8		(ii) include records from staff members' personnel files,
9		staff rosters, or other staffing assignment information;
10		or (iii) are available through an administrative request to
11		the Department of Human Services or the Department of
12		Corrections.
13		(jj) Confidential information described in Section
14		5-535 of the Civil Administrative Code of Illinois.
15		(1.5) Any information exempt from disclosure under the
16		Judicial Privacy Act shall be redacted from public records
17		prior to disclosure under this Act.
18		(2) A public record that is not in the possession of a
19		public body but is in the possession of a party with whom the
20		agency has contracted to perform a governmental function on
21		behalf of the public body, and that directly relates to the
22		governmental function and is not otherwise exempt under this
23		Act, shall be considered a public record of the public body,
24		for purposes of this Act.
25		(3) This Section does not authorize withholding of
26		information or limit the availability of records to the public,

HB3855 Engrossed - 26 - LRB100 05985 AMC 16014 b
1		except as stated in this Section or otherwise provided in this
2		Act.
3		(Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13;
4		98-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16;
5		99-642, eff. 7-28-16; revised 10-25-16.)
6		(5 ILCS 140/7.5)
7		Sec. 7.5. Statutory exemptions. To the extent provided for
8		by the statutes referenced below, the following shall be exempt
9		from inspection and copying:
10		(a) All information determined to be confidential
11		under Section 4002 of the Technology Advancement and
12		Development Act.
13		(b) Library circulation and order records identifying
14		library users with specific materials under the Library
15		Records Confidentiality Act.
16		(c) Applications, related documents, and medical
17		records received by the Experimental Organ Transplantation
18		Procedures Board and any and all documents or other records
19		prepared by the Experimental Organ Transplantation
20		Procedures Board or its staff relating to applications it
21		has received.
22		(d) Information and records held by the Department of
23		Public Health and its authorized representatives relating
24		to known or suspected cases of sexually transmissible
25		disease or any information the disclosure of which is

HB3855 Engrossed - 27 - LRB100 05985 AMC 16014 b
1		restricted under the Illinois Sexually Transmissible
2		Disease Control Act.
3		(e) Information the disclosure of which is exempted
4		under Section 30 of the Radon Industry Licensing Act.
5		(f) Firm performance evaluations under Section 55 of
6		the Architectural, Engineering, and Land Surveying
7		Qualifications Based Selection Act.
8		(g) Information the disclosure of which is restricted
9		and exempted under Section 50 of the Illinois Prepaid
10		Tuition Act.
11		(h) Information the disclosure of which is exempted
12		under the State Officials and Employees Ethics Act, and
13		records of any lawfully created State or local inspector
14		general's office that would be exempt if created or
15		obtained by an Executive Inspector General's office under
16		that Act.
17		(i) Information contained in a local emergency energy
18		plan submitted to a municipality in accordance with a local
19		emergency energy plan ordinance that is adopted under
20		Section 11-21.5-5 of the Illinois Municipal Code.
21		(j) Information and data concerning the distribution
22		of surcharge moneys collected and remitted by wireless
23		carriers under the Wireless Emergency Telephone Safety
24		Act.
25		(k) Law enforcement officer identification information
26		or driver identification information compiled by a law

HB3855 Engrossed - 28 - LRB100 05985 AMC 16014 b
1		enforcement agency or the Department of Transportation
2		under Section 11-212 of the Illinois Vehicle Code.
3		(l) Records and information provided to a residential
4		health care facility resident sexual assault and death
5		review team or the Executive Council under the Abuse
6		Prevention Review Team Act.
7		(m) Information provided to the predatory lending
8		database created pursuant to Article 3 of the Residential
9		Real Property Disclosure Act, except to the extent
10		authorized under that Article.
11		(n) Defense budgets and petitions for certification of
12		compensation and expenses for court appointed trial
13		counsel as provided under Sections 10 and 15 of the Capital
14		Crimes Litigation Act. This subsection (n) shall apply
15		until the conclusion of the trial of the case, even if the
16		prosecution chooses not to pursue the death penalty prior
17		to trial or sentencing.
18		(o) Information that is prohibited from being
19		disclosed under Section 4 of the Illinois Health and
20		Hazardous Substances Registry Act.
21		(p) Security portions of system safety program plans,
22		investigation reports, surveys, schedules, lists, data, or
23		information compiled, collected, or prepared by or for the
24		Regional Transportation Authority under Section 2.11 of
25		the Regional Transportation Authority Act or the St. Clair
26		County Transit District under the Bi-State Transit Safety

HB3855 Engrossed - 29 - LRB100 05985 AMC 16014 b
1		Act.
2		(q) Information prohibited from being disclosed by the
3		Personnel Records Review Act.
4		(r) Information prohibited from being disclosed by the
5		Illinois School Student Records Act.
6		(s) Information the disclosure of which is restricted
7		under Section 5-108 of the Public Utilities Act.
8		(t) All identified or deidentified health information
9		in the form of health data or medical records contained in,
10		stored in, submitted to, transferred by, or released from
11		the Illinois Health Information Exchange, and identified
12		or deidentified health information in the form of health
13		data and medical records of the Illinois Health Information
14		Exchange in the possession of the Illinois Health
15		Information Exchange Authority due to its administration
16		of the Illinois Health Information Exchange. The terms
17		"identified" and "deidentified" shall be given the same
18		meaning as in the Health Insurance Portability and
19		Accountability Act of 1996, Public Law 104-191, or any
20		subsequent amendments thereto, and any regulations
21		promulgated thereunder.
22		(u) Records and information provided to an independent
23		team of experts under Brian's Law.
24		(v) Names and information of people who have applied
25		for or received Firearm Owner's Identification Cards under
26		the Firearm Owners Identification Card Act or applied for

HB3855 Engrossed - 30 - LRB100 05985 AMC 16014 b
1		or received a concealed carry license under the Firearm
2		Concealed Carry Act, unless otherwise authorized by the
3		Firearm Concealed Carry Act; and databases under the
4		Firearm Concealed Carry Act, records of the Concealed Carry
5		Licensing Review Board under the Firearm Concealed Carry
6		Act, and law enforcement agency objections under the
7		Firearm Concealed Carry Act.
8		(w) Personally identifiable information which is
9		exempted from disclosure under subsection (g) of Section
10		19.1 of the Toll Highway Act.
11		(x) Information which is exempted from disclosure
12		under Section 5-1014.3 of the Counties Code or Section
13		8-11-21 of the Illinois Municipal Code.
14		(y) Confidential information under the Adult
15		Protective Services Act and its predecessor enabling
16		statute, the Elder Abuse and Neglect Act, including
17		information about the identity and administrative finding
18		against any caregiver of a verified and substantiated
19		decision of abuse, neglect, or financial exploitation of an
20		eligible adult maintained in the Registry established
21		under Section 7.5 of the Adult Protective Services Act.
22		(z) Records and information provided to a fatality
23		review team or the Illinois Fatality Review Team Advisory
24		Council under Section 15 of the Adult Protective Services
25		Act.
26		(aa) Information which is exempted from disclosure

HB3855 Engrossed - 31 - LRB100 05985 AMC 16014 b
1		under Section 2.37 of the Wildlife Code.
2		(bb) Information which is or was prohibited from
3		disclosure by the Juvenile Court Act of 1987.
4		(cc) Recordings made under the Law Enforcement
5		Officer-Worn Body Camera Act, except to the extent
6		authorized under that Act.
7		(dd) Information that is prohibited from being
8		disclosed under Section 45 of the Condominium and Common
9		Interest Community Ombudsperson Act.
10		(ee) (dd) Information that is exempted from disclosure
11		under Section 30.1 of the Pharmacy Practice Act.
12		(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
13		eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
14		99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
15		99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
16		8-19-16; revised 9-1-16.)
17		Section 30. The State Records Act is amended by changing
18		Section 2 as follows:
19		(5 ILCS 160/2) (from Ch. 116, par. 43.5)
20		Sec. 2. For the purposes of this Act:
21		"Secretary" means Secretary of State.
22		"Record" or "records" means all books, papers,
23		born-digital electronic material, digitized electronic
24		material, electronic material with a combination of digitized

HB3855 Engrossed - 32 - LRB100 05985 AMC 16014 b
1		and born-digital material, maps, photographs, databases, or
2		other official documentary materials, regardless of physical
3		form or characteristics, made, produced, executed, or received
4		by any agency in the State in pursuance of State state law or
5		in connection with the transaction of public business and
6		preserved or appropriate for preservation by that agency or its
7		successor as evidence of the organization, function, policies,
8		decisions, procedures, operations, or other activities of the
9		State or of the State Government, or because of the
10		informational data contained therein. Library and museum
11		material made or acquired and preserved solely for reference or
12		exhibition purposes, extra copies of documents preserved only
13		for convenience of reference, and stocks of publications and of
14		blank forms are not included within the definition of records
15		as used in this Act. Reports of impaired physicians under
16		Section 16.04 of the Medical Practice Act or Section 23 of the
17		Medical Practice Act of 1987 are not included within the
18		definition of records as used in this Act.
19		"Born-digital electronic material" means electronic
20		material created in digital form rather than converted from
21		print or analog form to digital form.
22		"Digitized electronic material" means electronic material
23		converted from print or analog form to digital form.
24		"Agency" means all parts, boards, and commissions of the
25		executive branch of the State government, including, but not
26		limited to, State colleges and universities and their governing

HB3855 Engrossed - 33 - LRB100 05985 AMC 16014 b
1		boards and all departments established by the "Civil
2		Administrative Code of Illinois," as heretofore or hereafter
3		amended.
4		"Public Officer" or "public officers" means all officers of
5		the executive branch of the State government, all officers
6		created by the "Civil Administrative Code of Illinois," as
7		heretofore or hereafter amended, and all other officers and
8		heads, presidents, or chairmen of boards, commissions, and
9		agencies of the State government.
10		"Commission" means the State Records Commission.
11		"Archivist" means the Secretary of State.
12		(Source: P.A. 99-147, eff. 1-1-16; revised 9-16-16.)
13		Section 35. The Illinois Notary Public Act is amended by
14		changing Section 2-106 as follows:
15		(5 ILCS 312/2-106) (from Ch. 102, par. 202-106)
16		Sec. 2-106. Appointment Recorded by County Clerk. The
17		appointment of the applicant as a notary public is complete
18		when the commission is recorded with the county clerk.
19		The Secretary of State shall forward the applicant's
20		commission to the county clerk of the county in which the
21		applicant resides or, if the applicant is a resident of a state
22		bordering Illinois, the county in Illinois in which the
23		applicant's principal place of work or principal place of
24		business is located. Upon receipt thereof, the county clerk

HB3855 Engrossed - 34 - LRB100 05985 AMC 16014 b
1		shall notify the applicant of the action taken by the Secretary
2		of State, and the applicant shall either appear at the county
3		clerk's office to record the same and receive the commission or
4		request by mail to have the commission sent to the applicant
5		with a specimen signature of the applicant attached to the
6		request. The applicant shall have a record of the appointment,
7		and the time when the commission will expire, entered in the
8		records of the office of the county clerk. When the applicant
9		appears before the county clerk, the applicant shall pay a fee
10		of $5, at which time the county clerk shall then deliver the
11		commission to the applicant.
12		If the appointment is completed by mail, the applicant
13		shall pay the county clerk a fee of $10.00, which shall be
14		submitted with the request to the county clerk. The county
15		clerk shall then record the appointment and send the commission
16		by mail to the applicant.
17		If an applicant does not respond to the notification by the
18		county clerk within 30 days, the county clerk shall again
19		notify the applicant that the county clerk has received the
20		applicant's notary public commission issued by the Secretary of
21		State. The second notice shall be in substantially the
22		following form:
23		"The records of this office indicate that you have not
24		picked up your notary public commission from the Office of
25		the County Clerk.
26		The Illinois Notary Public Law requires you to appear in

HB3855 Engrossed - 35 - LRB100 05985 AMC 16014 b
1		person in the clerk's office, record your commission, and
2		pay a fee of $5.00 to the county clerk or request that your
3		commission be mailed to you. This request must be
4		accompanied by a specimen of your signature and a $10.00
5		fee payable to the county clerk.
6		Your appointment as a notary is not complete until the
7		commission is recorded with the county clerk. Furthermore,
8		if you do not make arrangements with the clerk for
9		recording and delivery of your commission within 30 days
10		from the date of this letter, the county clerk will return
11		your commission to the Secretary of State. Your commission
12		will be cancelled and your name will be removed from the
13		list of notaries in the State of Illinois.
14		I should also like to remind you that any person who
15		attests to any document as a notary and is not a notary in
16		good standing with the Office of the Secretary of State is
17		guilty of official misconduct and may be subject to a fine
18		or imprisonment.".
19		The Secretary of State shall cancel the appointment of all
20		notaries whose commissions are returned to his office by the
21		county clerks. No application fee will be refunded and no
22		bonding company is required to issue a refund when an
23		appointment is cancelled.
24		(Source: P.A. 91-818, eff. 6-13-00; revised 9-16-16.)
25		Section 40. The Illinois Public Labor Relations Act is

HB3855 Engrossed - 36 - LRB100 05985 AMC 16014 b
1		amended by changing Sections 27 and 28 as follows:
2		(5 ILCS 315/27) (from Ch. 48, par. 1627)
3		Sec. 27. Except as provided in Section 18 of this Act
4		herein, the provisions of the Labor Dispute Act "An Act
5		relating to disputes concerning terms and conditions of
6		employment", approved June 19, 1925, as now or hereafter
7		amended, apply.
8		(Source: P.A. 83-1012; revised 9-16-16.)
9		(5 ILCS 315/28)
10		Sec. 28. Applicability of changes made by Public Act
11		97-1158 amendatory Act of the 97th General Assembly. Nothing in
12		Public Act 97-1158 this amendatory Act of the 97th General
13		Assembly applies to workers or consumers in the Home-Based Home
14		Based Support Services Program in the Department of Human
15		Services Division of Developmental Disabilities.
16		(Source: P.A. 97-1158, eff. 1-29-13; revised 9-16-16.)
17		Section 45. The State Employee Vacation Time Act is amended
18		by changing Section 1 as follows:
19		(5 ILCS 360/1) (from Ch. 127, par. 63b120.1)
20		Sec. 1. After the effective date of this Act, computation
21		of vacation time of former State employees re-entering State
22		service shall be determined as though all previous State

HB3855 Engrossed - 37 - LRB100 05985 AMC 16014 b
1		service which qualified for earning of vacation benefits is
2		continuous with present service.
3		For purposes of this Section, "State employee" means an
4		"employee" as that term is defined in Section 2 of the "State
5		Salary and Annuity Withholding Act".
6		(Source: P.A. 77-1823; revised 9-1-16.)
7		Section 50. The State Employee Prevailing Wage Act is
8		amended by changing Section 1 as follows:
9		(5 ILCS 370/1) (from Ch. 127, par. 391)
10		Sec. 1. Whenever any State officer, agency, or authority,
11		whether funded by State taxes or otherwise, employs an
12		individual in a capacity or position of such a character as
13		would be subject to rules or regulations of the Department of
14		Central Management Services requiring the payment of the
15		prevailing rate of wages to those holding such a position or
16		serving in such a capacity if that employment were subject to
17		the "Personnel Code", the State officer, agency, or authority
18		shall pay that individual at the prevailing rate,
19		notwithstanding the nonapplicability of the "Personnel Code".
20		(Source: P.A. 82-789; revised 9-16-16.)
21		Section 60. The Illinois Governmental Ethics Act is amended
22		by changing Section 3-202 as follows:

HB3855 Engrossed - 38 - LRB100 05985 AMC 16014 b
1		(5 ILCS 420/3-202) (from Ch. 127, par. 603-202)
2		Sec. 3-202. When a legislator must take official action on
3		a legislative matter as to which he has a conflict situation
4		created by a personal, family, or client legislative interest,
5		he should consider the possibility of eliminating the interest
6		creating the conflict situation. If that is not feasible, he
7		should consider the possibility of abstaining from such
8		official action. In making his decision as to abstention, the
9		following factors should be considered: ;
10		a. whether a substantial threat to his independence of
11		judgment has been created by the conflict situation;
12		b. the effect of his participation on public confidence
13		in the integrity of the legislature;
14		c. whether his participation is likely to have any
15		significant effect on the disposition of the matter;
16		d. the need for his particular contribution, such as
17		special knowledge of the subject matter, to the effective
18		functioning of the legislature.
19		He need not abstain if he decides to participate in a
20		manner contrary to the economic interest which creates the
21		conflict situation.
22		If he does abstain, he should disclose that fact to his
23		respective legislative body.
24		(Source: Laws 1967, p. 3401; revised 10-26-16.)
25		Section 65. The Flag Display Act is amended by changing

HB3855 Engrossed - 39 - LRB100 05985 AMC 16014 b
1		Section 10 as follows:
2		(5 ILCS 465/10)
3		Sec. 10. Death of resident military member, law enforcement
4		officer, firefighter, or members of EMS crews.
5		(a) The Governor shall issue an official notice to fly the
6		following flags at half-staff upon the death of a resident of
7		this State killed (i) by hostile fire as a member of the United
8		States armed forces, (ii) in the line of duty as a law
9		enforcement officer, (iii) in the line of duty as a
10		firefighter, or (iv) in the line of duty as a member of an
11		Emergency Medical Services (EMS) crew, ; or (v) during on duty
12		training for active military duty: the United States national
13		flag, the State flag of Illinois, and, in the case of the death
14		of the member of the United States armed forces, the
15		appropriate military flag as defined in subsection (b) of
16		Section 18.6 of the Condominium Property Act. Upon the
17		Governor's notice, each person or entity required by this Act
18		to ensure the display of the United States national flag on a
19		flagstaff shall ensure that the flags described in the notice
20		are displayed at half-staff on the day designated for the
21		resident's funeral and the 2 days preceding that day.
22		(b) The Department of Veterans' Affairs shall notify the
23		Governor of the death by hostile fire of an Illinois resident
24		member of the United States armed forces. The Department of
25		State Police shall notify the Governor of the death in the line

HB3855 Engrossed - 40 - LRB100 05985 AMC 16014 b
1		of duty of an Illinois resident law enforcement officer. The
2		Office of the State Fire Marshal shall notify the Governor of
3		the death in the line of duty of an Illinois resident
4		firefighter. The Department of Public Health shall notify the
5		Governor of the death in the line of duty of an Illinois
6		resident member of an Emergency Medical Services (EMS) crew.
7		Notice to the Governor shall include at least the resident's
8		name and Illinois address, the date designated for the funeral,
9		and the circumstances of the death.
10		(c) For the purpose of this Section, the United States
11		armed forces includes: (i) the United States Army, Navy, Marine
12		Corps, Air Force, and Coast Guard; (ii) any reserve component
13		of each of the forces listed in item (i); and (iii) the
14		National Guard.
15		(d) Nothing in this Section requires the removal or
16		relocation of any existing flags currently displayed in the
17		State. This Section does not apply to a State facility if the
18		requirements of this Section cannot be satisfied without a
19		physical modification to that facility.
20		(Source: P.A. 98-234, eff. 1-1-14; 99-372, eff. 1-1-16; revised
21		1-24-17.)
22		Section 70. The Election Code is amended by changing
23		Sections 3-6, 4-8.5, 5-8.5, 6-35.5, 7-8, 18A-5, 20-5, 20-13,
24		and 24A-15.1 as follows:

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1		(10 ILCS 5/3-6)
2		Sec. 3-6. Voting age. Notwithstanding any other provision
3		of law, a person who is 17 years old on the date of a caucus,
4		general primary election, or consolidated primary election and
5		who is otherwise qualified to vote is qualified to vote at that
6		caucus, general primary, or consolidated primary, including
7		voting a vote by mail, grace period, or early voting ballot
8		with respect to that general primary or consolidated primary,
9		if that person will be 18 years old on the date of the
10		immediately following general election or consolidated
11		election for which candidates are nominated at that primary.
12		References in this Code and elsewhere to the requirement
13		that a person must be 18 years old to vote shall be interpreted
14		in accordance with this Section.
15		For the purposes of this Code Act, an individual who is 17
16		years of age and who will be 18 years of age on the date of the
17		general or consolidated election shall be deemed competent to
18		execute and attest to any voter registration forms. An
19		individual who is 17 years of age, will be 18 years of age on
20		the date of the immediately following general or consolidated
21		election, and is otherwise qualified to vote shall be deemed
22		eligible to circulate a nominating petition or a petition
23		proposing a public question.
24		(Source: P.A. 98-51, eff. 1-1-14; 98-1171, eff. 6-1-15; 99-722,
25		eff. 8-5-16; revised 10-25-16.)

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1		(10 ILCS 5/4-8.5)
2		Sec. 4-8.5. Deputy registrar eligibility. Unless otherwise
3		provided by law, an individual who that is 17 years old or
4		older who is registered to vote in this State shall be eligible
5		to serve as a deputy registrar.
6		(Source: P.A. 99-722, eff. 8-5-16; revised 10-25-16.)
7		(10 ILCS 5/5-8.5)
8		Sec. 5-8.5. Deputy registrar eligibility. Unless otherwise
9		provided by law, an individual who that is 17 years old or
10		older who is registered to vote in this State shall be eligible
11		to serve as a deputy registrar.
12		(Source: P.A. 99-722, eff. 8-5-16; revised 10-25-16.)
13		(10 ILCS 5/6-35.5)
14		Sec. 6-35.5. Deputy registrar eligibility. Unless
15		otherwise provided by law, an individual who that is 17 years
16		old or older who is registered to vote in this State shall be
17		eligible to serve as a deputy registrar.
18		(Source: P.A. 99-722, eff. 8-5-16; revised 10-25-16.)
19		(10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
20		Sec. 7-8. The State central committee shall be composed of
21		one or two members from each congressional district in the
22		State and shall be elected as follows:
23		State Central Committee

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1		(a) Within 30 days after January 1, 1984 (the effective
2		date of Public Act 83-33), this amendatory Act of 1983 the
3		State central committee of each political party shall certify
4		to the State Board of Elections which of the following
5		alternatives it wishes to apply to the State central committee
6		of that party.
7		Alternative A. At the primary in 1970 and at the general
8		primary election held every 4 years thereafter, each primary
9		elector may vote for one candidate of his party for member of
10		the State central committee for the congressional district in
11		which he resides. The candidate receiving the highest number of
12		votes shall be declared elected State central committeeman from
13		the district. A political party may, in lieu of the foregoing,
14		by a majority vote of delegates at any State convention of such
15		party, determine to thereafter elect the State central
16		committeemen in the manner following:
17		At the county convention held by such political party,
18		State central committeemen shall be elected in the same manner
19		as provided in this Article for the election of officers of the
20		county central committee, and such election shall follow the
21		election of officers of the county central committee. Each
22		elected ward, township or precinct committeeman shall cast as
23		his vote one vote for each ballot voted in his ward, township,
24		part of a township or precinct in the last preceding primary
25		election of his political party. In the case of a county lying
26		partially within one congressional district and partially

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1		within another congressional district, each ward, township or
2		precinct committeeman shall vote only with respect to the
3		congressional district in which his ward, township, part of a
4		township or precinct is located. In the case of a congressional
5		district which encompasses more than one county, each ward,
6		township or precinct committeeman residing within the
7		congressional district shall cast as his vote one vote for each
8		ballot voted in his ward, township, part of a township or
9		precinct in the last preceding primary election of his
10		political party for one candidate of his party for member of
11		the State central committee for the congressional district in
12		which he resides and the Chairman of the county central
13		committee shall report the results of the election to the State
14		Board of Elections. The State Board of Elections shall certify
15		the candidate receiving the highest number of votes elected
16		State central committeeman for that congressional district.
17		The State central committee shall adopt rules to provide
18		for and govern the procedures to be followed in the election of
19		members of the State central committee.
20		After August 6, 1999 (the effective date of Public Act
21		91-426) this amendatory Act of the 91st General Assembly,
22		whenever a vacancy occurs in the office of Chairman of a State
23		central committee, or at the end of the term of office of
24		Chairman, the State central committee of each political party
25		that has selected Alternative A shall elect a Chairman who
26		shall not be required to be a member of the State Central

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1		Committee. The Chairman shall be a registered voter in this
2		State and of the same political party as the State central
3		committee.
4		Alternative B. Each congressional committee shall, within
5		30 days after the adoption of this alternative, appoint a
6		person of the sex opposite that of the incumbent member for
7		that congressional district to serve as an additional member of
8		the State central committee until his or her successor is
9		elected at the general primary election in 1986. Each
10		congressional committee shall make this appointment by voting
11		on the basis set forth in paragraph (e) of this Section. In
12		each congressional district at the general primary election
13		held in 1986 and every 4 years thereafter, the male candidate
14		receiving the highest number of votes of the party's male
15		candidates for State central committeeman, and the female
16		candidate receiving the highest number of votes of the party's
17		female candidates for State central committeewoman, shall be
18		declared elected State central committeeman and State central
19		committeewoman from the district. At the general primary
20		election held in 1986 and every 4 years thereafter, if all a
21		party's candidates for State central committeemen or State
22		central committeewomen from a congressional district are of the
23		same sex, the candidate receiving the highest number of votes
24		shall be declared elected a State central committeeman or State
25		central committeewoman from the district, and, because of a
26		failure to elect one male and one female to the committee, a

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1		vacancy shall be declared to exist in the office of the second
2		member of the State central committee from the district. This
3		vacancy shall be filled by appointment by the congressional
4		committee of the political party, and the person appointed to
5		fill the vacancy shall be a resident of the congressional
6		district and of the sex opposite that of the committeeman or
7		committeewoman elected at the general primary election. Each
8		congressional committee shall make this appointment by voting
9		on the basis set forth in paragraph (e) of this Section.
10		The Chairman of a State central committee composed as
11		provided in this Alternative B must be selected from the
12		committee's members.
13		Except as provided for in Alternative A with respect to the
14		selection of the Chairman of the State central committee, under
15		both of the foregoing alternatives, the State central committee
16		of each political party shall be composed of members elected or
17		appointed from the several congressional districts of the
18		State, and of no other person or persons whomsoever. The
19		members of the State central committee shall, within 41 days
20		after each quadrennial election of the full committee, meet in
21		the city of Springfield and organize by electing a chairman,
22		and may at such time elect such officers from among their own
23		number (or otherwise), as they may deem necessary or expedient.
24		The outgoing chairman of the State central committee of the
25		party shall, 10 days before the meeting, notify each member of
26		the State central committee elected at the primary of the time

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1		and place of such meeting. In the organization and proceedings
2		of the State central committee, each State central committeeman
3		and State central committeewoman shall have one vote for each
4		ballot voted in his or her congressional district by the
5		primary electors of his or her party at the primary election
6		immediately preceding the meeting of the State central
7		committee. Whenever a vacancy occurs in the State central
8		committee of any political party, the vacancy shall be filled
9		by appointment of the chairmen of the county central committees
10		of the political party of the counties located within the
11		congressional district in which the vacancy occurs and, if
12		applicable, the ward and township committeemen of the political
13		party in counties of 2,000,000 or more inhabitants located
14		within the congressional district. If the congressional
15		district in which the vacancy occurs lies wholly within a
16		county of 2,000,000 or more inhabitants, the ward and township
17		committeemen of the political party in that congressional
18		district shall vote to fill the vacancy. In voting to fill the
19		vacancy, each chairman of a county central committee and each
20		ward and township committeeman in counties of 2,000,000 or more
21		inhabitants shall have one vote for each ballot voted in each
22		precinct of the congressional district in which the vacancy
23		exists of his or her county, township, or ward cast by the
24		primary electors of his or her party at the primary election
25		immediately preceding the meeting to fill the vacancy in the
26		State central committee. The person appointed to fill the

HB3855 Engrossed - 48 - LRB100 05985 AMC 16014 b
1		vacancy shall be a resident of the congressional district in
2		which the vacancy occurs, shall be a qualified voter, and, in a
3		committee composed as provided in Alternative B, shall be of
4		the same sex as his or her predecessor. A political party may,
5		by a majority vote of the delegates of any State convention of
6		such party, determine to return to the election of State
7		central committeeman and State central committeewoman by the
8		vote of primary electors. Any action taken by a political party
9		at a State convention in accordance with this Section shall be
10		reported to the State Board of Elections by the chairman and
11		secretary of such convention within 10 days after such action.
12		Ward, Township and Precinct Committeemen
13		(b) At the primary in 1972 and at the general primary
14		election every 4 years thereafter, each primary elector in
15		cities having a population of 200,000 or over may vote for one
16		candidate of his party in his ward for ward committeeman. Each
17		candidate for ward committeeman must be a resident of and in
18		the ward where he seeks to be elected ward committeeman. The
19		one having the highest number of votes shall be such ward
20		committeeman of such party for such ward. At the primary
21		election in 1970 and at the general primary election every 4
22		years thereafter, each primary elector in counties containing a
23		population of 2,000,000 or more, outside of cities containing a
24		population of 200,000 or more, may vote for one candidate of
25		his party for township committeeman. Each candidate for
26		township committeeman must be a resident of and in the township

HB3855 Engrossed - 49 - LRB100 05985 AMC 16014 b
1		or part of a township (which lies outside of a city having a
2		population of 200,000 or more, in counties containing a
3		population of 2,000,000 or more), and in which township or part
4		of a township he seeks to be elected township committeeman. The
5		one having the highest number of votes shall be such township
6		committeeman of such party for such township or part of a
7		township. At the primary in 1970 and at the general primary
8		election every 2 years thereafter, each primary elector, except
9		in counties having a population of 2,000,000 or over, may vote
10		for one candidate of his party in his precinct for precinct
11		committeeman. Each candidate for precinct committeeman must be
12		a bona fide resident of the precinct where he seeks to be
13		elected precinct committeeman. The one having the highest
14		number of votes shall be such precinct committeeman of such
15		party for such precinct. The official returns of the primary
16		shall show the name of the committeeman of each political
17		party.
18		Terms of Committeemen. All precinct committeemen elected
19		under the provisions of this Article shall continue as such
20		committeemen until the date of the primary to be held in the
21		second year after their election. Except as otherwise provided
22		in this Section for certain State central committeemen who have
23		2 year terms, all State central committeemen, township
24		committeemen and ward committeemen shall continue as such
25		committeemen until the date of primary to be held in the fourth
26		year after their election. However, a vacancy exists in the

HB3855 Engrossed - 50 - LRB100 05985 AMC 16014 b
1		office of precinct committeeman when a precinct committeeman
2		ceases to reside in the precinct in which he was elected and
3		such precinct committeeman shall thereafter neither have nor
4		exercise any rights, powers or duties as committeeman in that
5		precinct, even if a successor has not been elected or
6		appointed.
7		(c) The Multi-Township Central Committee shall consist of
8		the precinct committeemen of such party, in the multi-township
9		assessing district formed pursuant to Section 2-10 of the
10		Property Tax Code and shall be organized for the purposes set
11		forth in Section 45-25 of the Township Code. In the
12		organization and proceedings of the Multi-Township Central
13		Committee each precinct committeeman shall have one vote for
14		each ballot voted in his precinct by the primary electors of
15		his party at the primary at which he was elected.
16		County Central Committee
17		(d) The county central committee of each political party in
18		each county shall consist of the various township committeemen,
19		precinct committeemen and ward committeemen, if any, of such
20		party in the county. In the organization and proceedings of the
21		county central committee, each precinct committeeman shall
22		have one vote for each ballot voted in his precinct by the
23		primary electors of his party at the primary at which he was
24		elected; each township committeeman shall have one vote for
25		each ballot voted in his township or part of a township as the
26		case may be by the primary electors of his party at the primary

HB3855 Engrossed - 51 - LRB100 05985 AMC 16014 b
1		election for the nomination of candidates for election to the
2		General Assembly immediately preceding the meeting of the
3		county central committee; and in the organization and
4		proceedings of the county central committee, each ward
5		committeeman shall have one vote for each ballot voted in his
6		ward by the primary electors of his party at the primary
7		election for the nomination of candidates for election to the
8		General Assembly immediately preceding the meeting of the
9		county central committee.
10		Cook County Board of Review Election District Committee
11		(d-1) Each board of review election district committee of
12		each political party in Cook County shall consist of the
13		various township committeemen and ward committeemen, if any, of
14		that party in the portions of the county composing the board of
15		review election district. In the organization and proceedings
16		of each of the 3 election district committees, each township
17		committeeman shall have one vote for each ballot voted in his
18		or her township or part of a township, as the case may be, by
19		the primary electors of his or her party at the primary
20		election immediately preceding the meeting of the board of
21		review election district committee; and in the organization and
22		proceedings of each of the 3 election district committees, each
23		ward committeeman shall have one vote for each ballot voted in
24		his or her ward or part of that ward, as the case may be, by the
25		primary electors of his or her party at the primary election
26		immediately preceding the meeting of the board of review

HB3855 Engrossed - 52 - LRB100 05985 AMC 16014 b
1		election district committee.
2		Congressional Committee
3		(e) The congressional committee of each party in each
4		congressional district shall be composed of the chairmen of the
5		county central committees of the counties composing the
6		congressional district, except that in congressional districts
7		wholly within the territorial limits of one county, the
8		precinct committeemen, township committeemen and ward
9		committeemen, if any, of the party representing the precincts
10		within the limits of the congressional district, shall compose
11		the congressional committee. A State central committeeman in
12		each district shall be a member and the chairman or, when a
13		district has 2 State central committeemen, a co-chairman of the
14		congressional committee, but shall not have the right to vote
15		except in case of a tie.
16		In the organization and proceedings of congressional
17		committees composed of precinct committeemen or township
18		committeemen or ward committeemen, or any combination thereof,
19		each precinct committeeman shall have one vote for each ballot
20		voted in his precinct by the primary electors of his party at
21		the primary at which he was elected, each township committeeman
22		shall have one vote for each ballot voted in his township or
23		part of a township as the case may be by the primary electors
24		of his party at the primary election immediately preceding the
25		meeting of the congressional committee, and each ward
26		committeeman shall have one vote for each ballot voted in each

HB3855 Engrossed - 53 - LRB100 05985 AMC 16014 b
1		precinct of his ward located in such congressional district by
2		the primary electors of his party at the primary election
3		immediately preceding the meeting of the congressional
4		committee; and in the organization and proceedings of
5		congressional committees composed of the chairmen of the county
6		central committees of the counties within such district, each
7		chairman of such county central committee shall have one vote
8		for each ballot voted in his county by the primary electors of
9		his party at the primary election immediately preceding the
10		meeting of the congressional committee.
11		Judicial District Committee
12		(f) The judicial district committee of each political party
13		in each judicial district shall be composed of the chairman of
14		the county central committees of the counties composing the
15		judicial district.
16		In the organization and proceedings of judicial district
17		committees composed of the chairmen of the county central
18		committees of the counties within such district, each chairman
19		of such county central committee shall have one vote for each
20		ballot voted in his county by the primary electors of his party
21		at the primary election immediately preceding the meeting of
22		the judicial district committee.
23		Circuit Court Committee
24		(g) The circuit court committee of each political party in
25		each judicial circuit outside Cook County shall be composed of
26		the chairmen of the county central committees of the counties

HB3855 Engrossed - 54 - LRB100 05985 AMC 16014 b
1		composing the judicial circuit.
2		In the organization and proceedings of circuit court
3		committees, each chairman of a county central committee shall
4		have one vote for each ballot voted in his county by the
5		primary electors of his party at the primary election
6		immediately preceding the meeting of the circuit court
7		committee.
8		Judicial Subcircuit Committee
9		(g-1) The judicial subcircuit committee of each political
10		party in each judicial subcircuit in a judicial circuit divided
11		into subcircuits shall be composed of (i) the ward and township
12		committeemen of the townships and wards composing the judicial
13		subcircuit in Cook County and (ii) the precinct committeemen of
14		the precincts composing the judicial subcircuit in any county
15		other than Cook County.
16		In the organization and proceedings of each judicial
17		subcircuit committee, each township committeeman shall have
18		one vote for each ballot voted in his township or part of a
19		township, as the case may be, in the judicial subcircuit by the
20		primary electors of his party at the primary election
21		immediately preceding the meeting of the judicial subcircuit
22		committee; each precinct committeeman shall have one vote for
23		each ballot voted in his precinct or part of a precinct, as the
24		case may be, in the judicial subcircuit by the primary electors
25		of his party at the primary election immediately preceding the
26		meeting of the judicial subcircuit committee; and each ward

HB3855 Engrossed - 55 - LRB100 05985 AMC 16014 b
1		committeeman shall have one vote for each ballot voted in his
2		ward or part of a ward, as the case may be, in the judicial
3		subcircuit by the primary electors of his party at the primary
4		election immediately preceding the meeting of the judicial
5		subcircuit committee.
6		Municipal Central Committee
7		(h) The municipal central committee of each political party
8		shall be composed of the precinct, township or ward
9		committeemen, as the case may be, of such party representing
10		the precincts or wards, embraced in such city, incorporated
11		town or village. The voting strength of each precinct, township
12		or ward committeeman on the municipal central committee shall
13		be the same as his voting strength on the county central
14		committee.
15		For political parties, other than a statewide political
16		party, established only within a municipality or township, the
17		municipal or township managing committee shall be composed of
18		the party officers of the local established party. The party
19		officers of a local established party shall be as follows: the
20		chairman and secretary of the caucus for those municipalities
21		and townships authorized by statute to nominate candidates by
22		caucus shall serve as party officers for the purpose of filling
23		vacancies in nomination under Section 7-61; for municipalities
24		and townships authorized by statute or ordinance to nominate
25		candidates by petition and primary election, the party officers
26		shall be the party's candidates who are nominated at the

HB3855 Engrossed - 56 - LRB100 05985 AMC 16014 b
1		primary. If no party primary was held because of the provisions
2		of Section 7-5, vacancies in nomination shall be filled by the
3		party's remaining candidates who shall serve as the party's
4		officers.
5		Powers
6		(i) Each committee and its officers shall have the powers
7		usually exercised by such committees and by the officers
8		thereof, not inconsistent with the provisions of this Article.
9		The several committees herein provided for shall not have power
10		to delegate any of their powers, or functions to any other
11		person, officer or committee, but this shall not be construed
12		to prevent a committee from appointing from its own membership
13		proper and necessary subcommittees.
14		(j) The State central committee of a political party which
15		elects its it members by Alternative B under paragraph (a) of
16		this Section shall adopt a plan to give effect to the delegate
17		selection rules of the national political party and file a copy
18		of such plan with the State Board of Elections when approved by
19		a national political party.
20		(k) For the purpose of the designation of a proxy by a
21		Congressional Committee to vote in place of an absent State
22		central committeeman or committeewoman at meetings of the State
23		central committee of a political party which elects its members
24		by Alternative B under paragraph (a) of this Section, the proxy
25		shall be appointed by the vote of the ward and township
26		committeemen, if any, of the wards and townships which lie

HB3855 Engrossed - 57 - LRB100 05985 AMC 16014 b
1		entirely or partially within the Congressional District from
2		which the absent State central committeeman or committeewoman
3		was elected and the vote of the chairmen of the county central
4		committees of those counties which lie entirely or partially
5		within that Congressional District and in which there are no
6		ward or township committeemen. When voting for such proxy, the
7		county chairman, ward committeeman or township committeeman,
8		as the case may be, shall have one vote for each ballot voted
9		in his county, ward or township, or portion thereof within the
10		Congressional District, by the primary electors of his party at
11		the primary at which he was elected. However, the absent State
12		central committeeman or committeewoman may designate a proxy
13		when permitted by the rules of a political party which elects
14		its members by Alternative B under paragraph (a) of this
15		Section.
16		Notwithstanding any law to the contrary, a person is
17		ineligible to hold the position of committeeperson in any
18		committee established pursuant to this Section if he or she is
19		statutorily ineligible to vote in a general election because of
20		conviction of a felony. When a committeeperson is convicted of
21		a felony, the position occupied by that committeeperson shall
22		automatically become vacant.
23		(Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07; 95-699,
24		eff. 11-9-07; revised 9-6-16.)
25		(10 ILCS 5/18A-5)

HB3855 Engrossed - 58 - LRB100 05985 AMC 16014 b
1		Sec. 18A-5. Provisional voting; general provisions.
2		(a) A person who claims to be a registered voter is
3		entitled to cast a provisional ballot under the following
4		circumstances:
5		(1) The person's name does not appear on the official
6		list of eligible voters for the precinct in which the
7		person seeks to vote and the person has refused an
8		opportunity to register at the polling location or another
9		grace period registration site. The official list is the
10		centralized statewide voter registration list established
11		and maintained in accordance with Section 1A-25;
12		(2) The person's voting status has been challenged by
13		an election judge, a pollwatcher, or any legal voter and
14		that challenge has been sustained by a majority of the
15		election judges;
16		(3) A federal or State court order extends the time for
17		closing the polls beyond the time period established by
18		State law and the person votes during the extended time
19		period;
20		(4) The voter registered to vote by mail and is
21		required by law to present identification when voting
22		either in person or by early voting ballot, but fails to do
23		so;
24		(5) The voter's name appears on the list of voters who
25		voted during the early voting period, but the voter claims
26		not to have voted during the early voting period; or

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1		(6) The voter received a vote by mail ballot but did
2		not return the vote by mail ballot to the election
3		authority; or
4		(7) The voter attempted to register to vote on election
5		day, but failed to provide the necessary documentation.
6		(b) The procedure for obtaining and casting a provisional
7		ballot at the polling place shall be as follows:
8		(1) After first verifying through an examination of the
9		precinct register that the person's address is within the
10		precinct boundaries, an election judge at the polling place
11		shall notify a person who is entitled to cast a provisional
12		ballot pursuant to subsection (a) that he or she may cast a
13		provisional ballot in that election. An election judge must
14		accept any information provided by a person who casts a
15		provisional ballot that the person believes supports his or
16		her claim that he or she is a duly registered voter and
17		qualified to vote in the election. However, if the person's
18		residence address is outside the precinct boundaries, the
19		election judge shall inform the person of that fact, give
20		the person the appropriate telephone number of the election
21		authority in order to locate the polling place assigned to
22		serve that address, and instruct the person to go to the
23		proper polling place to vote.
24		(2) The person shall execute a written form provided by
25		the election judge that shall state or contain all of the
26		following that is available:

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1		(i) an affidavit stating the following:
2		State of Illinois, County of ................,
3		Township ............., Precinct ........, Ward
4		........, I, ......................., do solemnly
5		swear (or affirm) that: I am a citizen of the
6		United States; I am 18 years of age or older; I
7		have resided in this State and in this precinct for
8		30 days preceding this election; I have not voted
9		in this election; I am a duly registered voter in
10		every respect; and I am eligible to vote in this
11		election. Signature ...... Printed Name of Voter
12		....... Printed Residence Address of Voter ......
13		City ...... State .... Zip Code ..... Telephone
14		Number ...... Date of Birth ....... and Illinois
15		Driver's License Number ....... or Last 4 digits of
16		Social Security Number ...... or State
17		Identification Card Number issued to you by the
18		Illinois Secretary of State ........
19		(ii) A box for the election judge to check one of
20		the 6 reasons why the person was given a provisional
21		ballot under subsection (a) of this Section 18A-5.
22		(iii) An area for the election judge to affix his
23		or her signature and to set forth any facts that
24		support or oppose the allegation that the person is not
25		qualified to vote in the precinct in which the person
26		is seeking to vote.

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1		The written affidavit form described in this
2		subsection (b)(2) must be printed on a multi-part form
3		prescribed by the county clerk or board of election
4		commissioners, as the case may be.
5		(3) After the person executes the portion of the
6		written affidavit described in subsection (b)(2)(i) of
7		this Section, the election judge shall complete the portion
8		of the written affidavit described in subsection
9		(b)(2)(iii) and (b)(2)(iv).
10		(4) The election judge shall give a copy of the
11		completed written affidavit to the person. The election
12		judge shall place the original written affidavit in a
13		self-adhesive clear plastic packing list envelope that
14		must be attached to a separate envelope marked as a
15		"provisional ballot envelope". The election judge shall
16		also place any information provided by the person who casts
17		a provisional ballot in the clear plastic packing list
18		envelope. Each county clerk or board of election
19		commissioners, as the case may be, must design, obtain or
20		procure self-adhesive clear plastic packing list envelopes
21		and provisional ballot envelopes that are suitable for
22		implementing this subsection (b)(4) of this Section.
23		(5) The election judge shall provide the person with a
24		provisional ballot, written instructions for casting a
25		provisional ballot, and the provisional ballot envelope
26		with the clear plastic packing list envelope affixed to it,

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1		which contains the person's original written affidavit
2		and, if any, information provided by the provisional voter
3		to support his or her claim that he or she is a duly
4		registered voter. An election judge must also give the
5		person written information that states that any person who
6		casts a provisional ballot shall be able to ascertain,
7		pursuant to guidelines established by the State Board of
8		Elections, whether the provisional vote was counted in the
9		official canvass of votes for that election and, if the
10		provisional vote was not counted, the reason that the vote
11		was not counted.
12		(6) After the person has completed marking his or her
13		provisional ballot, he or she shall place the marked ballot
14		inside of the provisional ballot envelope, close and seal
15		the envelope, and return the envelope to an election judge,
16		who shall then deposit the sealed provisional ballot
17		envelope into a securable container separately identified
18		and utilized for containing sealed provisional ballot
19		envelopes. Ballots that are provisional because they are
20		cast after 7:00 p.m. by court order shall be kept separate
21		from other provisional ballots. Upon the closing of the
22		polls, the securable container shall be sealed with
23		filament tape provided for that purpose, which shall be
24		wrapped around the box lengthwise and crosswise, at least
25		twice each way, and each of the election judges shall sign
26		the seal.

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1		(c) Instead of the affidavit form described in subsection
2		(b), the county clerk or board of election commissioners, as
3		the case may be, may design and use a multi-part affidavit form
4		that is imprinted upon or attached to the provisional ballot
5		envelope described in subsection (b). If a county clerk or
6		board of election commissioners elects to design and use its
7		own multi-part affidavit form, then the county clerk or board
8		of election commissioners shall establish a mechanism for
9		accepting any information the provisional voter has supplied to
10		the election judge to support his or her claim that he or she
11		is a duly registered voter. In all other respects, a county
12		clerk or board of election commissioners shall establish
13		procedures consistent with subsection (b).
14		(d) The county clerk or board of election commissioners, as
15		the case may be, shall use the completed affidavit form
16		described in subsection (b) to update the person's voter
17		registration information in the State voter registration
18		database and voter registration database of the county clerk or
19		board of election commissioners, as the case may be. If a
20		person is later determined not to be a registered voter based
21		on Section 18A-15 of this Code, then the affidavit shall be
22		processed by the county clerk or board of election
23		commissioners, as the case may be, as a voter registration
24		application.
25		(Source: P.A. 97-766, eff. 7-6-12; 98-691, eff. 7-1-14;
26		98-1171, eff. 6-1-15; revised 9-2-16.)

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1		(10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
2		Sec. 20-5. The election authority shall fold the ballot or
3		ballots in the manner specified by the statute for folding
4		ballots prior to their deposit in the ballot box and shall
5		enclose such ballot in an envelope unsealed to be furnished by
6		it, which envelope shall bear upon the face thereof the name,
7		official title and post office address of the election
8		authority, and upon the other side of such envelope there shall
9		be printed a certification in substantially the following form:
10		"CERTIFICATION
11		I state that I am a resident/former resident of the .......
12		precinct of the city/village/township of ............,
13		(Designation to be made by Election Authority) or of the ....
14		ward in the city of ........... (Designation to be made by
15		Election Authority) residing at ................ in said
16		city/village/township in the county of ........... and State of
17		Illinois; that I am a
18		1. ( ) member of the United States Service
19		2. ( ) citizen of the United States temporarily residing
20		outside the territorial limits of the United States
21		3. ( ) nonresident civilian citizen
22		and desire to cast the enclosed ballot pursuant to Article 20
23		of the The Election Code; that I am lawfully entitled to vote
24		in such precinct at the ........... election to be held on
25		............

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1		I further state that I marked the enclosed ballot in
2		secret.
3		Under penalties as provided by law pursuant to Article 29
4		of the The Election Code, the undersigned certifies that the
5		statements set forth in this certification are true and
6		correct.
7		...............(Name)
8		.....................
9		(Service Address) "
10		.....................
11		.....................
12		..................... "
13		If the ballot enclosed is to be voted at a primary
14		election, the certification shall designate the name of the
15		political party with which the voter is affiliated.
16		In addition to the above, the election authority shall
17		provide printed slips giving full instructions regarding the
18		manner of completing the forms and affidavits for registration
19		by mail or the manner of marking and returning the ballot in
20		order that the same may be counted, and shall furnish one of
21		the printed slips to each of the applicants at the same time
22		the registration materials or ballot is delivered to him.
23		In addition to the above, if a ballot to be provided to an
24		elector pursuant to this Section contains a public question
25		described in subsection (b) of Section 28-6 and the territory
26		concerning which the question is to be submitted is not

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1		described on the ballot due to the space limitations of such
2		ballot, the election authority shall provide a printed copy of
3		a notice of the public question, which shall include a
4		description of the territory in the manner required by Section
5		16-7. The notice shall be furnished to the elector at the same
6		time the ballot is delivered to the elector.
7		The envelope in which such registration or such ballot is
8		mailed to the voter as well as the envelope in which the
9		registration materials or the ballot is returned by the voter
10		shall have printed across the face thereof two parallel
11		horizontal red bars, each one-quarter inch wide, extending from
12		one side of the envelope to the other side, with an intervening
13		space of one-quarter inch, the top bar to be one and
14		one-quarter inches from the top of the envelope, and with the
15		words "Official Election Balloting Material-VIA AIR MAIL"
16		between the bars. In the upper right corner of such envelope in
17		a box, there shall be printed the words: "U.S. Postage Paid 42
18		USC 1973". All printing on the face of such envelopes shall be
19		in red, including an appropriate inscription or blank in the
20		upper left corner of return address of sender.
21		The envelope in which the ballot is returned to the
22		election authority may be delivered (i) by mail, postage paid,
23		(ii) in person, by the spouse, parent, child, brother, or
24		sister of the voter, or (iii) by a company engaged in the
25		business of making deliveries of property and licensed as a
26		motor carrier of property by the Illinois Commerce Commission

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1		under the Illinois Commercial Transportation Law.
2		Election authorities transmitting ballots by facsimile or
3		electronic transmission shall, to the extent possible, provide
4		those applicants with the same instructions, certification,
5		and other materials required when sending by mail.
6		(Source: P.A. 98-1171, eff. 6-1-15; revised 10-25-16.)
7		(10 ILCS 5/20-13) (from Ch. 46, par. 20-13)
8		Sec. 20-13. If otherwise qualified to vote, any person not
9		covered by Section Sections 20-2, 20-2.1, or 20-2.2 of this
10		Article who is not registered to vote and who is temporarily
11		absent from his county of residence, may make special
12		application to the election authority having jurisdiction over
13		his precinct of permanent residence, not less than 5 days
14		before a presidential election, for a vote by mail ballot to
15		vote for the president and vice-president only. Such
16		application shall be furnished by the election authority and
17		shall be in substantially the following form:
18		SPECIAL VOTE BY MAIL BALLOT APPLICATION (For use by
19		non-registered Illinois residents temporarily absent from the
20		county to vote for the president and vice-president only)
21		AFFIDAVIT
22		1. I hereby request a vote by mail ballot to vote for the
23		president and vice-president only ......... (insert date of
24		general election)
25		2. I am a citizen of the United States and a permanent

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1		resident of Illinois.
2		3. I have maintained, and still maintain, a permanent abode
3		in Illinois for the past .......... years at: ..........
4		(House) .......... (Number) .......... (Street) ..........
5		(City) .......... (Village) .......... (Town)
6		4. I will not be able to regularly register in person as a
7		voter because .................... (Give reason for temporary
8		absence such as "Student", "Temporary job transfer", etc.)
9		5. I was born .......... (Month) .......... (Day)
10		.......... (Year) in .................... (State or County);
11		6. To be filled in only by a person who is foreign-born (If
12		answer is "yes" in either a. or b. below, fill in appropriate
13		information in c.):
14		a. One or both of my parents were United States citizens at
15		the time of my birth?
16		( ) YES ( ) NO )
17		b. My United States citizenship was derived through an act
18		of the Congress of the United States?
19		( ) YES ( ) NO
20		c. The name of the court issuing papers and the date
21		thereof upon which my United States citizenship was derived is
22		.................... located in .......... (City) ..........
23		(State) on .......... (Month) .......... (Day) ..........
24		(Year)
25		(For persons who derived citizenship through papers issued
26		through a parent or spouse, fill in the following)

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1		(1) My parents or spouse's name is:
2		......... (First) .......... (Middle) .......... (Last)
3		(2) ........ (Month) .......... (Day) .......... (Year)
4		is the date of my marriage or my age at which time I
5		derived my citizenship.
6		7. I am not registered as a voter in any other county in
7		the State of Illinois or in any other State.
8		8. I am not requesting a ballot from any other place and am
9		not voting in any other manner in this election and I have not
10		voted and do not intend to vote in this election at any other
11		address. I request that you mail my ballot to the following
12		address:
13		(Print name and complete mailing address)
14		.........................................
15		.........................................
16		.........................................
17		9. Under penalties as provided by law pursuant to Article
18		29 of The Election Code, the undersigned certifies that the
19		statements set forth in this application are true and correct.
20		......................
21		Signature of Applicant
22		The procedures set forth in Sections 20-4 through 20-12 of
23		this Article, insofar as they may be made applicable, shall be
24		applicable to vote by mail voting under this Section.
25		(Source: P.A. 98-1171, eff. 6-1-15; revised 9-6-16.)

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1		(10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
2		Sec. 24A-15.1. Except as herein provided, discovery
3		recounts and election contests shall be conducted as otherwise
4		provided for in this "The Election Code", as amended. The
5		automatic tabulating equipment shall be tested prior to the
6		discovery recount or election contest as provided in Section
7		24A-9, and then the official ballots or ballot cards shall be
8		recounted on the automatic tabulating equipment. In addition,
9		(1) the ballot or ballot cards shall be checked for the
10		presence or absence of judges' initials and other
11		distinguishing marks, and (2) the ballots marked "Rejected",
12		"Defective", "Objected to", "Vote by Mail Ballot", and "Early
13		Ballot" shall be examined to determine the propriety of the
14		labels, and (3) the "Duplicate Vote by Mail Ballots",
15		"Duplicate Early Ballots", "Duplicate Overvoted Ballots", and
16		"Duplicate Damaged Ballots" shall be compared with their
17		respective originals to determine the correctness of the
18		duplicates.
19		Any person who has filed a petition for discovery recount
20		may request that a redundant count be conducted in those
21		precincts in which the discovery recount is being conducted.
22		The additional costs of such a redundant count shall be borne
23		by the requesting party.
24		The log of the computer operator and all materials retained
25		by the election authority in relation to vote tabulation and
26		canvass shall be made available for any discovery recount or

HB3855 Engrossed - 71 - LRB100 05985 AMC 16014 b
1		election contest.
2		(Source: P.A. 98-756, eff. 7-16-14; 98-1171, eff. 6-1-15;
3		revised 9-2-16.)
4		Section 75. The State Budget Law of the Civil
5		Administrative Code of Illinois is amended by changing Section
6		50-15 as follows:
7		(15 ILCS 20/50-15) (was 15 ILCS 20/38.2)
8		Sec. 50-15. Department accountability reports.
9		(a) Beginning in the fiscal year which begins July 1, 1992,
10		each department of State government as listed in Section 5-15
11		of the Departments of State Government Law (20 ILCS 5/5-15)
12		shall submit an annual accountability report to the Bureau of
13		the Budget (now Governor's Office of Management and Budget) at
14		times designated by the Director of the Bureau of the Budget
15		(now Governor's Office of Management and Budget). Each
16		accountability report shall be designed to assist the Bureau
17		(now Office) in its duties under Sections 2.2 and 2.3 of the
18		Governor's Office of Management and Budget Act and shall
19		measure the department's performance based on criteria, goals,
20		and objectives established by the department with the oversight
21		and assistance of the Bureau (now Office). Each department
22		shall also submit interim progress reports at times designated
23		by the Director of the Bureau (now Office).
24		(b) (Blank).

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1		(c) The Director of the Bureau (now Office) shall select
2		not more than 3 departments for a pilot program implementing
3		the procedures of subsection (a) for budget requests for the
4		fiscal years beginning July 1, 1990 and July 1, 1991, and each
5		of the departments elected shall submit accountability reports
6		for those fiscal years.
7		By April 1, 1991, the Bureau (now Office) shall recommend
8		in writing to the Governor any changes in the budget review
9		process established pursuant to this Section suggested by its
10		evaluation of the pilot program. The Governor shall submit
11		changes to the budget review process that the Governor plans to
12		adopt, based on the report, to the President and Minority
13		Leader of the Senate and the Speaker and Minority Leader of the
14		House of Representatives.
15		(Source: P.A. 94-793, eff. 5-19-06; revised 9-19-16.)
16		Section 80. The Secretary of State Act is amended by
17		changing Section 6 as follows:
18		(15 ILCS 305/6) (from Ch. 124, par. 6)
19		Sec. 6. The Secretary of State shall keep a current file,
20		in alphabetical order, of every sanitary district in the State.
21		Whenever an ordinance for a name change is passed pursuant to
22		Section 4.1 of the "Sanitary District Act of 1917, as now or
23		hereafter amended, he shall make the certification required by
24		that Section.

HB3855 Engrossed - 73 - LRB100 05985 AMC 16014 b
1		(Source: P.A. 80-424; revised 9-19-16.)
2		Section 85. The Illinois Identification Card Act is amended
3		by changing Sections 1A, 5, and 12 as follows:
4		(15 ILCS 335/1A)
5		Sec. 1A. Definitions. As used in this Act:
6		"Highly restricted personal information" means an
7		individual's photograph, signature, social security number,
8		and medical or disability information.
9		"Identification card making implement" means any material,
10		hardware, or software that is specifically designed for or
11		primarily used in the manufacture, assembly, issuance, or
12		authentication of an official identification card issued by the
13		Secretary of State.
14		"Fraudulent identification card" means any identification
15		card that purports to be an official identification card for
16		which a computerized number and file have not been created by
17		the Secretary of State, the United States Government or any
18		state or political subdivision thereof, or any governmental or
19		quasi-governmental organization. For the purpose of this Act,
20		any identification card that resembles an official
21		identification card in either size, color, photograph
22		location, or design or uses the word "official", "state",
23		"Illinois", or the name of any other state or political
24		subdivision thereof, or any governmental or quasi-governmental

HB3855 Engrossed - 74 - LRB100 05985 AMC 16014 b
1		organization individually or in any combination thereof to
2		describe or modify the term "identification card" or "I.D.
3		card" anywhere on the card, or uses a shape in the likeness of
4		Illinois or any other state on the photograph side of the card,
5		is deemed to be a fraudulent identification card unless the
6		words "This is not an official Identification Card", appear
7		prominently upon it in black colored lettering in 12-point 12
8		point type on the photograph side of the card, and no such card
9		shall be smaller in size than 3 inches by 4 inches, and the
10		photograph shall be on the left side of the card only.
11		"Legal name" means the full given name and surname of an
12		individual as recorded at birth, recorded at marriage, or
13		deemed as the correct legal name for use in reporting income by
14		the Social Security Administration or the name as otherwise
15		established through legal action that appears on the associated
16		official document presented to the Secretary of State.
17		"Personally identifying information" means information
18		that identifies an individual, including his or her
19		identification card number, name, address (but not the 5-digit
20		zip code), and telephone number.
21		"Homeless person" or "homeless individual" has the same
22		meaning as defined by the federal McKinney-Vento Homeless
23		Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).
24		"Youth for whom the Department of Children and Family
25		Services is legally responsible for" or "foster "Foster child"
26		means a child or youth whose guardianship or custody has been

HB3855 Engrossed - 75 - LRB100 05985 AMC 16014 b
1		accepted by the Department of Children and Family Services
2		pursuant to the Juvenile Court Act of 1987, the Children and
3		Family Services Act, the Abused and Neglected Child Reporting
4		Act, and the Adoption Act. This applies to children for whom
5		the Department of Children and Family Services has temporary
6		protective custody, custody or guardianship via court order, or
7		children whose parents have signed an adoptive surrender or
8		voluntary placement agreement with the Department.
9		(Source: P.A. 99-659, eff. 7-28-16; revised 10-3-16.)
10		(15 ILCS 335/5) (from Ch. 124, par. 25)
11		Sec. 5. Applications.
12		(a) Any natural person who is a resident of the State of
13		Illinois may file an application for an identification card, or
14		for the renewal thereof, in a manner prescribed by the
15		Secretary. Each original application shall be completed by the
16		applicant in full and shall set forth the legal name, residence
17		address and zip code, social security number, birth date, sex
18		and a brief description of the applicant. The applicant shall
19		be photographed, unless the Secretary of State has provided by
20		rule for the issuance of identification cards without
21		photographs and the applicant is deemed eligible for an
22		identification card without a photograph under the terms and
23		conditions imposed by the Secretary of State, and he or she
24		shall also submit any other information as the Secretary may
25		deem necessary or such documentation as the Secretary may

HB3855 Engrossed - 76 - LRB100 05985 AMC 16014 b
1		require to determine the identity of the applicant. In addition
2		to the residence address, the Secretary may allow the applicant
3		to provide a mailing address. If the applicant is a judicial
4		officer as defined in Section 1-10 of the Judicial Privacy Act
5		or a peace officer, the applicant may elect to have his or her
6		office or work address in lieu of the applicant's residence or
7		mailing address. An applicant for an Illinois Person with a
8		Disability Identification Card must also submit with each
9		original or renewal application, on forms prescribed by the
10		Secretary, such documentation as the Secretary may require,
11		establishing that the applicant is a "person with a disability"
12		as defined in Section 4A of this Act, and setting forth the
13		applicant's type and class of disability as set forth in
14		Section 4A of this Act. For the purposes of this subsection
15		(a), "peace officer" means any person who by virtue of his or
16		her office or public employment is vested by law with a duty to
17		maintain public order or to make arrests for a violation of any
18		penal statute of this State, whether that duty extends to all
19		violations or is limited to specific violations.
20		(b) Beginning on or before July 1, 2015, for each original
21		or renewal identification card application under this Act, the
22		Secretary shall inquire as to whether the applicant is a
23		veteran for purposes of issuing an identification card with a
24		veteran designation under subsection (c-5) of Section 4 of this
25		Act. The acceptable forms of proof shall include, but are not
26		limited to, Department of Defense form DD-214. The Illinois

HB3855 Engrossed - 77 - LRB100 05985 AMC 16014 b
1		Department of Veterans' Affairs shall advise the Secretary as
2		to what other forms of proof of a person's status as a veteran
3		are acceptable.
4		The Illinois Department of Veterans' Affairs shall confirm
5		the status of the applicant as an honorably discharged veteran
6		before the Secretary may issue the identification card.
7		For purposes of this subsection (b):
8		"Armed forces" means any of the Armed Forces of the United
9		States, including a member of any reserve component or National
10		Guard unit.
11		"Veteran" means a person who has served in the armed forces
12		and was discharged or separated under honorable conditions.
13		(c) Beginning July 1, 2017, all applicants for standard
14		Illinois Identification Cards and Illinois Person with a
15		Disability Identification Cards shall provide proof of lawful
16		status in the United States as defined in 6 CFR 37.3, as
17		amended. Applicants who are unable to provide the Secretary
18		with proof of lawful status are ineligible for identification
19		cards under this Act.
20		(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
21		99-511, eff. 1-1-17; 99-544, eff. 7-15-16; revised 9-21-16.)
22		(15 ILCS 335/12) (from Ch. 124, par. 32)
23		(Text of Section before amendment by P.A. 99-907)
24		Sec. 12. Fees concerning standard Standard Illinois
25		Identification Cards. The fees required under this Act for

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1		standard Illinois Identification Cards must accompany any
2		application provided for in this Act, and the Secretary shall
3		collect such fees as follows:
4 a. Original card............................... $20 5 b. Renewal card................................ 20 6 c. Corrected card.............................. 10 7 d. Duplicate card.............................. 20 8 e. Certified copy with seal ................... 5 9 f. Search ..................................... 2 10 g. Applicant 65 years of age or over .......... No Fee 11 h. (Blank) .................................... 12 i. Individual living in Veterans 13 Home or Hospital ........................... No Fee 14 j. Original card under 18 years of age.......... $10 15 k. Renewal card under 18 years of age........... $10 16 l. Corrected card under 18 years of age......... $5 17 m. Duplicate card under 18 years of age......... $10 18 n. Homeless person.............................. No Fee 19 o. Duplicate card issued to an active-duty 20 member of the United States Armed Forces, the 21 member's spouse, or dependent children 22 living with the member...................... No Fee 23 p. Duplicate temporary card..................... $5 24 q. p. First card issued to a youth 25 for whom the Department of Children 26 and Family Services is legally responsible

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1 for or a foster child upon turning the age of 2 16 years old until he or she reaches 3 they reach the age of 21 years old.......... No Fee
4		All fees collected under this Act shall be paid into the
5		Road Fund of the State treasury, except that the following
6		amounts shall be paid into the General Revenue Fund: (i) 80% of
7		the fee for an original, renewal, or duplicate Illinois
8		Identification Card issued on or after January 1, 2005; and
9		(ii) 80% of the fee for a corrected Illinois Identification
10		Card issued on or after January 1, 2005.
11		An individual, who resides in a veterans home or veterans
12		hospital operated by the State state or federal government, who
13		makes an application for an Illinois Identification Card to be
14		issued at no fee, must submit, along with the application, an
15		affirmation by the applicant on a form provided by the
16		Secretary of State, that such person resides in a veterans home
17		or veterans hospital operated by the State state or federal
18		government.
19		The application of a homeless individual for an Illinois
20		Identification Card to be issued at no fee must be accompanied
21		by an affirmation by a qualified person, as defined in Section
22		4C of this Act, on a form provided by the Secretary of State,
23		that the applicant is currently homeless as defined in Section
24		1A of this Act.
25		For the application for the first Illinois Identification
26		Card of a youth for whom the Department of Children and Family

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1		Services is legally responsible for or a foster child to be
2		issued at no fee, the youth must submit, along with the
3		application, an affirmation by his or her court appointed
4		attorney or an employee of the Department of Children and
5		Family Services on a form provided by the Secretary of State,
6		that the person is a youth for whom the Department of Children
7		and Family Services is legally responsible for or a foster
8		child.
9		The fee for any duplicate identification card shall be
10		waived for any person who presents the Secretary of State's
11		Office with a police report showing that his or her
12		identification card was stolen.
13		The fee for any duplicate identification card shall be
14		waived for any person age 60 or older whose identification card
15		has been lost or stolen.
16		As used in this Section, "active-duty member of the United
17		States Armed Forces" means a member of the Armed Services or
18		Reserve Forces of the United States or a member of the Illinois
19		National Guard who is called to active duty pursuant to an
20		executive order of the President of the United States, an act
21		of the Congress of the United States, or an order of the
22		Governor.
23		(Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-16;
24		revised 9-21-16.)
25		(Text of Section after amendment by P.A. 99-907)

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1		Sec. 12. Fees concerning standard Standard Illinois
2		Identification Cards. The fees required under this Act for
3		standard Illinois Identification Cards must accompany any
4		application provided for in this Act, and the Secretary shall
5		collect such fees as follows:
6 a. Original card............................... $20 7 b. Renewal card................................ 20 8 c. Corrected card.............................. 10 9 d. Duplicate card.............................. 20 10 e. Certified copy with seal ................... 5 11 f. Search ..................................... 2 12 g. Applicant 65 years of age or over .......... No Fee 13 h. (Blank) .................................... 14 i. Individual living in Veterans 15 Home or Hospital ........................... No Fee 16 j. Original card under 18 years of age.......... $10 17 k. Renewal card under 18 years of age........... $10 18 l. Corrected card under 18 years of age......... $5 19 m. Duplicate card under 18 years of age......... $10 20 n. Homeless person.............................. No Fee 21 o. Duplicate card issued to an active-duty 22 member of the United States Armed Forces, the 23 member's spouse, or dependent children 24 living with the member...................... No Fee 25 p. Duplicate temporary card..................... $5 26 q. p. First card issued to a youth

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1 for whom the Department of Children 2 and Family Services is legally responsible 3 for or a foster child upon turning the age of 4 16 years old until he or she reaches 5 they reach the age of 21 years old.......... No Fee 6 r. p. Original card issued to a committed 7 person upon release on parole, 8 mandatory supervised release, 9 aftercare release, final 10 discharge, or pardon from the 11 Department of Corrections or 12 Department of Juvenile Justice.............. No Fee 13 s. q. Limited-term Illinois Identification 14 Card issued to a committed person 15 upon release on parole, mandatory 16 supervised release, aftercare 17 release, final discharge, or pardon 18 from the Department of 19 Corrections or Department of 20 Juvenile Justice............................ No Fee
21		All fees collected under this Act shall be paid into the
22		Road Fund of the State treasury, except that the following
23		amounts shall be paid into the General Revenue Fund: (i) 80% of
24		the fee for an original, renewal, or duplicate Illinois
25		Identification Card issued on or after January 1, 2005; and
26		(ii) 80% of the fee for a corrected Illinois Identification

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1		Card issued on or after January 1, 2005.
2		An individual, who resides in a veterans home or veterans
3		hospital operated by the State state or federal government, who
4		makes an application for an Illinois Identification Card to be
5		issued at no fee, must submit, along with the application, an
6		affirmation by the applicant on a form provided by the
7		Secretary of State, that such person resides in a veterans home
8		or veterans hospital operated by the State state or federal
9		government.
10		The application of a homeless individual for an Illinois
11		Identification Card to be issued at no fee must be accompanied
12		by an affirmation by a qualified person, as defined in Section
13		4C of this Act, on a form provided by the Secretary of State,
14		that the applicant is currently homeless as defined in Section
15		1A of this Act.
16		For the application for the first Illinois Identification
17		Card of a youth for whom the Department of Children and Family
18		Services is legally responsible for or a foster child to be
19		issued at no fee, the youth must submit, along with the
20		application, an affirmation by his or her court appointed
21		attorney or an employee of the Department of Children and
22		Family Services on a form provided by the Secretary of State,
23		that the person is a youth for whom the Department of Children
24		and Family Services is legally responsible for or a foster
25		child.
26		The fee for any duplicate identification card shall be

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1		waived for any person who presents the Secretary of State's
2		Office with a police report showing that his or her
3		identification card was stolen.
4		The fee for any duplicate identification card shall be
5		waived for any person age 60 or older whose identification card
6		has been lost or stolen.
7		As used in this Section, "active-duty member of the United
8		States Armed Forces" means a member of the Armed Services or
9		Reserve Forces of the United States or a member of the Illinois
10		National Guard who is called to active duty pursuant to an
11		executive order of the President of the United States, an act
12		of the Congress of the United States, or an order of the
13		Governor.
14		(Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-16;
15		99-907, eff. 7-1-17; revised 1-3-17.)
16		Section 90. The State Comptroller Act is amended by
17		changing Section 22 as follows:
18		(15 ILCS 405/22) (from Ch. 15, par. 222)
19		Sec. 22. Transition; Auditor Transition-Auditor of Public
20		Accounts to comptroller.
21		(a) Except as otherwise specifically provided by law, the
22		comptroller shall succeed to all rights, powers, duties and
23		liabilities of the Auditor of Public Accounts in effect on
24		January 7, 1973. Warrants outstanding on the effective date of

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1		this Act shall be governed by the law in effect on January 7,
2		1973, except for such provisions of this Act as may be made
3		applicable to such warrants by regulation adopted by the
4		comptroller with the approval of the State Treasurer. All
5		books, records, equipment, property, and personnel held by, in
6		the custody of or employed by the Auditor of Public Accounts on
7		that date shall be transferred to the comptroller on the
8		effective date of this Act. This transfer of personnel from the
9		office of Auditor of Public Accounts to the office of the
10		comptroller shall in no way affect the status of such personnel
11		under the "Personnel Code" or the State Employees Retirement
12		System or as respects any employment benefits to which they
13		were entitled on the day immediately preceding the transfer.
14		(b) In order to achieve a smooth and orderly transition
15		from the system of accounts and reports maintained or provided
16		by or for the Auditor of Public Accounts to the new uniform
17		accounting system and the expanded reporting and
18		accountability for public funds required by this Act, and the
19		warrant and payroll procedures required by this Act which may
20		be different from those provided by the law in effect on
21		January 7, 1973, the comptroller may, by interim regulations,
22		provide for the gradual changeover to the new systems, forms
23		and procedures. The complete implementation of the new uniform
24		accounting system and of the forms and procedures for reporting
25		and documentation by all State agencies and the handling of
26		warrants and payroll, as provided by this Act, must be

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1		finalized and in effect no later than July 1, 1974.
2		(c) The Warrant Escheat Fund, a special fund of which the
3		State Treasurer is ex officio ex-officio custodian, as
4		heretofore established by law is retained.
5		(Source: P.A. 77-2807; revised 9-19-16.)
6		Section 95. The Department of Agriculture Law of the Civil
7		Administrative Code of Illinois is amended by changing Section
8		205-15 as follows:
9		(20 ILCS 205/205-15) (was 20 ILCS 205/40.7 and 205/40.8)
10		Sec. 205-15. Promotional activities.
11		(a) The Department has the power to encourage and promote,
12		in every practicable manner, the interests of agriculture,
13		including horticulture, the livestock industry, dairying,
14		cheese making, poultry, bee keeping, forestry, the production
15		of wool, and all other allied industries. In furtherance of the
16		duties set forth in this Section, the Department may establish
17		trust funds and bank accounts in adequately protected financial
18		institutions to receive and disburse monies in connection with
19		the conduct of food shows, food expositions, trade shows, and
20		other promotional activities and to sell at cost, to qualified
21		applicants, signs designating farms that have been owned for
22		100 years or more, 150 years or more, or 200 years or more by
23		lineal or collateral descendants of the same family as
24		"Centennial Farms", "Sesquicentennial Farms", or "Bicentennial

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1		Farms" respectively. The Department shall provide applications
2		for the signs, which shall be submitted with the required fee.
3		"Centennial Farms", "Sesquicentennial Farms", and
4		"Bicentennial Farms" signs shall not contain within their
5		design the name, picture, or other likeness of any elected
6		public official or any appointed public official.
7		(b) The Department has the power to promote improved
8		methods of conducting the several industries described in
9		subsection (a) with a view to increasing the production and
10		facilitating the distribution thereof at the least cost.
11		(c) The Department may sell at cost, to qualified
12		applicants, signs designating an agribusiness that has been
13		operated for 100 years or more or more than 150 years or more
14		as the same agribusiness. As used in this subsection (c),
15		"agribusiness" means a business or businesses under the same
16		name or ownership that are collectively associated with the
17		production, processing, and distribution of agricultural
18		products. The Department shall provide applications for the
19		signs, which shall be submitted with the required fee.
20		(Source: P.A. 99-823, eff. 1-1-17; 99-824, eff. 8-16-16;
21		revised 10-11-16.)
22		Section 100. The Alcoholism and Other Drug Abuse and
23		Dependency Act is amended by changing Sections 5-23 and 10-15
24		as follows:

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1		(20 ILCS 301/5-23)
2		Sec. 5-23. Drug Overdose Prevention Program.
3		(a) Reports of drug overdose.
4		(1) The Director of the Division of Alcoholism and
5		Substance Abuse shall publish annually a report on drug
6		overdose trends statewide that reviews State death rates
7		from available data to ascertain changes in the causes or
8		rates of fatal and nonfatal drug overdose. The report shall
9		also provide information on interventions that would be
10		effective in reducing the rate of fatal or nonfatal drug
11		overdose and shall include an analysis of drug overdose
12		information reported to the Department of Public Health
13		pursuant to subsection (e) of Section 3-3013 of the
14		Counties Code, Section 6.14g of the Hospital Licensing Act,
15		and subsection (j) of Section 22-30 of the School Code.
16		(2) The report may include:
17		(A) Trends in drug overdose death rates.
18		(B) Trends in emergency room utilization related
19		to drug overdose and the cost impact of emergency room
20		utilization.
21		(C) Trends in utilization of pre-hospital and
22		emergency services and the cost impact of emergency
23		services utilization.
24		(D) Suggested improvements in data collection.
25		(E) A description of other interventions effective
26		in reducing the rate of fatal or nonfatal drug

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1		overdose.
2		(F) A description of efforts undertaken to educate
3		the public about unused medication and about how to
4		properly dispose of unused medication, including the
5		number of registered collection receptacles in this
6		State, mail-back programs, and drug take-back events.
7		(b) Programs; drug overdose prevention.
8		(1) The Director may establish a program to provide for
9		the production and publication, in electronic and other
10		formats, of drug overdose prevention, recognition, and
11		response literature. The Director may develop and
12		disseminate curricula for use by professionals,
13		organizations, individuals, or committees interested in
14		the prevention of fatal and nonfatal drug overdose,
15		including, but not limited to, drug users, jail and prison
16		personnel, jail and prison inmates, drug treatment
17		professionals, emergency medical personnel, hospital
18		staff, families and associates of drug users, peace
19		officers, firefighters, public safety officers, needle
20		exchange program staff, and other persons. In addition to
21		information regarding drug overdose prevention,
22		recognition, and response, literature produced by the
23		Department shall stress that drug use remains illegal and
24		highly dangerous and that complete abstinence from illegal
25		drug use is the healthiest choice. The literature shall
26		provide information and resources for substance abuse

HB3855 Engrossed - 90 - LRB100 05985 AMC 16014 b
1		treatment.
2		The Director may establish or authorize programs for
3		prescribing, dispensing, or distributing opioid
4		antagonists for the treatment of drug overdose. Such
5		programs may include the prescribing of opioid antagonists
6		for the treatment of drug overdose to a person who is not
7		at risk of opioid overdose but who, in the judgment of the
8		health care professional, may be in a position to assist
9		another individual during an opioid-related drug overdose
10		and who has received basic instruction on how to administer
11		an opioid antagonist.
12		(2) The Director may provide advice to State and local
13		officials on the growing drug overdose crisis, including
14		the prevalence of drug overdose incidents, programs
15		promoting the disposal of unused prescription drugs,
16		trends in drug overdose incidents, and solutions to the
17		drug overdose crisis.
18		(c) Grants.
19		(1) The Director may award grants, in accordance with
20		this subsection, to create or support local drug overdose
21		prevention, recognition, and response projects. Local
22		health departments, correctional institutions, hospitals,
23		universities, community-based organizations, and
24		faith-based organizations may apply to the Department for a
25		grant under this subsection at the time and in the manner
26		the Director prescribes.

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1		(2) In awarding grants, the Director shall consider the
2		necessity for overdose prevention projects in various
3		settings and shall encourage all grant applicants to
4		develop interventions that will be effective and viable in
5		their local areas.
6		(3) The Director shall give preference for grants to
7		proposals that, in addition to providing life-saving
8		interventions and responses, provide information to drug
9		users on how to access drug treatment or other strategies
10		for abstaining from illegal drugs. The Director shall give
11		preference to proposals that include one or more of the
12		following elements:
13		(A) Policies and projects to encourage persons,
14		including drug users, to call 911 when they witness a
15		potentially fatal drug overdose.
16		(B) Drug overdose prevention, recognition, and
17		response education projects in drug treatment centers,
18		outreach programs, and other organizations that work
19		with, or have access to, drug users and their families
20		and communities.
21		(C) Drug overdose recognition and response
22		training, including rescue breathing, in drug
23		treatment centers and for other organizations that
24		work with, or have access to, drug users and their
25		families and communities.
26		(D) The production and distribution of targeted or

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1		mass media materials on drug overdose prevention and
2		response, the potential dangers of keeping unused
3		prescription drugs in the home, and methods to properly
4		dispose of unused prescription drugs.
5		(E) Prescription and distribution of opioid
6		antagonists.
7		(F) The institution of education and training
8		projects on drug overdose response and treatment for
9		emergency services and law enforcement personnel.
10		(G) A system of parent, family, and survivor
11		education and mutual support groups.
12		(4) In addition to moneys appropriated by the General
13		Assembly, the Director may seek grants from private
14		foundations, the federal government, and other sources to
15		fund the grants under this Section and to fund an
16		evaluation of the programs supported by the grants.
17		(d) Health care professional prescription of opioid
18		antagonists.
19		(1) A health care professional who, acting in good
20		faith, directly or by standing order, prescribes or
21		dispenses an opioid antagonist to: (a) a patient who, in
22		the judgment of the health care professional, is capable of
23		administering the drug in an emergency, or (b) a person who
24		is not at risk of opioid overdose but who, in the judgment
25		of the health care professional, may be in a position to
26		assist another individual during an opioid-related drug

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1		overdose and who has received basic instruction on how to
2		administer an opioid antagonist shall not, as a result of
3		his or her acts or omissions, be subject to: (i) any
4		disciplinary or other adverse action under the Medical
5		Practice Act of 1987, the Physician Assistant Practice Act
6		of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
7		or any other professional licensing statute or (ii) any
8		criminal liability, except for willful and wanton
9		misconduct.
10		(2) A person who is not otherwise licensed to
11		administer an opioid antagonist may in an emergency
12		administer without fee an opioid antagonist if the person
13		has received the patient information specified in
14		paragraph (4) of this subsection and believes in good faith
15		that another person is experiencing a drug overdose. The
16		person shall not, as a result of his or her acts or
17		omissions, be (i) liable for any violation of the Medical
18		Practice Act of 1987, the Physician Assistant Practice Act
19		of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
20		or any other professional licensing statute, or (ii)
21		subject to any criminal prosecution or civil liability,
22		except for willful and wanton misconduct.
23		(3) A health care professional prescribing an opioid
24		antagonist to a patient shall ensure that the patient
25		receives the patient information specified in paragraph
26		(4) of this subsection. Patient information may be provided

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1		by the health care professional or a community-based
2		organization, substance abuse program, or other
3		organization with which the health care professional
4		establishes a written agreement that includes a
5		description of how the organization will provide patient
6		information, how employees or volunteers providing
7		information will be trained, and standards for documenting
8		the provision of patient information to patients.
9		Provision of patient information shall be documented in the
10		patient's medical record or through similar means as
11		determined by agreement between the health care
12		professional and the organization. The Director of the
13		Division of Alcoholism and Substance Abuse, in
14		consultation with statewide organizations representing
15		physicians, pharmacists, advanced practice nurses,
16		physician assistants, substance abuse programs, and other
17		interested groups, shall develop and disseminate to health
18		care professionals, community-based organizations,
19		substance abuse programs, and other organizations training
20		materials in video, electronic, or other formats to
21		facilitate the provision of such patient information.
22		(4) For the purposes of this subsection:
23		"Opioid antagonist" means a drug that binds to opioid
24		receptors and blocks or inhibits the effect of opioids
25		acting on those receptors, including, but not limited to,
26		naloxone hydrochloride or any other similarly acting drug

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1		approved by the U.S. Food and Drug Administration.
2		"Health care professional" means a physician licensed
3		to practice medicine in all its branches, a licensed
4		physician assistant with prescriptive authority, a
5		licensed advanced practice nurse with prescriptive
6		authority, an advanced practice nurse or physician
7		assistant who practices in a hospital, hospital affiliate,
8		or ambulatory surgical treatment center and possesses
9		appropriate clinical privileges in accordance with the
10		Nurse Practice Act, or a pharmacist licensed to practice
11		pharmacy under the Pharmacy Practice Act.
12		"Patient" includes a person who is not at risk of
13		opioid overdose but who, in the judgment of the physician,
14		advanced practice nurse, or physician assistant, may be in
15		a position to assist another individual during an overdose
16		and who has received patient information as required in
17		paragraph (2) of this subsection on the indications for and
18		administration of an opioid antagonist.
19		"Patient information" includes information provided to
20		the patient on drug overdose prevention and recognition;
21		how to perform rescue breathing and resuscitation; opioid
22		antagonist dosage and administration; the importance of
23		calling 911; care for the overdose victim after
24		administration of the overdose antagonist; and other
25		issues as necessary.
26		(e) Drug overdose response policy.

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1		(1) Every State and local government agency that
2		employs a law enforcement officer or fireman as those terms
3		are defined in the Line of Duty Compensation Act must
4		possess opioid antagonists and must establish a policy to
5		control the acquisition, storage, transportation, and
6		administration of such opioid antagonists and to provide
7		training in the administration of opioid antagonists. A
8		State or local government agency that employs a fireman as
9		defined in the Line of Duty Compensation Act but does not
10		respond to emergency medical calls or provide medical
11		services shall be exempt from this subsection.
12		(2) Every publicly or privately owned ambulance,
13		special emergency medical services vehicle, non-transport
14		vehicle, or ambulance assist vehicle, as described in the
15		Emergency Medical Services (EMS) Systems Act, which
16		responds to requests for emergency services or transports
17		patients between hospitals in emergency situations must
18		possess opioid antagonists.
19		(3) Entities that are required under paragraphs (1) and
20		(2) to possess opioid antagonists may also apply to the
21		Department for a grant to fund the acquisition of opioid
22		antagonists and training programs on the administration of
23		opioid antagonists.
24		(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
25		99-581, eff. 1-1-17; 99-642, eff. 7-28-16; revised 9-19-16.)

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1		(20 ILCS 301/10-15)
2		Sec. 10-15. Qualification and appointment of members. The
3		membership of the Illinois Advisory Council shall consist of:
4		(a) A State's Attorney designated by the President of
5		the Illinois State's Attorneys Association.
6		(b) A judge designated by the Chief Justice of the
7		Illinois Supreme Court.
8		(c) A Public Defender appointed by the President of the
9		Illinois Public Defender Defenders Association.
10		(d) A local law enforcement officer appointed by the
11		Governor.
12		(e) A labor representative appointed by the Governor.
13		(f) An educator appointed by the Governor.
14		(g) A physician licensed to practice medicine in all
15		its branches appointed by the Governor with due regard for
16		the appointee's knowledge of the field of alcoholism and
17		other drug abuse and dependency.
18		(h) 4 members of the Illinois House of Representatives,
19		2 each appointed by the Speaker and Minority Leader.
20		(i) 4 members of the Illinois Senate, 2 each appointed
21		by the President and Minority Leader.
22		(j) The President of the Illinois Alcoholism and Drug
23		Dependence Association.
24		(k) An advocate for the needs of youth appointed by the
25		Governor.
26		(l) The President of the Illinois State Medical Society

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1		or his or her designee.
2		(m) The President of the Illinois Hospital Association
3		or his or her designee.
4		(n) The President of the Illinois Nurses Association or
5		a registered nurse designated by the President.
6		(o) The President of the Illinois Pharmacists
7		Association or a licensed pharmacist designated by the
8		President.
9		(p) The President of the Illinois Chapter of the
10		Association of Labor-Management Labor Management
11		Administrators and Consultants on Alcoholism.
12		(p-1) The President of the Community Behavioral
13		Healthcare Association of Illinois or his or her designee.
14		(q) The Attorney General or his or her designee.
15		(r) The State Comptroller or his or her designee.
16		(s) 20 public members, 8 appointed by the Governor, 3
17		of whom shall be representatives of alcoholism or other
18		drug abuse and dependency treatment programs and one of
19		whom shall be a representative of a manufacturer or
20		importing distributor of alcoholic liquor licensed by the
21		State of Illinois, and 3 public members appointed by each
22		of the President and Minority Leader of the Senate and the
23		Speaker and Minority Leader of the House.
24		(t) The Director, Secretary, or other chief
25		administrative officer, ex officio, or his or her designee,
26		of each of the following: the Department on Aging, the

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1		Department of Children and Family Services, the Department
2		of Corrections, the Department of Juvenile Justice, the
3		Department of Healthcare and Family Services, the
4		Department of Revenue, the Department of Public Health, the
5		Department of Financial and Professional Regulation, the
6		Department of State Police, the Administrative Office of
7		the Illinois Courts, the Criminal Justice Information
8		Authority, and the Department of Transportation.
9		(u) Each of the following, ex officio, or his or her
10		designee: the Secretary of State, the State Superintendent
11		of Education, and the Chairman of the Board of Higher
12		Education.
13		The public members may not be officers or employees of the
14		executive branch of State government; however, the public
15		members may be officers or employees of a State college or
16		university or of any law enforcement agency. In appointing
17		members, due consideration shall be given to the experience of
18		appointees in the fields of medicine, law, prevention,
19		correctional activities, and social welfare. Vacancies in the
20		public membership shall be filled for the unexpired term by
21		appointment in like manner as for original appointments, and
22		the appointive members shall serve until their successors are
23		appointed and have qualified. Vacancies among the public
24		members appointed by the legislative leaders shall be filled by
25		the leader of the same house and of the same political party as
26		the leader who originally appointed the member.

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1		Each non-appointive member may designate a representative
2		to serve in his place by written notice to the Department. All
3		General Assembly members shall serve until their respective
4		successors are appointed or until termination of their
5		legislative service, whichever occurs first. The terms of
6		office for each of the members appointed by the Governor shall
7		be for 3 years, except that of the members first appointed, 3
8		shall be appointed for a term of one year, and 4 shall be
9		appointed for a term of 2 years. The terms of office of each of
10		the public members appointed by the legislative leaders shall
11		be for 2 years.
12		(Source: P.A. 94-1033, eff. 7-1-07; revised 9-12-16.)
13		Section 105. The Personnel Code is amended by changing
14		Section 10 as follows:
15		(20 ILCS 415/10) (from Ch. 127, par. 63b110)
16		Sec. 10. Duties and powers of the Commission. The Civil
17		Service Commission shall have duties and powers as follows:
18		(1) Upon written recommendations by the Director of the
19		Department of Central Management Services to exempt from
20		jurisdiction B of this Act positions which, in the judgment
21		of the Commission, involve either principal administrative
22		responsibility for the determination of policy or
23		principal administrative responsibility for the way in
24		which policies are carried out. This authority may not be

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1		exercised, however, with respect to the position of
2		Assistant Director of Healthcare and Family Services in the
3		Department of Healthcare and Family Services.
4		(2) To require such special reports from the Director
5		as it may consider desirable.
6		(3) To disapprove original rules or any part thereof
7		within 90 days and any amendment thereof within 30 days
8		after the submission of such rules to the Civil Service
9		Commission by the Director, and to disapprove any
10		amendments thereto in the same manner.
11		(4) To approve or disapprove within 60 days from date
12		of submission the position classification plan P.A.
13		submitted by the Director as provided in the rules, and any
14		revisions thereof within 30 days from the date of
15		submission.
16		(5) To hear appeals of employees who do not accept the
17		allocation of their positions under the position
18		classification plan.
19		(6) To hear and determine written charges filed seeking
20		the discharge, demotion of employees and suspension
21		totaling more than thirty days in any 12-month period, as
22		provided in Section 11 hereof, and appeals from transfers
23		from one geographical area in the State to another, and in
24		connection therewith to administer oaths, subpoena
25		witnesses, and compel the production of books and papers.
26		(7) The fees of subpoenaed witnesses under this Act for

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1		attendance and travel shall be the same as fees of
2		witnesses before the circuit courts of the State, such fees
3		to be paid when the witness is excused from further
4		attendance. Whenever a subpoena is issued the Commission
5		may require that the cost of service and the fee of the
6		witness shall be borne by the party at whose insistence the
7		witness is summoned. The Commission has the power, at its
8		discretion, to require a deposit from such party to cover
9		the cost of service and witness fees and the payment of the
10		legal witness fee and mileage to the witness served with
11		the subpoena. A subpoena issued under this Act shall be
12		served in the same manner as a subpoena issued out of a
13		court.
14		Upon the failure or refusal to obey a subpoena, a
15		petition shall be prepared by the party serving the
16		subpoena for enforcement in the circuit court of the county
17		in which the person to whom the subpoena was directed
18		either resides or has his or her principal place of
19		business.
20		Not less than five days before the petition is filed in
21		the appropriate court, it shall be served on the person
22		along with a notice of the time and place the petition is
23		to be presented.
24		Following a hearing on the petition, the circuit court
25		shall have jurisdiction to enforce subpoenas issued
26		pursuant to this Section.

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1		On motion and for good cause shown the Commission may
2		quash or modify any subpoena.
3		(8) To make an annual report regarding the work of the
4		Commission to the Governor, such report to be a public
5		report.
6		(9) If any violation of this Act is found, the
7		Commission shall direct compliance in writing.
8		(10) To appoint a full-time executive secretary and
9		such other employees, experts, and special assistants as
10		may be necessary to carry out the powers and duties of the
11		Commission under this Act and employees, experts, and
12		special assistants so appointed by the Commission shall be
13		subject to the provisions of jurisdictions A, B and C of
14		this Act. These powers and duties supersede any contrary
15		provisions herein contained.
16		(11) To make rules to carry out and implement their
17		powers and duties under this Act, with authority to amend
18		such rules from time to time.
19		(12) To hear or conduct investigations as it deems
20		necessary of appeals of layoff filed by employees appointed
21		under Jurisdiction B after examination provided that such
22		appeals are filed within 15 calendar days following the
23		effective date of such layoff and are made on the basis
24		that the provisions of the Personnel Code or of the Rules
25		of the Department of Central Management Services relating
26		to layoff have been violated or have not been complied

HB3855 Engrossed - 104 - LRB100 05985 AMC 16014 b
1		with.
2		All hearings shall be public. A decision shall be
3		rendered within 60 days after receipt of the transcript of
4		the proceedings. The Commission shall order the
5		reinstatement of the employee if it is proven that the
6		provisions of the Personnel Code or of the rules Rules of
7		the Department of Central Management Services relating to
8		layoff have been violated or have not been complied with.
9		In connection therewith the Commission may administer
10		oaths, subpoena witnesses, and compel the production of
11		books and papers.
12		(13) Whenever the Civil Service Commission is
13		authorized or required by law to consider some aspect of
14		criminal history record information for the purpose of
15		carrying out its statutory powers and responsibilities,
16		then, upon request and payment of fees in conformance with
17		the requirements of Section 2605-400 of the Department of
18		State Police Law (20 ILCS 2605/2605-400), the Department of
19		State Police is authorized to furnish, pursuant to positive
20		identification, such information contained in State files
21		as is necessary to fulfill the request.
22		(Source: P.A. 95-331, eff. 8-21-07; revised 9-6-16.)
23		Section 110. The Department of Commerce and Economic
24		Opportunity Law of the Civil Administrative Code of Illinois is
25		amended by changing the heading of Article 605 as follows:

HB3855 Engrossed - 105 - LRB100 05985 AMC 16014 b
1		(20 ILCS 605/Art. 605 heading)
2		ARTICLE 605. DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
3		COMMUNITY AFFAIRS
4		Section 115. The Technology Advancement and Development
5		Act is amended by changing Section 1004 as follows:
6		(20 ILCS 700/1004) (from Ch. 127, par. 3701-4)
7		Sec. 1004. Duties and powers. The Department of Commerce
8		and Economic Opportunity shall establish and administer any of
9		the programs authorized under this Act subject to the
10		availability of funds appropriated by the General Assembly. The
11		Department may make awards from general revenue fund
12		appropriations, federal reimbursement funds, and the
13		Technology Cooperation Fund, as provided under the provisions
14		of this Act. The Department, in addition to those powers
15		granted under the Civil Administrative Code of Illinois, is
16		granted the following powers to help administer the provisions
17		of this Act:
18		(a) To provide financial assistance as direct or
19		participation grants, loans, or qualified security
20		investments to, or on behalf of, eligible applicants.
21		Loans, grants, and investments shall be made for the
22		purpose of increasing research and development,
23		commercializing technology, adopting advanced production

HB3855 Engrossed - 106 - LRB100 05985 AMC 16014 b
1		and processing techniques, and promoting job creation and
2		retention within Illinois;
3		(b) To enter into agreements, accept funds or grants,
4		and engage in cooperation with agencies of the federal
5		government, local units of government, universities,
6		research foundations or institutions, regional economic
7		development corporations, or other organizations for the
8		purposes of this Act;
9		(c) To enter into contracts, agreements, and memoranda
10		of understanding; and to provide funds for participation
11		agreements or to make any other agreements or contracts or
12		to invest, grant, or loan funds to any participating
13		intermediary organizations, including, not-for-profit
14		entities, for-profit entities, State agencies or
15		authorities, government owned and contract operated
16		facilities, institutions of higher education, other public
17		or private development corporations, or other entities
18		necessary or desirable to further the purpose of this Act.
19		Any such agreement or contract by an intermediary
20		organization to deliver programs authorized under this Act
21		may include terms and provisions, including, but not
22		limited to, organization and development of documentation,
23		review and approval of projects, servicing and
24		disbursement of funds, and other related activities;
25		(d) To fix, determine, charge, and collect any
26		premiums, fees, charges, costs, and expenses, including,

HB3855 Engrossed - 107 - LRB100 05985 AMC 16014 b
1		without limitation, any application fees, commitment fees,
2		program fees, financing charges, or publication fees in
3		connection with the Department's activities under this
4		Act;
5		(e) To establish forms for applications,
6		notifications, contracts, or any other agreements, and to
7		promulgate procedures, rules, or regulations deemed
8		necessary and appropriate;
9		(f) To establish and regulate the terms and conditions
10		of the Department's agreements and to consent, subject to
11		the provisions of any agreement with another party, to the
12		modification or restructuring of any agreement to which the
13		Department is a party;
14		(g) To require that recipients of financial assistance
15		shall at all times keep proper books of record and account
16		in accordance with generally accepted accounting
17		principles consistently applied, with such books open for
18		reasonable Department inspection and audits, including,
19		without limitation, the making of copies thereof;
20		(h) To require applicants or grantees receiving funds
21		under this Act to permit the Department to: (i) inspect and
22		audit any books, records or papers related to the project
23		in the custody or control of the applicant, including the
24		making of copies or extracts thereof, and (ii) inspect or
25		appraise any of the applicant's or grantee's business
26		assets;

HB3855 Engrossed - 108 - LRB100 05985 AMC 16014 b
1		(i) To require applicants or grantees, upon written
2		request by the Department, to issue any necessary
3		authorization to the appropriate federal, State, or local
4		authority for the release of information concerning a
5		business or business project financed under the provisions
6		of this Act, with the information requested to include, but
7		not be limited to, financial reports, returns, or records
8		relating to that business or business project;
9		(i-5) To provide staffing, administration, and related
10		support required to manage the programs authorized under
11		this Act and to pay for staffing and administration as
12		appropriated by the General Assembly. Administrative
13		responsibilities may include, but are not limited to,
14		research and identification of the needs of commerce and
15		industry in this State; design of comprehensive statewide
16		plans and programs; direction, management, and control of
17		specific projects; and communication and cooperation with
18		entities about technology commercialization and business
19		modernization;
20		(j) To take whatever actions are necessary or
21		appropriate to protect the State's interest in the event of
22		bankruptcy, default, foreclosure or noncompliance with the
23		terms and conditions of financial assistance or
24		participation required under this Act, including the power
25		to sell, dispose, lease or rent, upon terms and conditions
26		determined by the Director to be appropriate, real or

HB3855 Engrossed - 109 - LRB100 05985 AMC 16014 b
1		personal property which the Department may receive as a
2		result thereof; and
3		(k) To exercise Exercise such other powers as are
4		necessary to carry out the purposes of this Act.
5		(Source: P.A. 94-91, eff. 7-1-05; revised 9-6-16.)
6		Section 120. The Illinois Lottery Law is amended by
7		changing Sections 10.8 and 21.6 as follows:
8		(20 ILCS 1605/10.8)
9		Sec. 10.8. Specialty retailers license.
10		(a) "Veterans service organization" means an organization
11		that:
12		(1) is formed by and for United States military
13		veterans;
14		(2) is chartered by the United States Congress and
15		incorporated in the State of Illinois;
16		(3) maintains a state headquarters office in the State
17		of Illinois; and
18		(4) is not funded by the State of Illinois or by any
19		county in this State.
20		(b) The Department shall establish a special
21		classification of retailer license to facilitate the
22		year-round sale of the instant scratch-off lottery game
23		established by the General Assembly in Section 21.6. The fees
24		set forth in Section 10.2 do not apply to a specialty retailer

HB3855 Engrossed - 110 - LRB100 05985 AMC 16014 b
1		license.
2		The holder of a specialty retailer license (i) shall be a
3		veterans service organization, (ii) may sell only specialty
4		lottery tickets established for the benefit of the Illinois
5		Veterans Assistance Fund in the State treasury, (iii) is
6		required to purchase those tickets up front at face value from
7		the Illinois Lottery, and (iv) must sell those tickets at face
8		value. Specialty retailers may obtain a refund from the
9		Department for any unsold specialty tickets that they have
10		purchased for resale, as set forth in the specialty retailer
11		agreement.
12		Specialty retailers shall receive a sales commission equal
13		to 2% of the face value of specialty game tickets purchased
14		from the Department, less adjustments for unsold tickets
15		returned to the Illinois Lottery for credit. Specialty
16		retailers may not cash winning tickets, but are entitled to a
17		1% bonus in connection with the sale of a winning specialty
18		game ticket having a price value of $1,000 or more.
19		(Source: P.A. 96-1105, eff. 7-19-10; 97-464, eff. 10-15-11;
20		revised 9-2-16.)
21		(20 ILCS 1605/21.6)
22		Sec. 21.6. Scratch-off for Illinois veterans.
23		(a) The Department shall offer a special instant
24		scratch-off game for the benefit of Illinois veterans. The game
25		shall commence on January 1, 2006 or as soon thereafter, at the

HB3855 Engrossed - 111 - LRB100 05985 AMC 16014 b
1		discretion of the Director, as is reasonably practical. The
2		operation of the game shall be governed by this Act and any
3		rules adopted by the Department. If any provision of this
4		Section is inconsistent with any other provision of this Act,
5		then this Section governs.
6		(b) The Illinois Veterans Assistance Fund is created as a
7		special fund in the State treasury. The net revenue from the
8		Illinois veterans scratch-off game shall be deposited into the
9		Fund for appropriation by the General Assembly solely to the
10		Department of Veterans' Veterans Affairs for making grants,
11		funding additional services, or conducting additional research
12		projects relating to each of the following:
13		(i) veterans' post traumatic stress disorder;
14		(ii) veterans' homelessness;
15		(iii) the health insurance costs of veterans;
16		(iv) veterans' disability benefits, including but not
17		limited to, disability benefits provided by veterans
18		service organizations and veterans assistance commissions
19		or centers;
20		(v) the long-term care of veterans; provided that,
21		beginning with moneys appropriated for fiscal year 2008, no
22		more than 20% of such moneys shall be used for health
23		insurance costs; and
24		(vi) veteran employment and employment training.
25		In order to expend moneys from this special fund, beginning
26		with moneys appropriated for fiscal year 2008, the Director of

HB3855 Engrossed - 112 - LRB100 05985 AMC 16014 b
1		Veterans' Affairs shall appoint a 3-member funding
2		authorization committee. The Director shall designate one of
3		the members as chairperson. The committee shall meet on a
4		quarterly basis, at a minimum, and shall authorize expenditure
5		of moneys from the special fund by a two-thirds vote. Decisions
6		of the committee shall not take effect unless and until
7		approved by the Director of Veterans' Affairs. Each member of
8		the committee shall serve until a replacement is named by the
9		Director of Veterans' Affairs. One member of the committee
10		shall be a member of the Veterans' Advisory Council.
11		Moneys collected from the special instant scratch-off game
12		shall be used only as a supplemental financial resource and
13		shall not supplant existing moneys that the Department of
14		Veterans' Veterans Affairs may currently expend for the
15		purposes set forth in items (i) through (v).
16		Moneys received for the purposes of this Section,
17		including, without limitation, net revenue from the special
18		instant scratch-off game and from gifts, grants, and awards
19		from any public or private entity, must be deposited into the
20		Fund. Any interest earned on moneys in the Fund must be
21		deposited into the Fund.
22		For purposes of this subsection, "net revenue" means the
23		total amount for which tickets have been sold less the sum of
24		the amount paid out in the prizes and the actual administrative
25		expenses of the Department solely related to the scratch-off
26		game under this Section.

HB3855 Engrossed - 113 - LRB100 05985 AMC 16014 b
1		(c) During the time that tickets are sold for the Illinois
2		veterans scratch-off game, the Department shall not
3		unreasonably diminish the efforts devoted to marketing any
4		other instant scratch-off lottery game.
5		(d) The Department may adopt any rules necessary to
6		implement and administer the provisions of this Section.
7		(Source: P.A. 97-464, eff. 10-15-11; 97-740, eff. 7-5-12;
8		98-499, eff. 8-16-13; revised 9-2-16.)
9		Section 125. The Military Code of Illinois is amended by
10		changing Section 28 as follows:
11		(20 ILCS 1805/28) (from Ch. 129, par. 220.28)
12		Sec. 28. When the Commander-in-Chief proclaims a time of
13		public danger or when an emergency exists, the . The Adjutant
14		General may purchase or authorize the purchase of stores and
15		supplies in accordance with the emergency purchase provisions
16		in the Illinois Procurement Code.
17		(Source: P.A. 99-557, eff. 1-1-17; revised 9-8-16.)
18		Section 130. The State Guard Act is amended by changing
19		Sections 53 and 54 as follows:
20		(20 ILCS 1815/53) (from Ch. 129, par. 281)
21		Sec. 53. Any officer, warrant officer, or enlisted man in
22		the Illinois State Guard who knowingly makes any false

HB3855 Engrossed - 114 - LRB100 05985 AMC 16014 b
1		certificate or return to any superior officer authorized to
2		call for such certificate or return, as to the state of his
3		command, or as to the quartermaster, subsistence, or ordnance
4		ordinance stores to it issued, or any officer who knowingly
5		musters any officer, warrant officer, or enlisted man by other
6		than his proper name, or who permits any officer, warrant
7		officer, or enlisted man to substitute or sign another name
8		than his own, or who enters the name of any man not duly or
9		lawfully commissioned or enlisted in the muster or payroll of
10		the State of Illinois, or who certifies falsely as to any
11		actual duty performed or amounts due, or who in any other way
12		makes or permits any false muster or return, or who, having
13		drawn money from the State for public use, shall apply it or
14		any part thereof to any use not duly authorized, may be
15		punished as a court martial shall direct.
16		(Source: P.A. 80-1495; revised 9-8-16.)
17		(20 ILCS 1815/54) (from Ch. 129, par. 282)
18		Sec. 54. Any officer, warrant officer, or enlisted man who
19		willfully wilfully or through neglect suffers to be lost,
20		spoiled, or damaged, any quartermaster, subsistence, or
21		ordnance ordinance stores for which he is responsible or
22		accountable, or who secretes, sells, or pawns, or attempts to
23		secrete, sell, or pawn, any such stores or any other military
24		property of the State, or by it issued, may be punished as a
25		court martial shall direct.

HB3855 Engrossed - 115 - LRB100 05985 AMC 16014 b
1		(Source: P.A. 80-1495; revised 9-8-16.)
2		Section 135. The Department of Public Health Powers and
3		Duties Law of the Civil Administrative Code of Illinois is
4		amended by changing Sections 2310-367 and 2310-371.5 as
5		follows:
6		(20 ILCS 2310/2310-367)
7		Sec. 2310-367. Health Data Task Force; purpose;
8		implementation plan.
9		(a) In accordance with the recommendations of the 2007
10		State Health Improvement Plan, it is the policy of the State
11		that, to the extent possible and consistent with privacy and
12		other laws, State public health data and health-related
13		administrative data are to be used to understand and report on
14		the scope of health problems, plan prevention programs, and
15		evaluate program effectiveness at the State and community
16		level. It is a priority to use data to address racial, ethnic,
17		and other health disparities. This system is intended to
18		support State and community level public health planning, and
19		is not intended to supplant or replace data-use agreements
20		between State agencies and academic researchers for more
21		specific research needs.
22		(b) Within 30 days after August 24, 2007 (the effective
23		date of Public Act 95-418), a Health Data Task Force shall be
24		convened to create a system for public access to integrated

HB3855 Engrossed - 116 - LRB100 05985 AMC 16014 b
1		health data. The Task Force shall consist of the following: the
2		Director of Public Health or his or her designee; the Director
3		of Healthcare and Family Services or his or her designee; the
4		Secretary of Human Services or his or her designee; the
5		Director of the Department on Aging or his or her designee; the
6		Director of Children and Family Services or his or her
7		designee; the State Superintendent of Education or his or her
8		designee; and other State officials as deemed appropriate by
9		the Governor.
10		The Task Force shall be advised by a public advisory group
11		consisting of community health data users, minority health
12		advocates, local public health departments, and private data
13		suppliers such as hospitals and other health care providers.
14		Each member of the Task Force shall appoint 3 members of the
15		public advisory group. The public advisory group shall assist
16		the Task Force in setting goals, articulating user needs, and
17		setting priorities for action.
18		The Department of Public Health is primarily responsible
19		for providing staff and administrative support to the Task
20		Force. The other State agencies represented on the Task Force
21		shall work cooperatively with the Department of Public Health
22		to provide administrative support to the Task Force. The
23		Department of Public Health shall have ongoing responsibility
24		for monitoring the implementation of the plan and shall have
25		ongoing responsibility to identify new or emerging data or
26		technology needs.

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1		The State agencies represented on the Task Force shall
2		review their health data, data collection, and dissemination
3		policies for opportunities to coordinate and integrate data and
4		make data available within and outside State government in
5		support of this State policy. To the extent possible, existing
6		data infrastructure shall be used to create this system of
7		public access to data. The Illinois Department of Healthcare
8		Health Care and Family Services data warehouse and the Illinois
9		Department of Public Health IPLAN Data System may be the
10		foundation of this system.
11		(c) The Task Force shall produce a plan with a phased and
12		prioritized implementation timetable focusing on assuring
13		access to improving the quality of data necessary to understand
14		health disparities. The Task Force shall submit an initial
15		report to the General Assembly no later than July 1, 2008, and
16		shall make annual reports to the General Assembly on or before
17		July 1 of each year through 2011 of the progress toward
18		implementing the plan.
19		(Source: P.A. 97-813, eff. 7-13-12; revised 9-8-16.)
20		(20 ILCS 2310/2310-371.5) (was 20 ILCS 2310/371)
21		Sec. 2310-371.5. Heartsaver AED Fund; grants. Subject to
22		appropriation, the Department of Public Health has the power to
23		make matching grants from the Heartsaver AED Fund, a special
24		fund created in the State treasury, to any school in the State,
25		public park district, forest preserve district, conservation

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1		district, sheriff's office, municipal police department,
2		municipal recreation department, public library, college, or
3		university to assist in the purchase of an Automated External
4		Defibrillator. Applicants for AED grants must demonstrate that
5		they have funds to pay 50% of the cost of the AEDs for which
6		matching grant moneys are sought. Any school, public park
7		district, forest preserve district, conservation district,
8		sheriff's office, municipal police department, municipal
9		recreation department, public library, college, or university
10		applying for the grant shall not receive more than one grant
11		from the Heartsaver AED Fund each fiscal year. The State
12		Treasurer shall accept and deposit into the Fund all gifts,
13		grants, transfers, appropriations, and other amounts from any
14		legal source, public or private, that are designated for
15		deposit into the Fund.
16		(Source: P.A. 99-246, eff. 1-1-16; 99-501, eff. 3-18-16;
17		revised 3-21-16.)
18		Section 140. The State Police Act is amended by changing
19		Section 7 and by setting forth and renumbering multiple
20		versions of Section 40 as follows:
21		(20 ILCS 2610/7) (from Ch. 121, par. 307.7)
22		Sec. 7. As soon as practicable after the members of the
23		Board have been appointed, they shall meet and shall organize
24		by electing a chairman and a secretary. The initial chairman

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1		and secretary, and their successors, shall be elected by the
2		Board from among its members for a term of two years or for the
3		remainder of their term of office as a member of the Board,
4		whichever which ever is the shorter. Three members of the Board
5		shall constitute a quorum for the transaction of business. The
6		Board shall hold regular quarterly meetings and such other
7		meetings as may be called by the chairman.
8		(Source: P.A. 80-1305; revised 10-5-16.)
9		(20 ILCS 2610/38)
10		Sec. 38 40. Disposal of medications. The Department may by
11		rule authorize State Police officers to dispose of any unused
12		medications under Section 18 of the Safe Pharmaceutical
13		Disposal Act.
14		(Source: P.A. 99-648, eff. 1-1-17; revised 10-4-16.)
15		(20 ILCS 2610/40)
16		Sec. 40. Training; administration of epinephrine.
17		(a) This Section, along with Section 10.19 of the Illinois
18		Police Training Act, may be referred to as the Annie LeGere
19		Law.
20		(b) For the purposes of this Section, "epinephrine
21		auto-injector" means a single-use device used for the automatic
22		injection of a pre-measured dose of epinephrine into the human
23		body prescribed in the name of the Department.
24		(c) The Department may conduct or approve a training

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1		program for State Police officers to recognize and respond to
2		anaphylaxis, including, but not limited to:
3		(1) how to recognize symptoms of an allergic reaction;
4		(2) how to respond to an emergency involving an
5		allergic reaction;
6		(3) how to administer an epinephrine auto-injector;
7		(4) how to respond to an individual with a known
8		allergy as well as an individual with a previously unknown
9		allergy;
10		(5) a test demonstrating competency of the knowledge
11		required to recognize anaphylaxis and administer an
12		epinephrine auto-injector; and
13		(6) other criteria as determined in rules adopted by
14		the Department.
15		(d) The Department may authorize a State Police officer who
16		has completed the training program under subsection (c) to
17		carry, administer, or assist with the administration of
18		epinephrine auto-injectors whenever he or she is performing
19		official duties.
20		(e) The Department must establish a written policy to
21		control the acquisition, storage, transportation,
22		administration, and disposal of epinephrine auto-injectors
23		before it allows any State Police officer to carry and
24		administer epinephrine auto-injectors.
25		(f) A physician, physician's assistant with prescriptive
26		authority, or advanced practice registered nurse with

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1		prescriptive authority may provide a standing protocol or
2		prescription for epinephrine auto-injectors in the name of the
3		Department to be maintained for use when necessary.
4		(g) When a State Police officer administers epinephrine
5		auto-injector in good faith, the officer and the Department,
6		and its employees and agents, incur no liability, except for
7		willful and wanton conduct, as a result of any injury or death
8		arising from the use of an epinephrine auto-injector.
9		(Source: P.A. 99-711, eff. 1-1-17.)
10		Section 145. The Criminal Identification Act is amended by
11		changing Section 5.2 as follows:
12		(20 ILCS 2630/5.2)
13		Sec. 5.2. Expungement and sealing.
14		(a) General Provisions.
15		(1) Definitions. In this Act, words and phrases have
16		the meanings set forth in this subsection, except when a
17		particular context clearly requires a different meaning.
18		(A) The following terms shall have the meanings
19		ascribed to them in the Unified Code of Corrections,
20		730 ILCS 5/5-1-2 through 5/5-1-22:
21		(i) Business Offense (730 ILCS 5/5-1-2),
22		(ii) Charge (730 ILCS 5/5-1-3),
23		(iii) Court (730 ILCS 5/5-1-6),
24		(iv) Defendant (730 ILCS 5/5-1-7),

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1		(v) Felony (730 ILCS 5/5-1-9),
2		(vi) Imprisonment (730 ILCS 5/5-1-10),
3		(vii) Judgment (730 ILCS 5/5-1-12),
4		(viii) Misdemeanor (730 ILCS 5/5-1-14),
5		(ix) Offense (730 ILCS 5/5-1-15),
6		(x) Parole (730 ILCS 5/5-1-16),
7		(xi) Petty Offense (730 ILCS 5/5-1-17),
8		(xii) Probation (730 ILCS 5/5-1-18),
9		(xiii) Sentence (730 ILCS 5/5-1-19),
10		(xiv) Supervision (730 ILCS 5/5-1-21), and
11		(xv) Victim (730 ILCS 5/5-1-22).
12		(B) As used in this Section, "charge not initiated
13		by arrest" means a charge (as defined by 730 ILCS
14		5/5-1-3) brought against a defendant where the
15		defendant is not arrested prior to or as a direct
16		result of the charge.
17		(C) "Conviction" means a judgment of conviction or
18		sentence entered upon a plea of guilty or upon a
19		verdict or finding of guilty of an offense, rendered by
20		a legally constituted jury or by a court of competent
21		jurisdiction authorized to try the case without a jury.
22		An order of supervision successfully completed by the
23		petitioner is not a conviction. An order of qualified
24		probation (as defined in subsection (a)(1)(J))
25		successfully completed by the petitioner is not a
26		conviction. An order of supervision or an order of

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1		qualified probation that is terminated
2		unsatisfactorily is a conviction, unless the
3		unsatisfactory termination is reversed, vacated, or
4		modified and the judgment of conviction, if any, is
5		reversed or vacated.
6		(D) "Criminal offense" means a petty offense,
7		business offense, misdemeanor, felony, or municipal
8		ordinance violation (as defined in subsection
9		(a)(1)(H)). As used in this Section, a minor traffic
10		offense (as defined in subsection (a)(1)(G)) shall not
11		be considered a criminal offense.
12		(E) "Expunge" means to physically destroy the
13		records or return them to the petitioner and to
14		obliterate the petitioner's name from any official
15		index or public record, or both. Nothing in this Act
16		shall require the physical destruction of the circuit
17		court file, but such records relating to arrests or
18		charges, or both, ordered expunged shall be impounded
19		as required by subsections (d)(9)(A)(ii) and
20		(d)(9)(B)(ii).
21		(F) As used in this Section, "last sentence" means
22		the sentence, order of supervision, or order of
23		qualified probation (as defined by subsection
24		(a)(1)(J)), for a criminal offense (as defined by
25		subsection (a)(1)(D)) that terminates last in time in
26		any jurisdiction, regardless of whether the petitioner

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1		has included the criminal offense for which the
2		sentence or order of supervision or qualified
3		probation was imposed in his or her petition. If
4		multiple sentences, orders of supervision, or orders
5		of qualified probation terminate on the same day and
6		are last in time, they shall be collectively considered
7		the "last sentence" regardless of whether they were
8		ordered to run concurrently.
9		(G) "Minor traffic offense" means a petty offense,
10		business offense, or Class C misdemeanor under the
11		Illinois Vehicle Code or a similar provision of a
12		municipal or local ordinance.
13		(H) "Municipal ordinance violation" means an
14		offense defined by a municipal or local ordinance that
15		is criminal in nature and with which the petitioner was
16		charged or for which the petitioner was arrested and
17		released without charging.
18		(I) "Petitioner" means an adult or a minor
19		prosecuted as an adult who has applied for relief under
20		this Section.
21		(J) "Qualified probation" means an order of
22		probation under Section 10 of the Cannabis Control Act,
23		Section 410 of the Illinois Controlled Substances Act,
24		Section 70 of the Methamphetamine Control and
25		Community Protection Act, Section 5-6-3.3 or 5-6-3.4
26		of the Unified Code of Corrections, Section

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1		12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
2		those provisions existed before their deletion by
3		Public Act 89-313), Section 10-102 of the Illinois
4		Alcoholism and Other Drug Dependency Act, Section
5		40-10 of the Alcoholism and Other Drug Abuse and
6		Dependency Act, or Section 10 of the Steroid Control
7		Act. For the purpose of this Section, "successful
8		completion" of an order of qualified probation under
9		Section 10-102 of the Illinois Alcoholism and Other
10		Drug Dependency Act and Section 40-10 of the Alcoholism
11		and Other Drug Abuse and Dependency Act means that the
12		probation was terminated satisfactorily and the
13		judgment of conviction was vacated.
14		(K) "Seal" means to physically and electronically
15		maintain the records, unless the records would
16		otherwise be destroyed due to age, but to make the
17		records unavailable without a court order, subject to
18		the exceptions in Sections 12 and 13 of this Act. The
19		petitioner's name shall also be obliterated from the
20		official index required to be kept by the circuit court
21		clerk under Section 16 of the Clerks of Courts Act, but
22		any index issued by the circuit court clerk before the
23		entry of the order to seal shall not be affected.
24		(L) "Sexual offense committed against a minor"
25		includes but is not limited to the offenses of indecent
26		solicitation of a child or criminal sexual abuse when

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1		the victim of such offense is under 18 years of age.
2		(M) "Terminate" as it relates to a sentence or
3		order of supervision or qualified probation includes
4		either satisfactory or unsatisfactory termination of
5		the sentence, unless otherwise specified in this
6		Section.
7		(2) Minor Traffic Offenses. Orders of supervision or
8		convictions for minor traffic offenses shall not affect a
9		petitioner's eligibility to expunge or seal records
10		pursuant to this Section.
11		(2.5) Commencing 180 days after July 29, 2016 (the
12		effective date of Public Act 99-697) this amendatory Act of
13		the 99th General Assembly, the law enforcement agency
14		issuing the citation shall automatically expunge, on or
15		before January 1 and July 1 of each year, the law
16		enforcement records of a person found to have committed a
17		civil law violation of subsection (a) of Section 4 of the
18		Cannabis Control Act or subsection (c) of Section 3.5 of
19		the Drug Paraphernalia Control Act in the law enforcement
20		agency's possession or control and which contains the final
21		satisfactory disposition which pertain to the person
22		issued a citation for that offense. The law enforcement
23		agency shall provide by rule the process for access,
24		review, and to confirm the automatic expungement by the law
25		enforcement agency issuing the citation. Commencing 180
26		days after July 29, 2016 (the effective date of Public Act

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1		99-697) this amendatory Act of the 99th General Assembly,
2		the clerk of the circuit court shall expunge, upon order of
3		the court, or in the absence of a court order on or before
4		January 1 and July 1 of each year, the court records of a
5		person found in the circuit court to have committed a civil
6		law violation of subsection (a) of Section 4 of the
7		Cannabis Control Act or subsection (c) of Section 3.5 of
8		the Drug Paraphernalia Control Act in the clerk's
9		possession or control and which contains the final
10		satisfactory disposition which pertain to the person
11		issued a citation for any of those offenses.
12		(3) Exclusions. Except as otherwise provided in
13		subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
14		of this Section, the court shall not order:
15		(A) the sealing or expungement of the records of
16		arrests or charges not initiated by arrest that result
17		in an order of supervision for or conviction of: (i)
18		any sexual offense committed against a minor; (ii)
19		Section 11-501 of the Illinois Vehicle Code or a
20		similar provision of a local ordinance; or (iii)
21		Section 11-503 of the Illinois Vehicle Code or a
22		similar provision of a local ordinance, unless the
23		arrest or charge is for a misdemeanor violation of
24		subsection (a) of Section 11-503 or a similar provision
25		of a local ordinance, that occurred prior to the
26		offender reaching the age of 25 years and the offender

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1		has no other conviction for violating Section 11-501 or
2		11-503 of the Illinois Vehicle Code or a similar
3		provision of a local ordinance.
4		(B) the sealing or expungement of records of minor
5		traffic offenses (as defined in subsection (a)(1)(G)),
6		unless the petitioner was arrested and released
7		without charging.
8		(C) the sealing of the records of arrests or
9		charges not initiated by arrest which result in an
10		order of supervision or a conviction for the following
11		offenses:
12		(i) offenses included in Article 11 of the
13		Criminal Code of 1961 or the Criminal Code of 2012
14		or a similar provision of a local ordinance, except
15		Section 11-14 of the Criminal Code of 1961 or the
16		Criminal Code of 2012, or a similar provision of a
17		local ordinance;
18		(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
19		26-5, or 48-1 of the Criminal Code of 1961 or the
20		Criminal Code of 2012, or a similar provision of a
21		local ordinance;
22		(iii) Sections 12-3.1 or 12-3.2 of the
23		Criminal Code of 1961 or the Criminal Code of 2012,
24		or Section 125 of the Stalking No Contact Order
25		Act, or Section 219 of the Civil No Contact Order
26		Act, or a similar provision of a local ordinance;

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1		(iv) offenses which are Class A misdemeanors
2		under the Humane Care for Animals Act; or
3		(v) any offense or attempted offense that
4		would subject a person to registration under the
5		Sex Offender Registration Act.
6		(D) the sealing of the records of an arrest which
7		results in the petitioner being charged with a felony
8		offense or records of a charge not initiated by arrest
9		for a felony offense unless:
10		(i) the charge is amended to a misdemeanor and
11		is otherwise eligible to be sealed pursuant to
12		subsection (c);
13		(ii) the charge is brought along with another
14		charge as a part of one case and the charge results
15		in acquittal, dismissal, or conviction when the
16		conviction was reversed or vacated, and another
17		charge brought in the same case results in a
18		disposition for a misdemeanor offense that is
19		eligible to be sealed pursuant to subsection (c) or
20		a disposition listed in paragraph (i), (iii), or
21		(iv) of this subsection;
22		(iii) the charge results in first offender
23		probation as set forth in subsection (c)(2)(E);
24		(iv) the charge is for a felony offense listed
25		in subsection (c)(2)(F) or the charge is amended to
26		a felony offense listed in subsection (c)(2)(F);

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1		(v) the charge results in acquittal,
2		dismissal, or the petitioner's release without
3		conviction; or
4		(vi) the charge results in a conviction, but
5		the conviction was reversed or vacated.
6		(b) Expungement.
7		(1) A petitioner may petition the circuit court to
8		expunge the records of his or her arrests and charges not
9		initiated by arrest when each arrest or charge not
10		initiated by arrest sought to be expunged resulted in: (i)
11		acquittal, dismissal, or the petitioner's release without
12		charging, unless excluded by subsection (a)(3)(B); (ii) a
13		conviction which was vacated or reversed, unless excluded
14		by subsection (a)(3)(B); (iii) an order of supervision and
15		such supervision was successfully completed by the
16		petitioner, unless excluded by subsection (a)(3)(A) or
17		(a)(3)(B); or (iv) an order of qualified probation (as
18		defined in subsection (a)(1)(J)) and such probation was
19		successfully completed by the petitioner.
20		(1.5) When a petitioner seeks to have a record of
21		arrest expunged under this Section, and the offender has
22		been convicted of a criminal offense, the State's Attorney
23		may object to the expungement on the grounds that the
24		records contain specific relevant information aside from
25		the mere fact of the arrest.
26		(2) Time frame for filing a petition to expunge.

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1		(A) When the arrest or charge not initiated by
2		arrest sought to be expunged resulted in an acquittal,
3		dismissal, the petitioner's release without charging,
4		or the reversal or vacation of a conviction, there is
5		no waiting period to petition for the expungement of
6		such records.
7		(B) When the arrest or charge not initiated by
8		arrest sought to be expunged resulted in an order of
9		supervision, successfully completed by the petitioner,
10		the following time frames will apply:
11		(i) Those arrests or charges that resulted in
12		orders of supervision under Section 3-707, 3-708,
13		3-710, or 5-401.3 of the Illinois Vehicle Code or a
14		similar provision of a local ordinance, or under
15		Section 11-1.50, 12-3.2, or 12-15 of the Criminal
16		Code of 1961 or the Criminal Code of 2012, or a
17		similar provision of a local ordinance, shall not
18		be eligible for expungement until 5 years have
19		passed following the satisfactory termination of
20		the supervision.
21		(i-5) Those arrests or charges that resulted
22		in orders of supervision for a misdemeanor
23		violation of subsection (a) of Section 11-503 of
24		the Illinois Vehicle Code or a similar provision of
25		a local ordinance, that occurred prior to the
26		offender reaching the age of 25 years and the

HB3855 Engrossed - 132 - LRB100 05985 AMC 16014 b
1		offender has no other conviction for violating
2		Section 11-501 or 11-503 of the Illinois Vehicle
3		Code or a similar provision of a local ordinance
4		shall not be eligible for expungement until the
5		petitioner has reached the age of 25 years.
6		(ii) Those arrests or charges that resulted in
7		orders of supervision for any other offenses shall
8		not be eligible for expungement until 2 years have
9		passed following the satisfactory termination of
10		the supervision.
11		(C) When the arrest or charge not initiated by
12		arrest sought to be expunged resulted in an order of
13		qualified probation, successfully completed by the
14		petitioner, such records shall not be eligible for
15		expungement until 5 years have passed following the
16		satisfactory termination of the probation.
17		(3) Those records maintained by the Department for
18		persons arrested prior to their 17th birthday shall be
19		expunged as provided in Section 5-915 of the Juvenile Court
20		Act of 1987.
21		(4) Whenever a person has been arrested for or
22		convicted of any offense, in the name of a person whose
23		identity he or she has stolen or otherwise come into
24		possession of, the aggrieved person from whom the identity
25		was stolen or otherwise obtained without authorization,
26		upon learning of the person having been arrested using his

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1		or her identity, may, upon verified petition to the chief
2		judge of the circuit wherein the arrest was made, have a
3		court order entered nunc pro tunc by the Chief Judge to
4		correct the arrest record, conviction record, if any, and
5		all official records of the arresting authority, the
6		Department, other criminal justice agencies, the
7		prosecutor, and the trial court concerning such arrest, if
8		any, by removing his or her name from all such records in
9		connection with the arrest and conviction, if any, and by
10		inserting in the records the name of the offender, if known
11		or ascertainable, in lieu of the aggrieved's name. The
12		records of the circuit court clerk shall be sealed until
13		further order of the court upon good cause shown and the
14		name of the aggrieved person obliterated on the official
15		index required to be kept by the circuit court clerk under
16		Section 16 of the Clerks of Courts Act, but the order shall
17		not affect any index issued by the circuit court clerk
18		before the entry of the order. Nothing in this Section
19		shall limit the Department of State Police or other
20		criminal justice agencies or prosecutors from listing
21		under an offender's name the false names he or she has
22		used.
23		(5) Whenever a person has been convicted of criminal
24		sexual assault, aggravated criminal sexual assault,
25		predatory criminal sexual assault of a child, criminal
26		sexual abuse, or aggravated criminal sexual abuse, the

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1		victim of that offense may request that the State's
2		Attorney of the county in which the conviction occurred
3		file a verified petition with the presiding trial judge at
4		the petitioner's trial to have a court order entered to
5		seal the records of the circuit court clerk in connection
6		with the proceedings of the trial court concerning that
7		offense. However, the records of the arresting authority
8		and the Department of State Police concerning the offense
9		shall not be sealed. The court, upon good cause shown,
10		shall make the records of the circuit court clerk in
11		connection with the proceedings of the trial court
12		concerning the offense available for public inspection.
13		(6) If a conviction has been set aside on direct review
14		or on collateral attack and the court determines by clear
15		and convincing evidence that the petitioner was factually
16		innocent of the charge, the court that finds the petitioner
17		factually innocent of the charge shall enter an expungement
18		order for the conviction for which the petitioner has been
19		determined to be innocent as provided in subsection (b) of
20		Section 5-5-4 of the Unified Code of Corrections.
21		(7) Nothing in this Section shall prevent the
22		Department of State Police from maintaining all records of
23		any person who is admitted to probation upon terms and
24		conditions and who fulfills those terms and conditions
25		pursuant to Section 10 of the Cannabis Control Act, Section
26		410 of the Illinois Controlled Substances Act, Section 70

HB3855 Engrossed - 135 - LRB100 05985 AMC 16014 b
1		of the Methamphetamine Control and Community Protection
2		Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
3		Corrections, Section 12-4.3 or subdivision (b)(1) of
4		Section 12-3.05 of the Criminal Code of 1961 or the
5		Criminal Code of 2012, Section 10-102 of the Illinois
6		Alcoholism and Other Drug Dependency Act, Section 40-10 of
7		the Alcoholism and Other Drug Abuse and Dependency Act, or
8		Section 10 of the Steroid Control Act.
9		(8) If the petitioner has been granted a certificate of
10		innocence under Section 2-702 of the Code of Civil
11		Procedure, the court that grants the certificate of
12		innocence shall also enter an order expunging the
13		conviction for which the petitioner has been determined to
14		be innocent as provided in subsection (h) of Section 2-702
15		of the Code of Civil Procedure.
16		(c) Sealing.
17		(1) Applicability. Notwithstanding any other provision
18		of this Act to the contrary, and cumulative with any rights
19		to expungement of criminal records, this subsection
20		authorizes the sealing of criminal records of adults and of
21		minors prosecuted as adults.
22		(2) Eligible Records. The following records may be
23		sealed:
24		(A) All arrests resulting in release without
25		charging;
26		(B) Arrests or charges not initiated by arrest

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1		resulting in acquittal, dismissal, or conviction when
2		the conviction was reversed or vacated, except as
3		excluded by subsection (a)(3)(B);
4		(C) Arrests or charges not initiated by arrest
5		resulting in orders of supervision, including orders
6		of supervision for municipal ordinance violations,
7		successfully completed by the petitioner, unless
8		excluded by subsection (a)(3);
9		(D) Arrests or charges not initiated by arrest
10		resulting in convictions, including convictions on
11		municipal ordinance violations, unless excluded by
12		subsection (a)(3);
13		(E) Arrests or charges not initiated by arrest
14		resulting in orders of first offender probation under
15		Section 10 of the Cannabis Control Act, Section 410 of
16		the Illinois Controlled Substances Act, Section 70 of
17		the Methamphetamine Control and Community Protection
18		Act, or Section 5-6-3.3 of the Unified Code of
19		Corrections; and
20		(F) Arrests or charges not initiated by arrest
21		resulting in felony convictions for the following
22		offenses:
23		(i) Class 4 felony convictions for:
24		Prostitution under Section 11-14 of the
25		Criminal Code of 1961 or the Criminal Code of
26		2012.

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1		Possession of cannabis under Section 4 of
2		the Cannabis Control Act.
3		Possession of a controlled substance under
4		Section 402 of the Illinois Controlled
5		Substances Act.
6		Offenses under the Methamphetamine
7		Precursor Control Act.
8		Offenses under the Steroid Control Act.
9		Theft under Section 16-1 of the Criminal
10		Code of 1961 or the Criminal Code of 2012.
11		Retail theft under Section 16A-3 or
12		paragraph (a) of 16-25 of the Criminal Code of
13		1961 or the Criminal Code of 2012.
14		Deceptive practices under Section 17-1 of
15		the Criminal Code of 1961 or the Criminal Code
16		of 2012.
17		Forgery under Section 17-3 of the Criminal
18		Code of 1961 or the Criminal Code of 2012.
19		Possession of burglary tools under Section
20		19-2 of the Criminal Code of 1961 or the
21		Criminal Code of 2012.
22		(ii) Class 3 felony convictions for:
23		Theft under Section 16-1 of the Criminal
24		Code of 1961 or the Criminal Code of 2012.
25		Retail theft under Section 16A-3 or
26		paragraph (a) of 16-25 of the Criminal Code of

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1		1961 or the Criminal Code of 2012.
2		Deceptive practices under Section 17-1 of
3		the Criminal Code of 1961 or the Criminal Code
4		of 2012.
5		Forgery under Section 17-3 of the Criminal
6		Code of 1961 or the Criminal Code of 2012.
7		Possession with intent to manufacture or
8		deliver a controlled substance under Section
9		401 of the Illinois Controlled Substances Act.
10		(3) When Records Are Eligible to Be Sealed. Records
11		identified as eligible under subsection (c)(2) may be
12		sealed as follows:
13		(A) Records identified as eligible under
14		subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
15		time.
16		(B) Except as otherwise provided in subparagraph
17		(E) of this paragraph (3), records identified as
18		eligible under subsection (c)(2)(C) may be sealed 2
19		years after the termination of petitioner's last
20		sentence (as defined in subsection (a)(1)(F)).
21		(C) Except as otherwise provided in subparagraph
22		(E) of this paragraph (3), records identified as
23		eligible under subsections (c)(2)(D), (c)(2)(E), and
24		(c)(2)(F) may be sealed 3 years after the termination
25		of the petitioner's last sentence (as defined in
26		subsection (a)(1)(F)).

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1		(D) Records identified in subsection
2		(a)(3)(A)(iii) may be sealed after the petitioner has
3		reached the age of 25 years.
4		(E) Records identified as eligible under
5		subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
6		(c)(2)(F) may be sealed upon termination of the
7		petitioner's last sentence if the petitioner earned a
8		high school diploma, associate's degree, career
9		certificate, vocational technical certification, or
10		bachelor's degree, or passed the high school level Test
11		of General Educational Development, during the period
12		of his or her sentence, aftercare release, or mandatory
13		supervised release. This subparagraph shall apply only
14		to a petitioner who has not completed the same
15		educational goal prior to the period of his or her
16		sentence, aftercare release, or mandatory supervised
17		release. If a petition for sealing eligible records
18		filed under this subparagraph is denied by the court,
19		the time periods under subparagraph (B) or (C) shall
20		apply to any subsequent petition for sealing filed by
21		the petitioner.
22		(4) Subsequent felony convictions. A person may not
23		have subsequent felony conviction records sealed as
24		provided in this subsection (c) if he or she is convicted
25		of any felony offense after the date of the sealing of
26		prior felony convictions as provided in this subsection

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1		(c). The court may, upon conviction for a subsequent felony
2		offense, order the unsealing of prior felony conviction
3		records previously ordered sealed by the court.
4		(5) Notice of eligibility for sealing. Upon entry of a
5		disposition for an eligible record under this subsection
6		(c), the petitioner shall be informed by the court of the
7		right to have the records sealed and the procedures for the
8		sealing of the records.
9		(d) Procedure. The following procedures apply to
10		expungement under subsections (b), (e), and (e-6) and sealing
11		under subsections (c) and (e-5):
12		(1) Filing the petition. Upon becoming eligible to
13		petition for the expungement or sealing of records under
14		this Section, the petitioner shall file a petition
15		requesting the expungement or sealing of records with the
16		clerk of the court where the arrests occurred or the
17		charges were brought, or both. If arrests occurred or
18		charges were brought in multiple jurisdictions, a petition
19		must be filed in each such jurisdiction. The petitioner
20		shall pay the applicable fee, except no fee shall be
21		required if the petitioner has obtained a court order
22		waiving fees under Supreme Court Rule 298 or it is
23		otherwise waived.
24		(1.5) County fee waiver pilot program. In a county of
25		3,000,000 or more inhabitants, no fee shall be required to
26		be paid by a petitioner if the records sought to be

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1		expunged or sealed were arrests resulting in release
2		without charging or arrests or charges not initiated by
3		arrest resulting in acquittal, dismissal, or conviction
4		when the conviction was reversed or vacated, unless
5		excluded by subsection (a)(3)(B). The provisions of this
6		paragraph (1.5), other than this sentence, are inoperative
7		on and after January 1, 2018 or one year after January 1,
8		2017 (the effective date of Public Act 99-881) this
9		amendatory Act of the 99th General Assembly, whichever is
10		later.
11		(2) Contents of petition. The petition shall be
12		verified and shall contain the petitioner's name, date of
13		birth, current address and, for each arrest or charge not
14		initiated by arrest sought to be sealed or expunged, the
15		case number, the date of arrest (if any), the identity of
16		the arresting authority, and such other information as the
17		court may require. During the pendency of the proceeding,
18		the petitioner shall promptly notify the circuit court
19		clerk of any change of his or her address. If the
20		petitioner has received a certificate of eligibility for
21		sealing from the Prisoner Review Board under paragraph (10)
22		of subsection (a) of Section 3-3-2 of the Unified Code of
23		Corrections, the certificate shall be attached to the
24		petition.
25		(3) Drug test. The petitioner must attach to the
26		petition proof that the petitioner has passed a test taken

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1		within 30 days before the filing of the petition showing
2		the absence within his or her body of all illegal
3		substances as defined by the Illinois Controlled
4		Substances Act, the Methamphetamine Control and Community
5		Protection Act, and the Cannabis Control Act if he or she
6		is petitioning to:
7		(A) seal felony records under clause (c)(2)(E);
8		(B) seal felony records for a violation of the
9		Illinois Controlled Substances Act, the
10		Methamphetamine Control and Community Protection Act,
11		or the Cannabis Control Act under clause (c)(2)(F);
12		(C) seal felony records under subsection (e-5); or
13		(D) expunge felony records of a qualified
14		probation under clause (b)(1)(iv).
15		(4) Service of petition. The circuit court clerk shall
16		promptly serve a copy of the petition and documentation to
17		support the petition under subsection (e-5) or (e-6) on the
18		State's Attorney or prosecutor charged with the duty of
19		prosecuting the offense, the Department of State Police,
20		the arresting agency and the chief legal officer of the
21		unit of local government effecting the arrest.
22		(5) Objections.
23		(A) Any party entitled to notice of the petition
24		may file an objection to the petition. All objections
25		shall be in writing, shall be filed with the circuit
26		court clerk, and shall state with specificity the basis

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1		of the objection. Whenever a person who has been
2		convicted of an offense is granted a pardon by the
3		Governor which specifically authorizes expungement, an
4		objection to the petition may not be filed.
5		(B) Objections to a petition to expunge or seal
6		must be filed within 60 days of the date of service of
7		the petition.
8		(6) Entry of order.
9		(A) The Chief Judge of the circuit wherein the
10		charge was brought, any judge of that circuit
11		designated by the Chief Judge, or in counties of less
12		than 3,000,000 inhabitants, the presiding trial judge
13		at the petitioner's trial, if any, shall rule on the
14		petition to expunge or seal as set forth in this
15		subsection (d)(6).
16		(B) Unless the State's Attorney or prosecutor, the
17		Department of State Police, the arresting agency, or
18		the chief legal officer files an objection to the
19		petition to expunge or seal within 60 days from the
20		date of service of the petition, the court shall enter
21		an order granting or denying the petition.
22		(7) Hearings. If an objection is filed, the court shall
23		set a date for a hearing and notify the petitioner and all
24		parties entitled to notice of the petition of the hearing
25		date at least 30 days prior to the hearing. Prior to the
26		hearing, the State's Attorney shall consult with the

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1		Department as to the appropriateness of the relief sought
2		in the petition to expunge or seal. At the hearing, the
3		court shall hear evidence on whether the petition should or
4		should not be granted, and shall grant or deny the petition
5		to expunge or seal the records based on the evidence
6		presented at the hearing. The court may consider the
7		following:
8		(A) the strength of the evidence supporting the
9		defendant's conviction;
10		(B) the reasons for retention of the conviction
11		records by the State;
12		(C) the petitioner's age, criminal record history,
13		and employment history;
14		(D) the period of time between the petitioner's
15		arrest on the charge resulting in the conviction and
16		the filing of the petition under this Section; and
17		(E) the specific adverse consequences the
18		petitioner may be subject to if the petition is denied.
19		(8) Service of order. After entering an order to
20		expunge or seal records, the court must provide copies of
21		the order to the Department, in a form and manner
22		prescribed by the Department, to the petitioner, to the
23		State's Attorney or prosecutor charged with the duty of
24		prosecuting the offense, to the arresting agency, to the
25		chief legal officer of the unit of local government
26		effecting the arrest, and to such other criminal justice

HB3855 Engrossed - 145 - LRB100 05985 AMC 16014 b
1		agencies as may be ordered by the court.
2		(9) Implementation of order.
3		(A) Upon entry of an order to expunge records
4		pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
5		(i) the records shall be expunged (as defined
6		in subsection (a)(1)(E)) by the arresting agency,
7		the Department, and any other agency as ordered by
8		the court, within 60 days of the date of service of
9		the order, unless a motion to vacate, modify, or
10		reconsider the order is filed pursuant to
11		paragraph (12) of subsection (d) of this Section;
12		(ii) the records of the circuit court clerk
13		shall be impounded until further order of the court
14		upon good cause shown and the name of the
15		petitioner obliterated on the official index
16		required to be kept by the circuit court clerk
17		under Section 16 of the Clerks of Courts Act, but
18		the order shall not affect any index issued by the
19		circuit court clerk before the entry of the order;
20		and
21		(iii) in response to an inquiry for expunged
22		records, the court, the Department, or the agency
23		receiving such inquiry, shall reply as it does in
24		response to inquiries when no records ever
25		existed.
26		(B) Upon entry of an order to expunge records

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1		pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
2		(i) the records shall be expunged (as defined
3		in subsection (a)(1)(E)) by the arresting agency
4		and any other agency as ordered by the court,
5		within 60 days of the date of service of the order,
6		unless a motion to vacate, modify, or reconsider
7		the order is filed pursuant to paragraph (12) of
8		subsection (d) of this Section;
9		(ii) the records of the circuit court clerk
10		shall be impounded until further order of the court
11		upon good cause shown and the name of the
12		petitioner obliterated on the official index
13		required to be kept by the circuit court clerk
14		under Section 16 of the Clerks of Courts Act, but
15		the order shall not affect any index issued by the
16		circuit court clerk before the entry of the order;
17		(iii) the records shall be impounded by the
18		Department within 60 days of the date of service of
19		the order as ordered by the court, unless a motion
20		to vacate, modify, or reconsider the order is filed
21		pursuant to paragraph (12) of subsection (d) of
22		this Section;
23		(iv) records impounded by the Department may
24		be disseminated by the Department only as required
25		by law or to the arresting authority, the State's
26		Attorney, and the court upon a later arrest for the

HB3855 Engrossed - 147 - LRB100 05985 AMC 16014 b
1		same or a similar offense or for the purpose of
2		sentencing for any subsequent felony, and to the
3		Department of Corrections upon conviction for any
4		offense; and
5		(v) in response to an inquiry for such records
6		from anyone not authorized by law to access such
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-5) Upon entry of an order to expunge records
12		under subsection (e-6):
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 under 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

HB3855 Engrossed - 148 - LRB100 05985 AMC 16014 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		under paragraph (12) of subsection (d) of this
7		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 these records
17		from anyone not authorized by law to access the
18		records, the court, the Department, or the agency
19		receiving the inquiry shall reply as it does in
20		response to inquiries when no records ever
21		existed.
22		(C) Upon entry of an order to seal records under
23		subsection (c), the arresting agency, any other agency
24		as ordered by the court, the Department, and the court
25		shall seal the records (as defined in subsection
26		(a)(1)(K)). In response to an inquiry for such records,

HB3855 Engrossed - 149 - LRB100 05985 AMC 16014 b
1		from anyone not authorized by law to access such
2		records, the court, the Department, or the agency
3		receiving such inquiry shall reply as it does in
4		response to inquiries when no records ever existed.
5		(D) The Department shall send written notice to the
6		petitioner of its compliance with each order to expunge
7		or seal records within 60 days of the date of service
8		of that order or, if a motion to vacate, modify, or
9		reconsider is filed, within 60 days of service of the
10		order resolving the motion, if that order requires the
11		Department to expunge or seal records. In the event of
12		an appeal from the circuit court order, the Department
13		shall send written notice to the petitioner of its
14		compliance with an Appellate Court or Supreme Court
15		judgment to expunge or seal records within 60 days of
16		the issuance of the court's mandate. The notice is not
17		required while any motion to vacate, modify, or
18		reconsider, or any appeal or petition for
19		discretionary appellate review, is pending.
20		(10) Fees. The Department may charge the petitioner a
21		fee equivalent to the cost of processing any order to
22		expunge or seal records. Notwithstanding any provision of
23		the Clerks of Courts Act to the contrary, the circuit court
24		clerk may charge a fee equivalent to the cost associated
25		with the sealing or expungement of records by the circuit
26		court clerk. From the total filing fee collected for the

HB3855 Engrossed - 150 - LRB100 05985 AMC 16014 b
1		petition to seal or expunge, the circuit court clerk shall
2		deposit $10 into the Circuit Court Clerk Operation and
3		Administrative Fund, to be used to offset the costs
4		incurred by the circuit court clerk in performing the
5		additional duties required to serve the petition to seal or
6		expunge on all parties. The circuit court clerk shall
7		collect and forward the Department of State Police portion
8		of the fee to the Department and it shall be deposited in
9		the State Police Services Fund.
10		(11) Final Order. No court order issued under the
11		expungement or sealing provisions of this Section shall
12		become final for purposes of appeal until 30 days after
13		service of the order on the petitioner and all parties
14		entitled to notice of the petition.
15		(12) Motion to Vacate, Modify, or Reconsider. Under
16		Section 2-1203 of the Code of Civil Procedure, the
17		petitioner or any party entitled to notice may file a
18		motion to vacate, modify, or reconsider the order granting
19		or denying the petition to expunge or seal within 60 days
20		of service of the order. If filed more than 60 days after
21		service of the order, a petition to vacate, modify, or
22		reconsider shall comply with subsection (c) of Section
23		2-1401 of the Code of Civil Procedure. Upon filing of a
24		motion to vacate, modify, or reconsider, notice of the
25		motion shall be served upon the petitioner and all parties
26		entitled to notice of the petition.

HB3855 Engrossed - 151 - LRB100 05985 AMC 16014 b
1		(13) Effect of Order. An order granting a petition
2		under the expungement or sealing provisions of this Section
3		shall not be considered void because it fails to comply
4		with the provisions of this Section or because of any error
5		asserted in a motion to vacate, modify, or reconsider. The
6		circuit court retains jurisdiction to determine whether
7		the order is voidable and to vacate, modify, or reconsider
8		its terms based on a motion filed under paragraph (12) of
9		this subsection (d).
10		(14) Compliance with Order Granting Petition to Seal
11		Records. Unless a court has entered a stay of an order
12		granting a petition to seal, all parties entitled to notice
13		of the petition must fully comply with the terms of the
14		order within 60 days of service of the order even if a
15		party is seeking relief from the order through a motion
16		filed under paragraph (12) of this subsection (d) or is
17		appealing the order.
18		(15) Compliance with Order Granting Petition to
19		Expunge Records. While a party is seeking relief from the
20		order granting the petition to expunge through a motion
21		filed under paragraph (12) of this subsection (d) or is
22		appealing the order, and unless a court has entered a stay
23		of that order, the parties entitled to notice of the
24		petition must seal, but need not expunge, the records until
25		there is a final order on the motion for relief or, in the
26		case of an appeal, the issuance of that court's mandate.

HB3855 Engrossed - 152 - LRB100 05985 AMC 16014 b
1		(16) The changes to this subsection (d) made by Public
2		Act 98-163 apply to all petitions pending on August 5, 2013
3		(the effective date of Public Act 98-163) and to all orders
4		ruling on a petition to expunge or seal on or after August
5		5, 2013 (the effective date of Public Act 98-163).
6		(e) Whenever a person who has been convicted of an offense
7		is granted a pardon by the Governor which specifically
8		authorizes expungement, he or she may, upon verified petition
9		to the Chief Judge of the circuit where the person had been
10		convicted, any judge of the circuit designated by the Chief
11		Judge, or in counties of less than 3,000,000 inhabitants, the
12		presiding trial judge at the defendant's trial, have a court
13		order entered expunging the record of arrest from the official
14		records of the arresting authority and order that the records
15		of the circuit court clerk and the Department be sealed until
16		further order of the court upon good cause shown or as
17		otherwise provided herein, and the name of the defendant
18		obliterated from the official index requested to be kept by the
19		circuit court clerk under Section 16 of the Clerks of Courts
20		Act in connection with the arrest and conviction for the
21		offense for which he or she had been pardoned but the order
22		shall not affect any index issued by the circuit court clerk
23		before the entry of the order. All records sealed by the
24		Department may be disseminated by the Department only to the
25		arresting authority, the State's Attorney, and the court upon a
26		later arrest for the same or similar offense or for the purpose

HB3855 Engrossed - 153 - LRB100 05985 AMC 16014 b
1		of sentencing for any subsequent felony. Upon conviction for
2		any subsequent offense, the Department of Corrections shall
3		have access to all sealed records of the Department pertaining
4		to that individual. Upon entry of the order of expungement, the
5		circuit court clerk shall promptly mail a copy of the order to
6		the person who was pardoned.
7		(e-5) Whenever a person who has been convicted of an
8		offense is granted a certificate of eligibility for sealing by
9		the Prisoner Review Board which specifically authorizes
10		sealing, he or she may, upon verified petition to the Chief
11		Judge of the circuit where the person had been convicted, any
12		judge of the circuit designated by the Chief Judge, or in
13		counties of less than 3,000,000 inhabitants, the presiding
14		trial judge at the petitioner's trial, have a court order
15		entered sealing the record of arrest from the official records
16		of the arresting authority and order that the records of the
17		circuit court clerk and the Department be sealed until further
18		order of the court upon good cause shown or as otherwise
19		provided herein, and the name of the petitioner obliterated
20		from the official index requested to be kept by the circuit
21		court clerk under Section 16 of the Clerks of Courts Act in
22		connection with the arrest and conviction for the offense for
23		which he or she had been granted the certificate but the order
24		shall not affect any index issued by the circuit court clerk
25		before the entry of the order. All records sealed by the
26		Department may be disseminated by the Department only as

HB3855 Engrossed - 154 - LRB100 05985 AMC 16014 b
1		required by this Act or to the arresting authority, a law
2		enforcement agency, the State's Attorney, and the court upon a
3		later arrest for the same or similar offense or for the purpose
4		of sentencing for any subsequent felony. Upon conviction for
5		any subsequent offense, the Department of Corrections shall
6		have access to all sealed records of the Department pertaining
7		to that individual. Upon entry of the order of sealing, the
8		circuit court clerk shall promptly mail a copy of the order to
9		the person who was granted the certificate of eligibility for
10		sealing.
11		(e-6) Whenever a person who has been convicted of an
12		offense is granted a certificate of eligibility for expungement
13		by the Prisoner Review Board which specifically authorizes
14		expungement, he or she may, upon verified petition to the Chief
15		Judge of the circuit where the person had been convicted, any
16		judge of the circuit designated by the Chief Judge, or in
17		counties of less than 3,000,000 inhabitants, the presiding
18		trial judge at the petitioner's trial, have a court order
19		entered expunging the record of arrest from the official
20		records of the arresting authority and order that the records
21		of the circuit court clerk and the Department be sealed until
22		further order of the court upon good cause shown or as
23		otherwise provided herein, and the name of the petitioner
24		obliterated from the official index requested to be kept by the
25		circuit court clerk under Section 16 of the Clerks of Courts
26		Act in connection with the arrest and conviction for the

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1		offense for which he or she had been granted the certificate
2		but the order shall not affect any index issued by the circuit
3		court clerk before the entry of the order. All records sealed
4		by the Department may be disseminated by the Department only as
5		required by this Act or to the arresting authority, a law
6		enforcement agency, the State's Attorney, and the court upon a
7		later arrest for the same or similar offense or for the purpose
8		of sentencing for any subsequent felony. Upon conviction for
9		any subsequent offense, the Department of Corrections shall
10		have access to all expunged records of the Department
11		pertaining to that individual. Upon entry of the order of
12		expungement, the circuit court clerk shall promptly mail a copy
13		of the order to the person who was granted the certificate of
14		eligibility for expungement.
15		(f) Subject to available funding, the Illinois Department
16		of Corrections shall conduct a study of the impact of sealing,
17		especially on employment and recidivism rates, utilizing a
18		random sample of those who apply for the sealing of their
19		criminal records under Public Act 93-211. At the request of the
20		Illinois Department of Corrections, records of the Illinois
21		Department of Employment Security shall be utilized as
22		appropriate to assist in the study. The study shall not
23		disclose any data in a manner that would allow the
24		identification of any particular individual or employing unit.
25		The study shall be made available to the General Assembly no
26		later than September 1, 2010.

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1		(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
2		eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
3		eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
4		98-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
5		99-385, eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff.
6		7-29-16; 99-881, eff. 1-1-17; revised 9-2-16.)
7		Section 150. The Illinois Uniform Conviction Information
8		Act is amended by changing Section 3 as follows:
9		(20 ILCS 2635/3) (from Ch. 38, par. 1603)
10		Sec. 3. Definitions. Whenever used in this Act, and for the
11		purposes of this Act, unless the context clearly indicates
12		otherwise:
13		(A) "Accurate" means factually correct, containing no
14		mistake or error of a material nature.
15		(B) The phrase "administer the criminal laws" includes any
16		of the following activities: intelligence gathering,
17		surveillance, criminal investigation, crime detection and
18		prevention (including research), apprehension, detention,
19		pretrial or post-trial release, prosecution, the correctional
20		supervision or rehabilitation of accused persons or criminal
21		offenders, criminal identification activities, data analysis
22		and research done by the sentencing commission, or the
23		collection, maintenance or dissemination of criminal history
24		record information.

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1		(C) "The Authority" means the Illinois Criminal Justice
2		Information Authority.
3		(D) "Automated" means the utilization of computers,
4		telecommunication lines, or other automatic data processing
5		equipment for data collection or storage, analysis,
6		processing, preservation, maintenance, dissemination, or
7		display and is distinguished from a system in which such
8		activities are performed manually.
9		(E) "Complete" means accurately reflecting all the
10		criminal history record information about an individual that is
11		required to be reported to the Department pursuant to Section
12		2.1 of the Criminal Identification Act.
13		(F) "Conviction information" means data reflecting a
14		judgment of guilt or nolo contendere. The term includes all
15		prior and subsequent criminal history events directly relating
16		to such judgments, such as, but not limited to: (1) the
17		notation of arrest; (2) the notation of charges filed; (3) the
18		sentence imposed; (4) the fine imposed; and (5) all related
19		probation, parole, and release information. Information ceases
20		to be "conviction information" when a judgment of guilt is
21		reversed or vacated.
22		For purposes of this Act, continuances to a date certain in
23		furtherance of an order of supervision granted under Section
24		5-6-1 of the Unified Code of Corrections or an order of
25		probation granted under either Section 10 of the Cannabis
26		Control Act, Section 410 of the Illinois Controlled Substances

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1		Act, Section 70 of the Methamphetamine Control and Community
2		Protection Act, Section 12-4.3 or subdivision (b)(1) of Section
3		12-3.05 of the Criminal Code of 1961 or the Criminal Code of
4		2012, Section 10-102 of the Illinois Alcoholism and Other Drug
5		Dependency Act, Section 40-10 of the Alcoholism and Other Drug
6		Abuse and Dependency Act, or Section 10 of the Steroid Control
7		Act shall not be deemed "conviction information".
8		(G) "Criminal history record information" means data
9		identifiable to an individual, including information collected
10		under Section 4.5 of the Criminal Identification Act, and
11		consisting of descriptions or notations of arrests,
12		detentions, indictments, informations, pretrial proceedings,
13		trials, or other formal events in the criminal justice system
14		or descriptions or notations of criminal charges (including
15		criminal violations of local municipal ordinances) and the
16		nature of any disposition arising therefrom, including
17		sentencing, court or correctional supervision, rehabilitation
18		and release. The term does not apply to statistical records and
19		reports in which individuals individual are not identified and
20		from which their identities are not ascertainable, or to
21		information that is for criminal investigative or intelligence
22		purposes.
23		(H) "Criminal justice agency" means (1) a government agency
24		or any subunit thereof which is authorized to administer the
25		criminal laws and which allocates a substantial part of its
26		annual budget for that purpose, or (2) an agency supported by

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1		public funds which is authorized as its principal function to
2		administer the criminal laws and which is officially designated
3		by the Department as a criminal justice agency for purposes of
4		this Act.
5		(I) "The Department" means the Illinois Department of State
6		Police.
7		(J) "Director" means the Director of the Illinois
8		Department of State Police.
9		(K) "Disseminate" means to disclose or transmit conviction
10		information in any form, oral, written, or otherwise.
11		(L) "Exigency" means pending danger or the threat of
12		pending danger to an individual or property.
13		(M) "Non-criminal justice agency" means a State agency,
14		Federal agency, or unit of local government that is not a
15		criminal justice agency. The term does not refer to private
16		individuals, corporations, or non-governmental agencies or
17		organizations.
18		(M-5) "Request" means the submission to the Department, in
19		the form and manner required, the necessary data elements or
20		fingerprints, or both, to allow the Department to initiate a
21		search of its criminal history record information files.
22		(N) "Requester" means any private individual, corporation,
23		organization, employer, employment agency, labor organization,
24		or non-criminal justice agency that has made a request pursuant
25		to this Act to obtain conviction information maintained in the
26		files of the Department of State Police regarding a particular

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1		individual.
2		(O) "Statistical information" means data from which the
3		identity of an individual cannot be ascertained,
4		reconstructed, or verified and to which the identity of an
5		individual cannot be linked by the recipient of the
6		information.
7		(P) "Sentencing commission" means the Sentencing Policy
8		Advisory Council.
9		(Source: P.A. 98-528, eff. 1-1-15; 99-880, eff. 8-22-16;
10		revised 10-27-16.)
11		Section 155. The Department of Veterans Affairs Act is
12		amended by changing Section 20 as follows:
13		(20 ILCS 2805/20)
14		Sec. 20. Illinois Discharged Servicemember Task Force. The
15		Illinois Discharged Servicemember Task Force is hereby created
16		within the Department of Veterans' Veterans Affairs. The Task
17		Force shall investigate the re-entry process for service
18		members who return to civilian life after being engaged in an
19		active theater. The investigation shall include the effects of
20		post-traumatic stress disorder, homelessness, disabilities,
21		and other issues the Task Force finds relevant to the re-entry
22		process. For fiscal year 2012, the Task Force shall include the
23		availability of prosthetics in its investigation. For fiscal
24		year 2014, the Task Force shall include the needs of women

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1		veterans with respect to issues including, but not limited to,
2		compensation, rehabilitation, outreach, health care, and
3		issues facing women veterans in the community, and to offer
4		recommendations on how best to alleviate these needs which
5		shall be included in the Task Force Annual Report for 2014. The
6		Task Force shall include the following members:
7		(a) a representative of the Department of Veterans'
8		Veterans Affairs, who shall chair the committee;
9		(b) a representative from the Department of Military
10		Affairs;
11		(c) a representative from the Office of the Illinois
12		Attorney General;
13		(d) a member of the General Assembly appointed by the
14		Speaker of the House;
15		(e) a member of the General Assembly appointed by the
16		House Minority Leader;
17		(f) a member of the General Assembly appointed by the
18		President of the Senate;
19		(g) a member of the General Assembly appointed by the
20		Senate Minority Leader;
21		(h) 4 members chosen by the Department of Veterans'
22		Veterans Affairs, who shall represent statewide veterans'
23		organizations or veterans' homeless shelters;
24		(i) one member appointed by the Lieutenant Governor;
25		and
26		(j) a representative of the United States Department of

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1		Veterans Affairs shall be invited to participate.
2		Vacancies in the Task Force shall be filled by the initial
3		appointing authority. Task Force members shall serve without
4		compensation, but may be reimbursed for necessary expenses
5		incurred in performing duties associated with the Task Force.
6		By July 1, 2008 and by July 1 of each year thereafter, the
7		Task Force shall present an annual report of its findings to
8		the Governor, the Attorney General, the Director of Veterans'
9		Affairs, the Lieutenant Governor, and the Secretary of the
10		United States Department of Veterans Affairs.
11		If the Task Force becomes inactive because active theaters
12		cease, the Director of Veterans' Veterans Affairs may
13		reactivate the Task Force if active theaters are reestablished.
14		(Source: P.A. 97-414, eff. 1-1-12; 98-310, eff. 8-12-13;
15		revised 9-8-16.)
16		Section 160. The Illinois Finance Authority Act is amended
17		by changing Section 825-65 and the heading of Article 835 as
18		follows:
19		(20 ILCS 3501/825-65)
20		Sec. 825-65. Clean Coal, Coal, Energy Efficiency, and
21		Renewable Energy Project Financing.
22		(a) Findings and declaration of policy.
23		(i) It is hereby found and declared that Illinois has
24		abundant coal resources and, in some areas of Illinois, the

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1		demand for power exceeds the generating capacity.
2		Incentives to encourage the construction of coal-fueled
3		electric generating plants in Illinois to ensure power
4		generating capacity into the future and to advance clean
5		coal technology and the use of Illinois coal are in the
6		best interests of all of the citizens of Illinois.
7		(ii) It is further found and declared that Illinois has
8		abundant potential and resources to develop renewable
9		energy resource projects and that there are many
10		opportunities to invest in cost-effective energy
11		efficiency projects throughout the State. The development
12		of those projects will create jobs and investment as well
13		as decrease environmental impacts and promote energy
14		independence in Illinois. Accordingly, the development of
15		those projects is in the best interests of all of the
16		citizens of Illinois.
17		(iii) The Authority is authorized to issue bonds to
18		help finance Clean Coal, Coal, Energy Efficiency, and
19		Renewable Energy projects pursuant to this Section.
20		(b) Definitions.
21		(i) "Clean Coal Project" means (A) "clean coal
22		facility", as defined in Section 1-10 of the Illinois Power
23		Agency Act; (B) "clean coal SNG facility", as defined in
24		Section 1-10 of the Illinois Power Agency Act; (C)
25		transmission lines and associated equipment that transfer
26		electricity from points of supply to points of delivery for

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1		projects described in this subsection (b); (D) pipelines or
2		other methods to transfer carbon dioxide from the point of
3		production to the point of storage or sequestration for
4		projects described in this subsection (b); or (E) projects
5		to provide carbon abatement technology for existing
6		generating facilities.
7		(ii) "Coal Project" means new electric generating
8		facilities or new gasification facilities, as defined in
9		Section 605-332 of the Department of Commerce and Economic
10		Opportunity Law of the Civil Administrative Code of
11		Illinois, which may include mine-mouth power plants,
12		projects that employ the use of clean coal technology,
13		projects to provide scrubber technology for existing
14		energy generating plants, or projects to provide electric
15		transmission facilities or new gasification facilities.
16		(iii) "Energy Efficiency Project" means measures that
17		reduce the amount of electricity or natural gas required to
18		achieve a given end use, consistent with Section 1-10 of
19		the Illinois Power Agency Act. "Energy Efficiency Project"
20		also includes measures that reduce the total Btus of
21		electricity and natural gas needed to meet the end use or
22		uses consistent with Section 1-10 of the Illinois Power
23		Agency Act.
24		(iv) "Renewable Energy Project" means (A) a project
25		that uses renewable energy resources, as defined in Section
26		1-10 of the Illinois Power Agency Act; (B) a project that

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1		uses environmentally preferable technologies and practices
2		that result in improvements to the production of renewable
3		fuels, including but not limited to, cellulosic
4		conversion, water and energy conservation, fractionation,
5		alternative feedstocks, or reduced greenhouse green house
6		gas emissions; (C) transmission lines and associated
7		equipment that transfer electricity from points of supply
8		to points of delivery for projects described in this
9		subsection (b); or (D) projects that use technology for the
10		storage of renewable energy, including, without
11		limitation, the use of battery or electrochemical storage
12		technology for mobile or stationary applications.
13		(c) Creation of reserve funds. The Authority may establish
14		and maintain one or more reserve funds to enhance bonds issued
15		by the Authority for a Clean Coal Project, a Coal Project, an
16		Energy Efficiency Project, or a Renewable Energy Project. There
17		may be one or more accounts in these reserve funds in which
18		there may be deposited:
19		(1) any proceeds of the bonds issued by the Authority
20		required to be deposited therein by the terms of any
21		contract between the Authority and its bondholders or any
22		resolution of the Authority;
23		(2) any other moneys or funds of the Authority that it
24		may determine to deposit therein from any other source; and
25		(3) any other moneys or funds made available to the
26		Authority. Subject to the terms of any pledge to the owners

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1		of any bonds, moneys in any reserve fund may be held and
2		applied to the payment of principal, premium, if any, and
3		interest of such bonds.
4		(d) Powers and duties. The Authority has the power:
5		(1) To issue bonds in one or more series pursuant to
6		one or more resolutions of the Authority for any Clean Coal
7		Project, Coal Project, Energy Efficiency Project, or
8		Renewable Energy Project authorized under this Section,
9		within the authorization set forth in subsection (e).
10		(2) To provide for the funding of any reserves or other
11		funds or accounts deemed necessary by the Authority in
12		connection with any bonds issued by the Authority.
13		(3) To pledge any funds of the Authority or funds made
14		available to the Authority that may be applied to such
15		purpose as security for any bonds or any guarantees,
16		letters of credit, insurance contracts or similar credit
17		support or liquidity instruments securing the bonds.
18		(4) To enter into agreements or contracts with third
19		parties, whether public or private, including, without
20		limitation, the United States of America, the State or any
21		department or agency thereof, to obtain any
22		appropriations, grants, loans or guarantees that are
23		deemed necessary or desirable by the Authority. Any such
24		guarantee, agreement or contract may contain terms and
25		provisions necessary or desirable in connection with the
26		program, subject to the requirements established by the

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1		Act.
2		(5) To exercise such other powers as are necessary or
3		incidental to the foregoing.
4		(e) Clean Coal Project, Coal Project, Energy Efficiency
5		Project, and Renewable Energy Project bond authorization and
6		financing limits. In addition to any other bonds authorized to
7		be issued under Sections 801-40(w), 825-60, 830-25 and 845-5,
8		the Authority may have outstanding, at any time, bonds for the
9		purpose enumerated in this Section 825-65 in an aggregate
10		principal amount that shall not exceed $3,000,000,000, subject
11		to the following limitations: (i) up to $300,000,000 may be
12		issued to finance projects, as described in clause (C) of
13		subsection (b)(i) and clause (C) of subsection (b)(iv) of this
14		Section 825-65; (ii) up to $500,000,000 may be issued to
15		finance projects, as described in clauses (D) and (E) of
16		subsection (b)(i) of this Section 825-65; (iii) up to
17		$2,000,000,000 may be issued to finance Clean Coal Projects, as
18		described in clauses (A) and (B) of subsection (b)(i) of this
19		Section 825-65 and Coal Projects, as described in subsection
20		(b)(ii) of this Section 825-65; and (iv) up to $2,000,000,000
21		may be issued to finance Energy Efficiency Projects, as
22		described in subsection (b)(iii) of this Section 825-65 and
23		Renewable Energy Projects, as described in clauses (A), (B),
24		and (D) of subsection (b)(iii) of this Section 825-65. An
25		application for a loan financed from bond proceeds from a
26		borrower or its affiliates for a Clean Coal Project, a Coal

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1		Project, Energy Efficiency Project, or a Renewable Energy
2		Project may not be approved by the Authority for an amount in
3		excess of $450,000,000 for any borrower or its affiliates. A
4		Clean Coal Project or Coal Project must be located within the
5		State. An Energy Efficiency Project may be located within the
6		State or outside the State, provided that, if the Energy
7		Efficiency Project is located outside of the State, it must be
8		owned, operated, leased, or managed by an entity located within
9		the State or any entity affiliated with an entity located
10		within the State. These bonds shall not constitute an
11		indebtedness or obligation of the State of Illinois and it
12		shall be plainly stated on the face of each bond that it does
13		not constitute an indebtedness or obligation of the State of
14		Illinois, but is payable solely from the revenues, income or
15		other assets of the Authority pledged therefor.
16		(f) The bonding authority granted under this Section is in
17		addition to and not limited by the provisions of Section 845-5.
18		(Source: P.A. 98-90, eff. 7-15-13; revised 9-8-16.)
19		(20 ILCS 3501/Art. 835 heading)
20		ARTICLE 835 .
21		VETERANS ASSISTANCE
22		(Source: P.A. 99-509, eff. 6-24-16; revised 10-26-16.)
23		Section 165. The Alton Lake Heritage Parkway Corridor Law
24		is amended by changing Section 1005 as follows:

HB3855 Engrossed - 169 - LRB100 05985 AMC 16014 b
1		(20 ILCS 3905/1005) (from Ch. 105, par. 905)
2		Sec. 1005. Advisory Commission. The State of Illinois, in
3		carrying forward its duties to preserve or enhance the quality
4		of this Parkway Corridor, shall establish the Alton Lake
5		Heritage Parkway Advisory Commission. Beginning on January 1,
6		1994 (the effective date of Public Act 88-274) this amendatory
7		Act of 1993, the Commission shall be known as, and its name
8		shall be changed to, the Alton Lake Heritage Parkway Corridor
9		Advisory Commission.
10		The Commission shall consist of 10 members, one each from
11		Alton and Godfrey Townships in Madison County, one each from
12		Quarry and Elsah Townships in Jersey County, one each from the
13		cities of Alton, Elsah, and Grafton, one from the Village of
14		Godfrey, and one each from Madison and Jersey Counties. The
15		Supervisor of each Township, the Mayor of each municipality,
16		and the County Board Chairman of each county shall appoint the
17		members from their respective township, municipality, or
18		county. The Mississippi River Parkway Advisory Council shall
19		serve as a technical advisory body to the Commission.
20		The Commission will develop a land management plan that it
21		will recommend to the General Assembly by November 1, 1992.
22		The plan shall be subject to a public informational meeting
23		prior to it being sent to the General Assembly. Thereafter the
24		Commission is authorized to facilitate, coordinate, make
25		recommendations for implementing, and assist in implementing

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1		the land management plan in the parkway corridor and its
2		viewshed, conservation, and open land-agricultural cores.
3		The Commission may raise, accept, and expend funds from
4		public and private sources for the purpose of developing,
5		facilitating and coordinating and making recommendations for
6		the implementation of, and assisting in the implementation of,
7		the land management plan in the parkway corridor.
8		Using funds that it receives as authorized by this Section,
9		the Commission may select and contract with a multidiscipline
10		design consultant to assist the Commission in the design and
11		development of the parkway corridor.
12		The Commission is authorized to cooperate with
13		not-for-profit corporations empowered to establish trusts to
14		acquire and hold title to scenic easements and other interests
15		in land for the purposes of this Article and implementation of
16		the land management plan in the parkway corridor.
17		(Source: P.A. 87-215; 87-867; 87-964; 88-45; 88-274; revised
18		9-19-16.)
19		Section 170. The Illinois Health Facilities Planning Act is
20		amended by changing Section 8.5 as follows:
21		(20 ILCS 3960/8.5)
22		(Section scheduled to be repealed on December 31, 2019)
23		Sec. 8.5. Certificate of exemption for change of ownership
24		of a health care facility; discontinuation of a health care

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1		facility or category of service; public notice and public
2		hearing.
3		(a) Upon a finding that an application for a change of
4		ownership is complete, the State Board shall publish a legal
5		notice on one day in a newspaper of general circulation in the
6		area or community to be affected and afford the public an
7		opportunity to request a hearing. If the application is for a
8		facility located in a Metropolitan Statistical Area, an
9		additional legal notice shall be published in a newspaper of
10		limited circulation, if one exists, in the area in which the
11		facility is located. If the newspaper of limited circulation is
12		published on a daily basis, the additional legal notice shall
13		be published on one day. The applicant shall pay the cost
14		incurred by the Board in publishing the change of ownership
15		notice in newspapers as required under this subsection. The
16		legal notice shall also be posted on the Health Facilities and
17		Services Review Board's web site and sent to the State
18		Representative and State Senator of the district in which the
19		health care facility is located. An application for change of
20		ownership of a hospital shall not be deemed complete without a
21		signed certification that for a period of 2 years after the
22		change of ownership transaction is effective, the hospital will
23		not adopt a charity care policy that is more restrictive than
24		the policy in effect during the year prior to the transaction.
25		An application for a change of ownership need not contain
26		signed transaction documents so long as it includes the

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1		following key terms of the transaction: names and background of
2		the parties; structure of the transaction; the person who will
3		be the licensed or certified entity after the transaction; the
4		ownership or membership interests in such licensed or certified
5		entity both prior to and after the transaction; fair market
6		value of assets to be transferred; and the purchase price or
7		other form of consideration to be provided for those assets.
8		The issuance of the certificate of exemption shall be
9		contingent upon the applicant submitting a statement to the
10		Board within 90 days after the closing date of the transaction,
11		or such longer period as provided by the Board, certifying that
12		the change of ownership has been completed in accordance with
13		the key terms contained in the application. If such key terms
14		of the transaction change, a new application shall be required.
15		Where a change of ownership is among related persons, and
16		there are no other changes being proposed at the health care
17		facility that would otherwise require a permit or exemption
18		under this Act, the applicant shall submit an application
19		consisting of a standard notice in a form set forth by the
20		Board briefly explaining the reasons for the proposed change of
21		ownership. Once such an application is submitted to the Board
22		and reviewed by the Board staff, the Board Chair shall take
23		action on an application for an exemption for a change of
24		ownership among related persons within 45 days after the
25		application has been deemed complete, provided the application
26		meets the applicable standards under this Section. If the Board

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1		Chair has a conflict of interest or for other good cause, the
2		Chair may request review by the Board. Notwithstanding any
3		other provision of this Act, for purposes of this Section, a
4		change of ownership among related persons means a transaction
5		where the parties to the transaction are under common control
6		or ownership before and after the transaction is completed.
7		Nothing in this Act shall be construed as authorizing the
8		Board to impose any conditions, obligations, or limitations,
9		other than those required by this Section, with respect to the
10		issuance of an exemption for a change of ownership, including,
11		but not limited to, the time period before which a subsequent
12		change of ownership of the health care facility could be
13		sought, or the commitment to continue to offer for a specified
14		time period any services currently offered by the health care
15		facility.
16		(a-3) Upon a finding that an application to close a health
17		care facility is complete, the State Board shall publish a
18		legal notice on 3 consecutive days in a newspaper of general
19		circulation in the area or community to be affected and afford
20		the public an opportunity to request a hearing. If the
21		application is for a facility located in a Metropolitan
22		Statistical Area, an additional legal notice shall be published
23		in a newspaper of limited circulation, if one exists, in the
24		area in which the facility is located. If the newspaper of
25		limited circulation is published on a daily basis, the
26		additional legal notice shall be published on 3 consecutive

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1		days. The legal notice shall also be posted on the Health
2		Facilities and Services Review Board's web site and sent to the
3		State Representative and State Senator of the district in which
4		the health care facility is located. In addition, the health
5		care facility shall provide notice of closure to the local
6		media that the health care facility would routinely notify
7		about facility events. No later than 90 days after a
8		discontinuation of a health facility, the applicant must submit
9		a statement to the State Board certifying that the
10		discontinuation is complete.
11		(a-5) Upon a finding that an application to discontinue a
12		category of service is complete and provides the requested
13		information, as specified by the State Board, an exemption
14		shall be issued. No later than 30 days after the issuance of
15		the exemption, the health care facility must give written
16		notice of the discontinuation of the category of service to the
17		State Senator and State Representative serving the legislative
18		district in which the health care facility is located. No later
19		than 90 days after a discontinuation of a category of service,
20		the applicant must submit a statement to the State Board
21		certifying that the discontinuation is complete.
22		(b) If a public hearing is requested, it shall be held at
23		least 15 days but no more than 30 days after the date of
24		publication of the legal notice in the community in which the
25		facility is located. The hearing shall be held in the affected
26		area or community in a place of reasonable size and

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1		accessibility and a full and complete written transcript of the
2		proceedings shall be made. All interested persons attending the
3		hearing shall be given a reasonable opportunity to present
4		their positions in writing or orally. The applicant shall
5		provide a summary of the proposal for distribution at the
6		public hearing.
7		(c) For the purposes of this Section "newspaper of limited
8		circulation" means a newspaper intended to serve a particular
9		or defined population of a specific geographic area within a
10		Metropolitan Statistical Area such as a municipality, town,
11		village, township, or community area, but does not include
12		publications of professional and trade associations.
13		(Source: P.A. 98-1086, eff. 8-26-14; 99-154, eff. 7-28-15;
14		99-527, eff. 1-1-17; 99-551, eff. 7-15-16; revised 9-13-16.)
15		Section 175. The Illinois Latino Family Commission Act is
16		amended by changing Section 5 as follows:
17		(20 ILCS 3983/5)
18		Sec. 5. Legislative findings Findings. It is the policy of
19		this State to promote family preservation and to strengthen
20		families.
21		Latinos are well represented among the families of
22		Illinois. The Illinois Latino population is the fifth largest
23		in the nation. Over 14% of the estimated 12,000,000 people that
24		live in Illinois are Latinos. According to the 2000 Census

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1		figures, more than 1,750,000 Latinos make Illinois their home.
2		This figure represents a 69.2% increase from the 1990 Census
3		figures compared to about 3.5% for non-Latinos. The Latino
4		population explosion accounted for two-thirds of the total
5		population change in Illinois and it is visible throughout the
6		State.
7		In Cook County alone, the Latino population has increased
8		to about 1,071,740. In the 6 county region including Cook
9		County, nearly 69% of new residents were Hispanic. Roughly
10		23.7% of Kane County residents are Latino. In Lake County,
11		Latinos make up 14.4% of the total county population.
12		Latinos are not only the fastest growing ethnic group in
13		the State, they are also the youngest. The median age for
14		Latinos in Illinois is 25, compared to 36 for non-Latinos.
15		Despite unprecedented population growth, Latinos lag behind in
16		major indicators of well-being relative to education, health,
17		employment, and child welfare, as well as representation
18		throughout the State. Moreover, Latino children and families
19		present unique linguistic, cultural, and immigration issues
20		for the State.
21		Latinos have a well-established presence in the child
22		welfare system. Of the total 86,973 children that were reported
23		abused or neglected in Fiscal Year 2001, about 8,442 or 9.7%
24		were Hispanic children. About 25% of these hotline reports were
25		indicated, for a total of 2,155 Latino children in Fiscal Year
26		2001. As of August 2003, there were about 1,367 open Latino

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1		child abuse cases in Illinois. This figure is only slightly
2		lower than the 1,491 open Latino child cases reported for the
3		previous fiscal year. Hispanic cases make up about 6% of all
4		open child cases (excluding adoption assistance and home of
5		parent living arrangement). Latino families receiving services
6		make up about 16% of all intact family cases. It is estimated
7		that between 60% and 80% of all Latino families involved with
8		the Illinois Department of Children Child and Family Services
9		(IDCFS) will need bilingual services at some point during the
10		time their case is open. However, IDCFS struggles to meet the
11		demand for bilingual services. There are similar examples
12		throughout the State demonstrating that Illinois lacks a
13		unified and comprehensive strategy for addressing the unique
14		needs of Latino families.
15		Latino families remain outside of the margins of
16		opportunities in the State. There are tremendous challenges
17		faced by Latino families and children in the State. Clearly,
18		the growing Latino presence demands that government, child and
19		family advocates, and other key stakeholders come together to
20		identify and implement policy strategies that can create an
21		infrastructure of support for Latino families in the State.
22		Building this needed infrastructure of policies must involve
23		multiple State agencies. The Illinois Latino Family Commission
24		shall lead the effort, advising the Governor and assisting
25		State agencies with this task.
26		(Source: P.A. 95-619, eff. 9-14-07; revised 9-16-16.)

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1		Section 180. The Fair Practices in Contracting Task Force
2		Act is amended by changing Section 5 as follows:
3		(20 ILCS 5080/5)
4		(Section scheduled to be repealed on January 2, 2019)
5		Sec. 5. Purpose and members.
6		(a) There is created the Fair Practices in Contracting Task
7		Force to:
8		(1) thoroughly survey African-American-owned business
9		participation in State procurement;
10		(2) study African-American-owned subcontractors'
11		ability to be paid in a timely manner and the communication
12		processes between subcontractors and prime contractors and
13		the State;
14		(3) research solutions and methods to address the
15		disparity in procurement awards; and
16		(4) produce a final report summarizing the Task Force's
17		findings and detailing recommended statutory or
18		constitutional strategies to recognize best practices.
19		(b) The Task Force shall consist of the following members:
20		(1) One member of the House of Representatives,
21		appointed by the Speaker of the House of Representatives;
22		(2) One member of the House of Representatives,
23		appointed by the Minority Leader of the House of
24		Representatives;

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1		(3) One member of the Senate, appointed by the
2		President of the Senate;
3		(4) One member of the Senate, appointed by the Minority
4		Leader of the Senate;
5		(5) Four members appointed by the Governor, 3 of whom
6		must be from the Department of Central Management Services,
7		the Department of Transportation, or the Department of
8		Healthcare Health and Family Services, and one of whom must
9		be a member of the Illinois African-American Family
10		Commission; and
11		(6) Four members of the public, representing
12		minority-owned businesses, appointed by the Governor.
13		(c) Members shall serve without compensation.
14		(Source: P.A. 99-451, eff. 6-1-16; revised 9-12-16.)
15		Section 185. The Judicial Note Act is amended by changing
16		Section 2 as follows:
17		(25 ILCS 60/2) (from Ch. 63, par. 42.62)
18		Sec. 2. The sponsor of each bill referred to in Section 1,
19		shall present a copy of the bill, with his requirements for a
20		judicial note, to the Supreme Court. The judicial note shall be
21		prepared by the Supreme Court and furnished to the sponsor of
22		the bill within 5 calendar days thereafter; except that
23		whenever, because of the complexity of the measure, additional
24		time is required for the preparation of the judicial note the

HB3855 Engrossed - 180 - LRB100 05985 AMC 16014 b
1		Supreme Court may so inform the sponsor of the bill and he may
2		approve an extension of the time within which the note should
3		be furnished, not to extend, however, beyond June 15 the odd
4		numbered year following the date of request. Whenever any
5		measure by which a judicial note is requested affects effects
6		more than one county, circuit, or judicial district, such
7		effect must be set forth in the judicial note.
8		(Source: P.A. 84-1395; revised 9-6-16.)
9		Section 190. The Housing Affordability Impact Note Act is
10		amended by changing Section 10 as follows:
11		(25 ILCS 82/10)
12		Sec. 10. Preparation. The sponsor of each bill, or the
13		agency proposing a rule, to which Section Sec. 5 applies, shall
14		present a copy of the bill or proposed rule, with the request
15		for a housing affordability impact note, to the Illinois
16		Housing Development Authority. The housing affordability
17		impact note shall be prepared by the Illinois Housing
18		Development Authority and submitted to the sponsor of the bill
19		or the agency within 5 calendar days, except that whenever,
20		because of the complexity of the measure, additional time is
21		required for the preparation of the housing affordability
22		impact note, the Illinois Housing Development Authority may
23		inform the sponsor of the bill or the agency, and the sponsor
24		or agency may approve an extension of the time within which the

HB3855 Engrossed - 181 - LRB100 05985 AMC 16014 b
1		note is to be submitted, not to extend, however, beyond June
2		15, following the date of the request. The Illinois Housing
3		Development Authority may seek assistance from a Statewide
4		trade organization representing the real estate or home
5		building industry in the preparation of a housing affordability
6		impact note. If, in the opinion of the Illinois Housing
7		Development Authority, there is insufficient information to
8		prepare a reliable estimate of the anticipated impact, a
9		statement to that effect can be filed and shall meet the
10		requirements of this Act.
11		(Source: P.A. 87-1149; 88-61; revised 9-7-16.)
12		Section 195. The State Finance Act is amended by setting
13		forth and renumbering multiple versions of Sections 5.595 and
14		5.875 and by changing Sections 6z-9 and 8g as follows:
15		(30 ILCS 105/5.595)
16		Sec. 5.595. (Repealed).
17		(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 99-576,
18		eff. 7-15-16.)
19		(30 ILCS 105/5.595a)
20		Sec. 5.595a 5.595. The Local Legacy Fund.
21		(Source: P.A. 93-328, eff. 1-1-04; revised 10-4-16.)
22		(30 ILCS 105/5.874)

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1		Sec. 5.874 5.875. The Child Bereavement Fund.
2		(Source: P.A. 99-703, eff. 7-29-16; revised 10-4-16.)
3		(30 ILCS 105/5.875)
4		Sec. 5.875. The Roadside Monarch Habitat Fund.
5		(Source: P.A. 99-723, eff. 8-5-16.)
6		(30 ILCS 105/5.876)
7		Sec. 5.876 5.875. The State Military Justice Fund.
8		(Source: P.A. 99-796, eff. 1-1-17; revised 10-4-16.)
9		(30 ILCS 105/6z-9) (from Ch. 127, par. 142z-9)
10		Sec. 6z-9. (a) The Build Illinois Fund is created in the
11		State Treasury. All tax revenues and other moneys from whatever
12		source which by law are required to be deposited in the Build
13		Illinois Fund shall be paid into the Build Illinois Fund upon
14		their collection, payment or other receipt as provided by law,
15		including the pledge set forth in Section 12 of the Build
16		Illinois Bond Act. All tax revenues and other moneys paid into
17		the Build Illinois Fund shall be promptly invested by the State
18		Treasurer in accordance with law, and all interest or other
19		earnings accruing or received thereon shall be credited to and
20		paid into the Build Illinois Fund. No tax revenues or other
21		moneys, interest or earnings paid into the Build Illinois Fund
22		shall be transferred or allocated by the Comptroller or
23		Treasurer to any other fund, nor shall the Governor authorize

HB3855 Engrossed - 183 - LRB100 05985 AMC 16014 b
1		any such transfer or allocation, nor shall any tax revenues or
2		other moneys, interest or earnings paid into the Build Illinois
3		Fund be used, temporarily or otherwise, for interfund
4		borrowing, or be otherwise used or appropriated, except as
5		expressly authorized and provided in Section 8.25 of this Act
6		for the sole purposes and subject to the priorities,
7		limitations and conditions prescribed therein.
8		(b) The tax revenues and other moneys shall be paid into
9		the Build Illinois Fund pursuant to Section 6z-17 of this Act,
10		Section 28 of the "Illinois Horse Racing Act of 1975", as
11		amended, Section 9 of the "Use Tax Act", as amended, Section 9
12		of the "Service Use Tax Act", as amended, Section 9 of the
13		"Service Occupation Tax Act", as amended, Section 3 of the
14		"Retailers' Occupation Tax Act", as amended, Section 4.05 of
15		the "Chicago World's Fair - 1992 Authority Act", as amended,
16		and Sections 3 and 6 of the "The Hotel Operators' Occupation
17		Tax Act", as amended.
18		(Source: P.A. 91-51, eff. 6-30-99; revised 9-8-16.)
19		(30 ILCS 105/8g)
20		Sec. 8g. Fund transfers.
21		(a) In addition to any other transfers that may be provided
22		for by law, as soon as may be practical after June 9, 1999 (the
23		effective date of Public Act 91-25) this amendatory Act of the
24		91st General Assembly, the State Comptroller shall direct and
25		the State Treasurer shall transfer the sum of $10,000,000 from

HB3855 Engrossed - 184 - LRB100 05985 AMC 16014 b
1		the General Revenue Fund to the Motor Vehicle License Plate
2		Fund created by Public Act 91-37 Senate Bill 1028 of the 91st
3		General Assembly.
4		(b) In addition to any other transfers that may be provided
5		for by law, as soon as may be practical after June 9, 1999 (the
6		effective date of Public Act 91-25) this amendatory Act of the
7		91st General Assembly, the State Comptroller shall direct and
8		the State Treasurer shall transfer the sum of $25,000,000 from
9		the General Revenue Fund to the Fund for Illinois' Future
10		created by Public Act 91-38 Senate Bill 1066 of the 91st
11		General Assembly.
12		(c) In addition to any other transfers that may be provided
13		for by law, on August 30 of each fiscal year's license period,
14		the Illinois Liquor Control Commission shall direct and the
15		State Comptroller and State Treasurer shall transfer from the
16		General Revenue Fund to the Youth Alcoholism and Substance
17		Abuse Prevention Fund an amount equal to the number of retail
18		liquor licenses issued for that fiscal year multiplied by $50.
19		(d) The payments to programs required under subsection (d)
20		of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
21		be made, pursuant to appropriation, from the special funds
22		referred to in the statutes cited in that subsection, rather
23		than directly from the General Revenue Fund.
24		Beginning January 1, 2000, on the first day of each month,
25		or as soon as may be practical thereafter, the State
26		Comptroller shall direct and the State Treasurer shall transfer

HB3855 Engrossed - 185 - LRB100 05985 AMC 16014 b
1		from the General Revenue Fund to each of the special funds from
2		which payments are to be made under Section 28.1(d) of the
3		Illinois Horse Racing Act of 1975 an amount equal to 1/12 of
4		the annual amount required for those payments from that special
5		fund, which annual amount shall not exceed the annual amount
6		for those payments from that special fund for the calendar year
7		1998. The special funds to which transfers shall be made under
8		this subsection (d) include, but are not necessarily limited
9		to, the Agricultural Premium Fund; the Metropolitan
10		Exposition, Auditorium and Office Building Fund; the Fair and
11		Exposition Fund; the Illinois Standardbred Breeders Fund; the
12		Illinois Thoroughbred Breeders Fund; and the Illinois
13		Veterans' Rehabilitation Fund.
14		(e) In addition to any other transfers that may be provided
15		for by law, as soon as may be practical after May 17, 2000 (the
16		effective date of Public Act 91-704) this amendatory Act of the
17		91st General Assembly, but in no event later than June 30,
18		2000, the State Comptroller shall direct and the State
19		Treasurer shall transfer the sum of $15,000,000 from the
20		General Revenue Fund to the Fund for Illinois' Future.
21		(f) In addition to any other transfers that may be provided
22		for by law, as soon as may be practical after May 17, 2000 (the
23		effective date of Public Act 91-704) this amendatory Act of the
24		91st General Assembly, but in no event later than June 30,
25		2000, the State Comptroller shall direct and the State
26		Treasurer shall transfer the sum of $70,000,000 from the

HB3855 Engrossed - 186 - LRB100 05985 AMC 16014 b
1		General Revenue Fund to the Long-Term Care Provider Fund.
2		(f-1) In fiscal year 2002, in addition to any other
3		transfers that may be provided for by law, at the direction of
4		and upon notification from the Governor, the State Comptroller
5		shall direct and the State Treasurer shall transfer amounts not
6		exceeding a total of $160,000,000 from the General Revenue Fund
7		to the Long-Term Care Provider Fund.
8		(g) In addition to any other transfers that may be provided
9		for by law, on July 1, 2001, or as soon thereafter as may be
10		practical, the State Comptroller shall direct and the State
11		Treasurer shall transfer the sum of $1,200,000 from the General
12		Revenue Fund to the Violence Prevention Fund.
13		(h) In each of fiscal years 2002 through 2004, but not
14		thereafter, in addition to any other transfers that may be
15		provided for by law, the State Comptroller shall direct and the
16		State Treasurer shall transfer $5,000,000 from the General
17		Revenue Fund to the Tourism Promotion Fund.
18		(i) On or after July 1, 2001 and until May 1, 2002, in
19		addition to any other transfers that may be provided for by
20		law, at the direction of and upon notification from the
21		Governor, the State Comptroller shall direct and the State
22		Treasurer shall transfer amounts not exceeding a total of
23		$80,000,000 from the General Revenue Fund to the Tobacco
24		Settlement Recovery Fund. Any amounts so transferred shall be
25		re-transferred by the State Comptroller and the State Treasurer
26		from the Tobacco Settlement Recovery Fund to the General

HB3855 Engrossed - 187 - LRB100 05985 AMC 16014 b
1		Revenue Fund at the direction of and upon notification from the
2		Governor, but in any event on or before June 30, 2002.
3		(i-1) On or after July 1, 2002 and until May 1, 2003, in
4		addition to any other transfers that may be provided for by
5		law, at the direction of and upon notification from the
6		Governor, the State Comptroller shall direct and the State
7		Treasurer shall transfer amounts not exceeding a total of
8		$80,000,000 from the General Revenue Fund to the Tobacco
9		Settlement Recovery Fund. Any amounts so transferred shall be
10		re-transferred by the State Comptroller and the State Treasurer
11		from the Tobacco Settlement Recovery Fund to the General
12		Revenue Fund at the direction of and upon notification from the
13		Governor, but in any event on or before June 30, 2003.
14		(j) On or after July 1, 2001 and no later than June 30,
15		2002, in addition to any other transfers that may be provided
16		for by law, at the direction of and upon notification from the
17		Governor, the State Comptroller shall direct and the State
18		Treasurer shall transfer amounts not to exceed the following
19		sums into the Statistical Services Revolving Fund:
20 From the General Revenue Fund................. $8,450,000 21 From the Public Utility Fund.................. 1,700,000 22 From the Transportation Regulatory Fund....... 2,650,000 23 From the Title III Social Security and 24 Employment Fund.............................. 3,700,000 25 From the Professions Indirect Cost Fund....... 4,050,000 26 From the Underground Storage Tank Fund........ 550,000

HB3855 Engrossed - 188 - LRB100 05985 AMC 16014 b
1 From the Agricultural Premium Fund............ 750,000 2 From the State Pensions Fund.................. 200,000 3 From the Road Fund............................ 2,000,000 4 From the Illinois Health Facilities 5 Planning Fund................................ 1,000,000 6 From the Savings and Residential Finance 7 Regulatory Fund.............................. 130,800 8 From the Appraisal Administration Fund........ 28,600 9 From the Pawnbroker Regulation Fund........... 3,600 10 From the Auction Regulation 11 Administration Fund.......................... 35,800 12 From the Bank and Trust Company Fund.......... 634,800 13 From the Real Estate License 14 Administration Fund.......................... 313,600
15		(k) In addition to any other transfers that may be provided
16		for by law, as soon as may be practical after December 20, 2001
17		(the effective date of Public Act 92-505) this amendatory Act
18		of the 92nd General Assembly, the State Comptroller shall
19		direct and the State Treasurer shall transfer the sum of
20		$2,000,000 from the General Revenue Fund to the Teachers Health
21		Insurance Security Fund.
22		(k-1) In addition to any other transfers that may be
23		provided for by law, on July 1, 2002, or as soon as may be
24		practical thereafter, the State Comptroller shall direct and
25		the State Treasurer shall transfer the sum of $2,000,000 from
26		the General Revenue Fund to the Teachers Health Insurance

HB3855 Engrossed - 189 - LRB100 05985 AMC 16014 b
1		Security Fund.
2		(k-2) In addition to any other transfers that may be
3		provided for by law, on July 1, 2003, or as soon as may be
4		practical thereafter, the State Comptroller shall direct and
5		the State Treasurer shall transfer the sum of $2,000,000 from
6		the General Revenue Fund to the Teachers Health Insurance
7		Security Fund.
8		(k-3) On or after July 1, 2002 and no later than June 30,
9		2003, in addition to any other transfers that may be provided
10		for by law, at the direction of and upon notification from the
11		Governor, the State Comptroller shall direct and the State
12		Treasurer shall transfer amounts not to exceed the following
13		sums into the Statistical Services Revolving Fund:
14 Appraisal Administration Fund................. $150,000 15 General Revenue Fund.......................... 10,440,000 16 Savings and Residential Finance 17 Regulatory Fund........................... 200,000 18 State Pensions Fund........................... 100,000 19 Bank and Trust Company Fund................... 100,000 20 Professions Indirect Cost Fund................ 3,400,000 21 Public Utility Fund........................... 2,081,200 22 Real Estate License Administration Fund....... 150,000 23 Title III Social Security and 24 Employment Fund........................... 1,000,000 25 Transportation Regulatory Fund................ 3,052,100 26 Underground Storage Tank Fund................. 50,000

HB3855 Engrossed - 190 - LRB100 05985 AMC 16014 b
1		(l) In addition to any other transfers that may be provided
2		for by law, on July 1, 2002, or as soon as may be practical
3		thereafter, the State Comptroller shall direct and the State
4		Treasurer shall transfer the sum of $3,000,000 from the General
5		Revenue Fund to the Presidential Library and Museum Operating
6		Fund.
7		(m) In addition to any other transfers that may be provided
8		for by law, on July 1, 2002 and on January 8, 2004 (the
9		effective date of Public Act 93-648) this amendatory Act of the
10		93rd General Assembly, or as soon thereafter as may be
11		practical, the State Comptroller shall direct and the State
12		Treasurer shall transfer the sum of $1,200,000 from the General
13		Revenue Fund to the Violence Prevention Fund.
14		(n) In addition to any other transfers that may be provided
15		for by law, on July 1, 2003, or as soon thereafter as may be
16		practical, the State Comptroller shall direct and the State
17		Treasurer shall transfer the sum of $6,800,000 from the General
18		Revenue Fund to the DHS Recoveries Trust Fund.
19		(o) On or after July 1, 2003, and no later than June 30,
20		2004, in addition to any other transfers that may be provided
21		for by law, at the direction of and upon notification from the
22		Governor, the State Comptroller shall direct and the State
23		Treasurer shall transfer amounts not to exceed the following
24		sums into the Vehicle Inspection Fund:
25 From the Underground Storage Tank Fund ....... $35,000,000.
26		(p) On or after July 1, 2003 and until May 1, 2004, in

HB3855 Engrossed - 191 - LRB100 05985 AMC 16014 b
1		addition to any other transfers that may be provided for by
2		law, at the direction of and upon notification from the
3		Governor, the State Comptroller shall direct and the State
4		Treasurer shall transfer amounts not exceeding a total of
5		$80,000,000 from the General Revenue Fund to the Tobacco
6		Settlement Recovery Fund. Any amounts so transferred shall be
7		re-transferred from the Tobacco Settlement Recovery Fund to the
8		General Revenue Fund at the direction of and upon notification
9		from the Governor, but in any event on or before June 30, 2004.
10		(q) In addition to any other transfers that may be provided
11		for by law, on July 1, 2003, or as soon as may be practical
12		thereafter, the State Comptroller shall direct and the State
13		Treasurer shall transfer the sum of $5,000,000 from the General
14		Revenue Fund to the Illinois Military Family Relief Fund.
15		(r) In addition to any other transfers that may be provided
16		for by law, on July 1, 2003, or as soon as may be practical
17		thereafter, the State Comptroller shall direct and the State
18		Treasurer shall transfer the sum of $1,922,000 from the General
19		Revenue Fund to the Presidential Library and Museum Operating
20		Fund.
21		(s) In addition to any other transfers that may be provided
22		for by law, on or after July 1, 2003, the State Comptroller
23		shall direct and the State Treasurer shall transfer the sum of
24		$4,800,000 from the Statewide Economic Development Fund to the
25		General Revenue Fund.
26		(t) In addition to any other transfers that may be provided

HB3855 Engrossed - 192 - LRB100 05985 AMC 16014 b
1		for by law, on or after July 1, 2003, the State Comptroller
2		shall direct and the State Treasurer shall transfer the sum of
3		$50,000,000 from the General Revenue Fund to the Budget
4		Stabilization Fund.
5		(u) On or after July 1, 2004 and until May 1, 2005, in
6		addition to any other transfers that may be provided for by
7		law, at the direction of and upon notification from the
8		Governor, the State Comptroller shall direct and the State
9		Treasurer shall transfer amounts not exceeding a total of
10		$80,000,000 from the General Revenue Fund to the Tobacco
11		Settlement Recovery Fund. Any amounts so transferred shall be
12		retransferred by the State Comptroller and the State Treasurer
13		from the Tobacco Settlement Recovery Fund to the General
14		Revenue Fund at the direction of and upon notification from the
15		Governor, but in any event on or before June 30, 2005.
16		(v) In addition to any other transfers that may be provided
17		for by law, on July 1, 2004, or as soon thereafter as may be
18		practical, the State Comptroller shall direct and the State
19		Treasurer shall transfer the sum of $1,200,000 from the General
20		Revenue Fund to the Violence Prevention Fund.
21		(w) In addition to any other transfers that may be provided
22		for by law, on July 1, 2004, or as soon thereafter as may be
23		practical, the State Comptroller shall direct and the State
24		Treasurer shall transfer the sum of $6,445,000 from the General
25		Revenue Fund to the Presidential Library and Museum Operating
26		Fund.

HB3855 Engrossed - 193 - LRB100 05985 AMC 16014 b
1		(x) In addition to any other transfers that may be provided
2		for by law, on January 15, 2005, or as soon thereafter as may
3		be practical, the State Comptroller shall direct and the State
4		Treasurer shall transfer to the General Revenue Fund the
5		following sums:
6		From the State Crime Laboratory Fund, $200,000;
7		From the State Police Wireless Service Emergency Fund,
8		$200,000;
9		From the State Offender DNA Identification System
10		Fund, $800,000; and
11		From the State Police Whistleblower Reward and
12		Protection Fund, $500,000.
13		(y) Notwithstanding any other provision of law to the
14		contrary, in addition to any other transfers that may be
15		provided for by law on June 30, 2005, or as soon as may be
16		practical thereafter, the State Comptroller shall direct and
17		the State Treasurer shall transfer the remaining balance from
18		the designated funds into the General Revenue Fund and any
19		future deposits that would otherwise be made into these funds
20		must instead be made into the General Revenue Fund:
21		(1) the Keep Illinois Beautiful Fund;
22		(2) the Metropolitan Fair and Exposition Authority
23		Reconstruction Fund;
24		(3) the New Technology Recovery Fund;
25		(4) the Illinois Rural Bond Bank Trust Fund;
26		(5) the ISBE School Bus Driver Permit Fund;

HB3855 Engrossed - 194 - LRB100 05985 AMC 16014 b
1		(6) the Solid Waste Management Revolving Loan Fund;
2		(7) the State Postsecondary Review Program Fund;
3		(8) the Tourism Attraction Development Matching Grant
4		Fund;
5		(9) the Patent and Copyright Fund;
6		(10) the Credit Enhancement Development Fund;
7		(11) the Community Mental Health and Developmental
8		Disabilities Services Provider Participation Fee Trust
9		Fund;
10		(12) the Nursing Home Grant Assistance Fund;
11		(13) the By-product Material Safety Fund;
12		(14) the Illinois Student Assistance Commission Higher
13		EdNet Fund;
14		(15) the DORS State Project Fund;
15		(16) the School Technology Revolving Fund;
16		(17) the Energy Assistance Contribution Fund;
17		(18) the Illinois Building Commission Revolving Fund;
18		(19) the Illinois Aquaculture Development Fund;
19		(20) the Homelessness Prevention Fund;
20		(21) the DCFS Refugee Assistance Fund;
21		(22) the Illinois Century Network Special Purposes
22		Fund; and
23		(23) the Build Illinois Purposes Fund.
24		(z) In addition to any other transfers that may be provided
25		for by law, on July 1, 2005, or as soon as may be practical
26		thereafter, the State Comptroller shall direct and the State

HB3855 Engrossed - 195 - LRB100 05985 AMC 16014 b
1		Treasurer shall transfer the sum of $1,200,000 from the General
2		Revenue Fund to the Violence Prevention Fund.
3		(aa) In addition to any other transfers that may be
4		provided for by law, on July 1, 2005, or as soon as may be
5		practical thereafter, the State Comptroller shall direct and
6		the State Treasurer shall transfer the sum of $9,000,000 from
7		the General Revenue Fund to the Presidential Library and Museum
8		Operating Fund.
9		(bb) In addition to any other transfers that may be
10		provided for by law, on July 1, 2005, or as soon as may be
11		practical thereafter, the State Comptroller shall direct and
12		the State Treasurer shall transfer the sum of $6,803,600 from
13		the General Revenue Fund to the Securities Audit and
14		Enforcement Fund.
15		(cc) In addition to any other transfers that may be
16		provided for by law, on or after July 1, 2005 and until May 1,
17		2006, at the direction of and upon notification from the
18		Governor, the State Comptroller shall direct and the State
19		Treasurer shall transfer amounts not exceeding a total of
20		$80,000,000 from the General Revenue Fund to the Tobacco
21		Settlement Recovery Fund. Any amounts so transferred shall be
22		re-transferred by the State Comptroller and the State Treasurer
23		from the Tobacco Settlement Recovery Fund to the General
24		Revenue Fund at the direction of and upon notification from the
25		Governor, but in any event on or before June 30, 2006.
26		(dd) In addition to any other transfers that may be

HB3855 Engrossed - 196 - LRB100 05985 AMC 16014 b
1		provided for by law, on April 1, 2005, or as soon thereafter as
2		may be practical, at the direction of the Director of Public
3		Aid (now Director of Healthcare and Family Services), the State
4		Comptroller shall direct and the State Treasurer shall transfer
5		from the Public Aid Recoveries Trust Fund amounts not to exceed
6		$14,000,000 to the Community Mental Health Medicaid Trust Fund.
7		(ee) Notwithstanding any other provision of law, on July 1,
8		2006, or as soon thereafter as practical, the State Comptroller
9		shall direct and the State Treasurer shall transfer the
10		remaining balance from the Illinois Civic Center Bond Fund to
11		the Illinois Civic Center Bond Retirement and Interest Fund.
12		(ff) In addition to any other transfers that may be
13		provided for by law, on and after July 1, 2006 and until June
14		30, 2007, at the direction of and upon notification from the
15		Director of the Governor's Office of Management and Budget, the
16		State Comptroller shall direct and the State Treasurer shall
17		transfer amounts not exceeding a total of $1,900,000 from the
18		General Revenue Fund to the Illinois Capital Revolving Loan
19		Fund.
20		(gg) In addition to any other transfers that may be
21		provided for by law, on and after July 1, 2006 and until May 1,
22		2007, at the direction of and upon notification from the
23		Governor, the State Comptroller shall direct and the State
24		Treasurer shall transfer amounts not exceeding a total of
25		$80,000,000 from the General Revenue Fund to the Tobacco
26		Settlement Recovery Fund. Any amounts so transferred shall be

HB3855 Engrossed - 197 - LRB100 05985 AMC 16014 b
1		retransferred by the State Comptroller and the State Treasurer
2		from the Tobacco Settlement Recovery Fund to the General
3		Revenue Fund at the direction of and upon notification from the
4		Governor, but in any event on or before June 30, 2007.
5		(hh) In addition to any other transfers that may be
6		provided for by law, on and after July 1, 2006 and until June
7		30, 2007, at the direction of and upon notification from the
8		Governor, the State Comptroller shall direct and the State
9		Treasurer shall transfer amounts from the Illinois Affordable
10		Housing Trust Fund to the designated funds not exceeding the
11		following amounts:
12		DCFS Children's Services Fund.................$2,200,000
13		Department of Corrections Reimbursement
14		and Education Fund........................$1,500,000
15		Supplemental Low-Income Energy
16		Assistance Fund..............................$75,000
17		(ii) In addition to any other transfers that may be
18		provided for by law, on or before August 31, 2006, the Governor
19		and the State Comptroller may agree to transfer the surplus
20		cash balance from the General Revenue Fund to the Budget
21		Stabilization Fund and the Pension Stabilization Fund in equal
22		proportions. The determination of the amount of the surplus
23		cash balance shall be made by the Governor, with the
24		concurrence of the State Comptroller, after taking into account
25		the June 30, 2006 balances in the general funds and the actual
26		or estimated spending from the general funds during the lapse

HB3855 Engrossed - 198 - LRB100 05985 AMC 16014 b
1		period. Notwithstanding the foregoing, the maximum amount that
2		may be transferred under this subsection (ii) is $50,000,000.
3		(jj) In addition to any other transfers that may be
4		provided for by law, on July 1, 2006, or as soon thereafter as
5		practical, the State Comptroller shall direct and the State
6		Treasurer shall transfer the sum of $8,250,000 from the General
7		Revenue Fund to the Presidential Library and Museum Operating
8		Fund.
9		(kk) In addition to any other transfers that may be
10		provided for by law, on July 1, 2006, or as soon thereafter as
11		practical, the State Comptroller shall direct and the State
12		Treasurer shall transfer the sum of $1,400,000 from the General
13		Revenue Fund to the Violence Prevention Fund.
14		(ll) In addition to any other transfers that may be
15		provided for by law, on the first day of each calendar quarter
16		of the fiscal year beginning July 1, 2006, or as soon
17		thereafter as practical, the State Comptroller shall direct and
18		the State Treasurer shall transfer from the General Revenue
19		Fund amounts equal to one-fourth of $20,000,000 to the
20		Renewable Energy Resources Trust Fund.
21		(mm) In addition to any other transfers that may be
22		provided for by law, on July 1, 2006, or as soon thereafter as
23		practical, the State Comptroller shall direct and the State
24		Treasurer shall transfer the sum of $1,320,000 from the General
25		Revenue Fund to the I-FLY Fund.
26		(nn) In addition to any other transfers that may be

HB3855 Engrossed - 199 - LRB100 05985 AMC 16014 b
1		provided for by law, on July 1, 2006, or as soon thereafter as
2		practical, the State Comptroller shall direct and the State
3		Treasurer shall transfer the sum of $3,000,000 from the General
4		Revenue Fund to the African-American HIV/AIDS Response Fund.
5		(oo) In addition to any other transfers that may be
6		provided for by law, on and after July 1, 2006 and until June
7		30, 2007, at the direction of and upon notification from the
8		Governor, the State Comptroller shall direct and the State
9		Treasurer shall transfer amounts identified as net receipts
10		from the sale of all or part of the Illinois Student Assistance
11		Commission loan portfolio from the Student Loan Operating Fund
12		to the General Revenue Fund. The maximum amount that may be
13		transferred pursuant to this Section is $38,800,000. In
14		addition, no transfer may be made pursuant to this Section that
15		would have the effect of reducing the available balance in the
16		Student Loan Operating Fund to an amount less than the amount
17		remaining unexpended and unreserved from the total
18		appropriations from the Fund estimated to be expended for the
19		fiscal year. The State Treasurer and Comptroller shall transfer
20		the amounts designated under this Section as soon as may be
21		practical after receiving the direction to transfer from the
22		Governor.
23		(pp) In addition to any other transfers that may be
24		provided for by law, on July 1, 2006, or as soon thereafter as
25		practical, the State Comptroller shall direct and the State
26		Treasurer shall transfer the sum of $2,000,000 from the General

HB3855 Engrossed - 200 - LRB100 05985 AMC 16014 b
1		Revenue Fund to the Illinois Veterans Assistance Fund.
2		(qq) In addition to any other transfers that may be
3		provided for by law, on and after July 1, 2007 and until May 1,
4		2008, at the direction of and upon notification from the
5		Governor, the State Comptroller shall direct and the State
6		Treasurer shall transfer amounts not exceeding a total of
7		$80,000,000 from the General Revenue Fund to the Tobacco
8		Settlement Recovery Fund. Any amounts so transferred shall be
9		retransferred by the State Comptroller and the State Treasurer
10		from the Tobacco Settlement Recovery Fund to the General
11		Revenue Fund at the direction of and upon notification from the
12		Governor, but in any event on or before June 30, 2008.
13		(rr) In addition to any other transfers that may be
14		provided for by law, on and after July 1, 2007 and until June
15		30, 2008, at the direction of and upon notification from the
16		Governor, the State Comptroller shall direct and the State
17		Treasurer shall transfer amounts from the Illinois Affordable
18		Housing Trust Fund to the designated funds not exceeding the
19		following amounts:
20		DCFS Children's Services Fund.................$2,200,000
21		Department of Corrections Reimbursement
22		and Education Fund........................$1,500,000
23		Supplemental Low-Income Energy
24		Assistance Fund..............................$75,000
25		(ss) In addition to any other transfers that may be
26		provided for by law, on July 1, 2007, or as soon thereafter as

HB3855 Engrossed - 201 - LRB100 05985 AMC 16014 b
1		practical, the State Comptroller shall direct and the State
2		Treasurer shall transfer the sum of $8,250,000 from the General
3		Revenue Fund to the Presidential Library and Museum Operating
4		Fund.
5		(tt) In addition to any other transfers that may be
6		provided for by law, on July 1, 2007, or as soon thereafter as
7		practical, the State Comptroller shall direct and the State
8		Treasurer shall transfer the sum of $1,400,000 from the General
9		Revenue Fund to the Violence Prevention Fund.
10		(uu) In addition to any other transfers that may be
11		provided for by law, on July 1, 2007, or as soon thereafter as
12		practical, the State Comptroller shall direct and the State
13		Treasurer shall transfer the sum of $1,320,000 from the General
14		Revenue Fund to the I-FLY Fund.
15		(vv) In addition to any other transfers that may be
16		provided for by law, on July 1, 2007, or as soon thereafter as
17		practical, the State Comptroller shall direct and the State
18		Treasurer shall transfer the sum of $3,000,000 from the General
19		Revenue Fund to the African-American HIV/AIDS Response Fund.
20		(ww) In addition to any other transfers that may be
21		provided for by law, on July 1, 2007, or as soon thereafter as
22		practical, the State Comptroller shall direct and the State
23		Treasurer shall transfer the sum of $3,500,000 from the General
24		Revenue Fund to the Predatory Lending Database Program Fund.
25		(xx) In addition to any other transfers that may be
26		provided for by law, on July 1, 2007, or as soon thereafter as

HB3855 Engrossed - 202 - LRB100 05985 AMC 16014 b
1		practical, the State Comptroller shall direct and the State
2		Treasurer shall transfer the sum of $5,000,000 from the General
3		Revenue Fund to the Digital Divide Elimination Fund.
4		(yy) In addition to any other transfers that may be
5		provided for by law, on July 1, 2007, or as soon thereafter as
6		practical, the State Comptroller shall direct and the State
7		Treasurer shall transfer the sum of $4,000,000 from the General
8		Revenue Fund to the Digital Divide Elimination Infrastructure
9		Fund.
10		(zz) In addition to any other transfers that may be
11		provided for by law, on July 1, 2008, or as soon thereafter as
12		practical, the State Comptroller shall direct and the State
13		Treasurer shall transfer the sum of $5,000,000 from the General
14		Revenue Fund to the Digital Divide Elimination Fund.
15		(aaa) In addition to any other transfers that may be
16		provided for by law, on and after July 1, 2008 and until May 1,
17		2009, at the direction of and upon notification from the
18		Governor, the State Comptroller shall direct and the State
19		Treasurer shall transfer amounts not exceeding a total of
20		$80,000,000 from the General Revenue Fund to the Tobacco
21		Settlement Recovery Fund. Any amounts so transferred shall be
22		retransferred by the State Comptroller and the State Treasurer
23		from the Tobacco Settlement Recovery Fund to the General
24		Revenue Fund at the direction of and upon notification from the
25		Governor, but in any event on or before June 30, 2009.
26		(bbb) In addition to any other transfers that may be

HB3855 Engrossed - 203 - LRB100 05985 AMC 16014 b
1		provided for by law, on and after July 1, 2008 and until June
2		30, 2009, at the direction of and upon notification from the
3		Governor, the State Comptroller shall direct and the State
4		Treasurer shall transfer amounts from the Illinois Affordable
5		Housing Trust Fund to the designated funds not exceeding the
6		following amounts:
7		DCFS Children's Services Fund.............$2,200,000
8		Department of Corrections Reimbursement
9		and Education Fund........................$1,500,000
10		Supplemental Low-Income Energy
11		Assistance Fund..............................$75,000
12		(ccc) In addition to any other transfers that may be
13		provided for by law, on July 1, 2008, or as soon thereafter as
14		practical, the State Comptroller shall direct and the State
15		Treasurer shall transfer the sum of $7,450,000 from the General
16		Revenue Fund to the Presidential Library and Museum Operating
17		Fund.
18		(ddd) In addition to any other transfers that may be
19		provided for by law, on July 1, 2008, or as soon thereafter as
20		practical, the State Comptroller shall direct and the State
21		Treasurer shall transfer the sum of $1,400,000 from the General
22		Revenue Fund to the Violence Prevention Fund.
23		(eee) In addition to any other transfers that may be
24		provided for by law, on July 1, 2009, or as soon thereafter as
25		practical, the State Comptroller shall direct and the State
26		Treasurer shall transfer the sum of $5,000,000 from the General

HB3855 Engrossed - 204 - LRB100 05985 AMC 16014 b
1		Revenue Fund to the Digital Divide Elimination Fund.
2		(fff) In addition to any other transfers that may be
3		provided for by law, on and after July 1, 2009 and until May 1,
4		2010, at the direction of and upon notification from the
5		Governor, the State Comptroller shall direct and the State
6		Treasurer shall transfer amounts not exceeding a total of
7		$80,000,000 from the General Revenue Fund to the Tobacco
8		Settlement Recovery Fund. Any amounts so transferred shall be
9		retransferred by the State Comptroller and the State Treasurer
10		from the Tobacco Settlement Recovery Fund to the General
11		Revenue Fund at the direction of and upon notification from the
12		Governor, but in any event on or before June 30, 2010.
13		(ggg) In addition to any other transfers that may be
14		provided for by law, on July 1, 2009, or as soon thereafter as
15		practical, the State Comptroller shall direct and the State
16		Treasurer shall transfer the sum of $7,450,000 from the General
17		Revenue Fund to the Presidential Library and Museum Operating
18		Fund.
19		(hhh) In addition to any other transfers that may be
20		provided for by law, on July 1, 2009, or as soon thereafter as
21		practical, the State Comptroller shall direct and the State
22		Treasurer shall transfer the sum of $1,400,000 from the General
23		Revenue Fund to the Violence Prevention Fund.
24		(iii) In addition to any other transfers that may be
25		provided for by law, on July 1, 2009, or as soon thereafter as
26		practical, the State Comptroller shall direct and the State

HB3855 Engrossed - 205 - LRB100 05985 AMC 16014 b
1		Treasurer shall transfer the sum of $100,000 from the General
2		Revenue Fund to the Heartsaver AED Fund.
3		(jjj) In addition to any other transfers that may be
4		provided for by law, on and after July 1, 2009 and until June
5		30, 2010, at the direction of and upon notification from the
6		Governor, the State Comptroller shall direct and the State
7		Treasurer shall transfer amounts not exceeding a total of
8		$17,000,000 from the General Revenue Fund to the DCFS
9		Children's Services Fund.
10		(lll) In addition to any other transfers that may be
11		provided for by law, on July 1, 2009, or as soon thereafter as
12		practical, the State Comptroller shall direct and the State
13		Treasurer shall transfer the sum of $5,000,000 from the General
14		Revenue Fund to the Communications Revolving Fund.
15		(mmm) In addition to any other transfers that may be
16		provided for by law, on July 1, 2009, or as soon thereafter as
17		practical, the State Comptroller shall direct and the State
18		Treasurer shall transfer the sum of $9,700,000 from the General
19		Revenue Fund to the Senior Citizens Real Estate Deferred Tax
20		Revolving Fund.
21		(nnn) In addition to any other transfers that may be
22		provided for by law, on July 1, 2009, or as soon thereafter as
23		practical, the State Comptroller shall direct and the State
24		Treasurer shall transfer the sum of $565,000 from the FY09
25		Budget Relief Fund to the Horse Racing Fund.
26		(ooo) In addition to any other transfers that may be

HB3855 Engrossed - 206 - LRB100 05985 AMC 16014 b
1		provided by law, on July 1, 2009, or as soon thereafter as
2		practical, the State Comptroller shall direct and the State
3		Treasurer shall transfer the sum of $600,000 from the General
4		Revenue Fund to the Temporary Relocation Expenses Revolving
5		Fund.
6		(ppp) In addition to any other transfers that may be
7		provided for by law, on July 1, 2010, or as soon thereafter as
8		practical, the State Comptroller shall direct and the State
9		Treasurer shall transfer the sum of $5,000,000 from the General
10		Revenue Fund to the Digital Divide Elimination Fund.
11		(qqq) In addition to any other transfers that may be
12		provided for by law, on and after July 1, 2010 and until May 1,
13		2011, at the direction of and upon notification from the
14		Governor, the State Comptroller shall direct and the State
15		Treasurer shall transfer amounts not exceeding a total of
16		$80,000,000 from the General Revenue Fund to the Tobacco
17		Settlement Recovery Fund. Any amounts so transferred shall be
18		retransferred by the State Comptroller and the State Treasurer
19		from the Tobacco Settlement Recovery Fund to the General
20		Revenue Fund at the direction of and upon notification from the
21		Governor, but in any event on or before June 30, 2011.
22		(rrr) In addition to any other transfers that may be
23		provided for by law, on July 1, 2010, or as soon thereafter as
24		practical, the State Comptroller shall direct and the State
25		Treasurer shall transfer the sum of $6,675,000 from the General
26		Revenue Fund to the Presidential Library and Museum Operating

HB3855 Engrossed - 207 - LRB100 05985 AMC 16014 b
1		Fund.
2		(sss) In addition to any other transfers that may be
3		provided for by law, on July 1, 2010, or as soon thereafter as
4		practical, the State Comptroller shall direct and the State
5		Treasurer shall transfer the sum of $1,400,000 from the General
6		Revenue Fund to the Violence Prevention Fund.
7		(ttt) In addition to any other transfers that may be
8		provided for by law, on July 1, 2010, or as soon thereafter as
9		practical, the State Comptroller shall direct and the State
10		Treasurer shall transfer the sum of $100,000 from the General
11		Revenue Fund to the Heartsaver AED Fund.
12		(uuu) In addition to any other transfers that may be
13		provided for by law, on July 1, 2010, or as soon thereafter as
14		practical, the State Comptroller shall direct and the State
15		Treasurer shall transfer the sum of $5,000,000 from the General
16		Revenue Fund to the Communications Revolving Fund.
17		(vvv) In addition to any other transfers that may be
18		provided for by law, on July 1, 2010, or as soon thereafter as
19		practical, the State Comptroller shall direct and the State
20		Treasurer shall transfer the sum of $3,000,000 from the General
21		Revenue Fund to the Illinois Capital Revolving Loan Fund.
22		(www) In addition to any other transfers that may be
23		provided for by law, on July 1, 2010, or as soon thereafter as
24		practical, the State Comptroller shall direct and the State
25		Treasurer shall transfer the sum of $17,000,000 from the
26		General Revenue Fund to the DCFS Children's Services Fund.

HB3855 Engrossed - 208 - LRB100 05985 AMC 16014 b
1		(xxx) In addition to any other transfers that may be
2		provided for by law, on July 1, 2010, or as soon thereafter as
3		practical, the State Comptroller shall direct and the State
4		Treasurer shall transfer the sum of $2,000,000 from the Digital
5		Divide Elimination Infrastructure Fund, of which $1,000,000
6		shall go to the Workforce, Technology, and Economic Development
7		Fund and $1,000,000 to the Public Utility Fund.
8		(yyy) In addition to any other transfers that may be
9		provided for by law, on and after July 1, 2011 and until May 1,
10		2012, at the direction of and upon notification from the
11		Governor, the State Comptroller shall direct and the State
12		Treasurer shall transfer amounts not exceeding a total of
13		$80,000,000 from the General Revenue Fund to the Tobacco
14		Settlement Recovery Fund. Any amounts so transferred shall be
15		retransferred by the State Comptroller and the State Treasurer
16		from the Tobacco Settlement Recovery Fund to the General
17		Revenue Fund at the direction of and upon notification from the
18		Governor, but in any event on or before June 30, 2012.
19		(zzz) In addition to any other transfers that may be
20		provided for by law, on July 1, 2011, or as soon thereafter as
21		practical, the State Comptroller shall direct and the State
22		Treasurer shall transfer the sum of $1,000,000 from the General
23		Revenue Fund to the Illinois Veterans Assistance Fund.
24		(aaaa) In addition to any other transfers that may be
25		provided for by law, on July 1, 2011, or as soon thereafter as
26		practical, the State Comptroller shall direct and the State

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1		Treasurer shall transfer the sum of $8,000,000 from the General
2		Revenue Fund to the Presidential Library and Museum Operating
3		Fund.
4		(bbbb) In addition to any other transfers that may be
5		provided for by law, on July 1, 2011, or as soon thereafter as
6		practical, the State Comptroller shall direct and the State
7		Treasurer shall transfer the sum of $1,400,000 from the General
8		Revenue Fund to the Violence Prevention Fund.
9		(cccc) In addition to any other transfers that may be
10		provided for by law, on July 1, 2011, or as soon thereafter as
11		practical, the State Comptroller shall direct and the State
12		Treasurer shall transfer the sum of $14,100,000 from the
13		General Revenue Fund to the State Garage Revolving Fund.
14		(dddd) In addition to any other transfers that may be
15		provided for by law, on July 1, 2011, or as soon thereafter as
16		practical, the State Comptroller shall direct and the State
17		Treasurer shall transfer the sum of $4,000,000 from the General
18		Revenue Fund to the Digital Divide Elimination Fund.
19		(eeee) In addition to any other transfers that may be
20		provided for by law, on July 1, 2011, or as soon thereafter as
21		practical, the State Comptroller shall direct and the State
22		Treasurer shall transfer the sum of $500,000 from the General
23		Revenue Fund to the Senior Citizens Real Estate Deferred Tax
24		Revolving Fund.
25		(Source: P.A. 96-45, eff. 7-15-09; 96-820, eff. 11-18-09;
26		96-959, eff. 7-1-10; 97-72, eff. 7-1-11; 97-641, eff. 12-19-11;

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1		revised 9-8-16.)
2		Section 200. The Natural Heritage Fund Act is amended by
3		changing Section 5 as follows:
4		(30 ILCS 150/5) (from Ch. 105, par. 735)
5		Sec. 5. Interest proceeds Proceeds. The Governor shall
6		request and the General Assembly may annually appropriate from
7		the Natural Heritage Fund an amount not to exceed to the annual
8		investment income earned by the Trust Fund to the Department
9		and any portion of the investment income earned in preceding
10		years that was not transferred for the purposes set forth in
11		Section 4. Upon the Director's request, the Comptroller and the
12		State Treasurer shall transfer amounts not to exceed the actual
13		investment income earned from the Trust Fund to the Natural
14		Heritage Fund from time to time as needed for expenditures from
15		the Natural Heritage Fund in accordance with appropriations.
16		(Source: P.A. 87-1197; revised 9-7-16.)
17		Section 205. The Illinois Procurement Code is amended by
18		changing Sections 40-30 and 45-67 as follows:
19		(30 ILCS 500/40-30)
20		Sec. 40-30. Purchase option. Initial leases of all space in
21		entire, free-standing buildings shall include an option to
22		purchase exercisable exerciseable by the State, unless the

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1		purchasing officer determines that inclusion of such purchase
2		option is not in the State's best interest and makes that
3		determination in writing along with the reasons for making that
4		determination and publishes the written determination in the
5		appropriate volume of the Illinois Procurement Bulletin.
6		Leases from governmental units and not-for-profit entities are
7		exempt from the requirements of this Section.
8		(Source: P.A. 90-572, eff. date - See Sec. 99-5; revised
9		9-9-16.)
10		(30 ILCS 500/45-67)
11		Sec. 45-67. Encouragement to hire qualified veterans. A
12		chief procurement officer may, as part of any solicitation,
13		encourage potential contractors to consider hiring qualified
14		veterans and to notify them of any available financial
15		incentives or other advantages associated with hiring such
16		persons. In establishing internal guidelines in furtherance of
17		this Section, the Department of Central Management Services may
18		work with an interagency advisory committee consisting of
19		representatives from the Department of Veterans' Veterans
20		Affairs, the Department of Employment Security, the Department
21		of Commerce and Economic Opportunity, and the Department of
22		Revenue and consisting of 8 members of the General Assembly, 2
23		of whom are appointed by the Speaker of the House of
24		Representatives, 2 of whom are appointed by the President of
25		the Senate, 2 of whom are appointed by the Minority Leader of

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1		the House of Representatives, and 2 of whom are appointed by
2		the Minority Leader of the Senate.
3		For the purposes of this Section, "qualified veteran" means
4		an Illinois resident who: (i) was a member of the Armed Forces
5		of the United States, a member of the Illinois National Guard,
6		or a member of any reserve component of the Armed Forces of the
7		United States; (ii) served on active duty in connection with
8		Operation Desert Storm, Operation Enduring Freedom, or
9		Operation Iraqi Freedom; and (iii) was honorably discharged.
10		The Department of Central Management Services must report
11		to the Governor and to the General Assembly by December 31 of
12		each year on the activities undertaken by chief procurement
13		officers and the Department of Central Management Services to
14		encourage potential contractors to consider hiring qualified
15		veterans. The report must include the number of vendors who
16		have hired qualified veterans.
17		(Source: P.A. 98-1076, eff. 1-1-15; revised 9-9-16.)
18		Section 210. The Grant Accountability and Transparency Act
19		is amended by changing Section 75 as follows:
20		(30 ILCS 708/75)
21		(Section scheduled to be repealed on July 16, 2020)
22		Sec. 75. State program exceptions.
23		(a) With the exception of the audit requirements set forth
24		in 2 CFR 200.102, exceptions may be allowed for classes of

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1		State or federal pass-through awards or non-federal entities
2		subject to the requirements of this Act when such exceptions
3		are not prohibited by State or federal law. However, in the
4		interest of maximum uniformity, exceptions from the
5		requirements of this Act shall be permitted only in unusual or
6		exceptional circumstances.
7		(b) The Governor's Office of Management and Budget, with
8		the advice and technical assistance of the Illinois Single
9		Audit Commission, shall adopt rules governing the criteria that
10		shall be used to determine when an exception may be issued. The
11		Governor's Office of Management and Budget shall publish any
12		allowed exceptions in the Catalog Catalogue of State Financial
13		Assistance within 30 days of the exception being allowed.
14		(Source: P.A. 98-706, eff. 7-16-14; revised 9-9-16.)
15		Section 215. The State Mandates Act is amended by changing
16		Sections 7 and 8.40 as follows:
17		(30 ILCS 805/7) (from Ch. 85, par. 2207)
18		Sec. 7. Review of existing mandates.
19		(a) Beginning with the 2019 catalog and every other year
20		thereafter, concurrently with, or within 3 months subsequent to
21		the publication of a catalog of State mandates as prescribed in
22		subsection (b) of Section 4, the Department shall submit to the
23		Governor and the General Assembly a review and report on
24		mandates enacted in the previous 2 years and remaining in

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1		effect at the time of submittal of the report. The Department
2		may fulfill its responsibilities for compiling the report by
3		entering into a contract for service.
4		Beginning with the 2017 catalog and every 10 years
5		thereafter, concurrently with, or within 3 months subsequent to
6		the publication of a catalog of State mandates as prescribed in
7		subsection (b) of Section 4, the Department shall submit to the
8		Governor and the General Assembly a review and report on all
9		effective mandates at the time of submittal of the reports.
10		(b) The report shall include for each mandate the factual
11		information specified in subsection (b) of Section 4 for the
12		catalog. The report may also include the following: (1) extent
13		to which the enactment of the mandate was requested, supported,
14		encouraged or opposed by local governments or their respective
15		organization; (2) whether the mandate continues to meet a
16		Statewide policy objective or has achieved the initial policy
17		intent in whole or in part; (3) amendments if any are required
18		to make the mandate more effective; (4) whether the mandate
19		should be retained or rescinded; (5) whether State financial
20		participation in helping meet the identifiable increased local
21		costs arising from the mandate should be initiated, and if so,
22		recommended ratios and phasing-in schedules; and (6) any other
23		information or recommendations which the Department considers
24		pertinent; and (7) any comments about the mandate submitted by
25		affected units of government.
26		(c) The appropriate committee of each house of the General

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1		Assembly shall review the report and shall initiate such
2		legislation or other action as it deems necessary.
3		The requirement for reporting to the General Assembly shall
4		be satisfied by filing copies of the report with the Speaker,
5		the Minority Leader and the Clerk of the House of
6		Representatives and the President, the Minority Leader, the
7		Secretary of the Senate, the members of the committees required
8		to review the report under subsection (c) and the Legislative
9		Research Unit, as required by Section 3.1 of the General
10		Assembly Organization Act "An Act to revise the law in relation
11		to the General Assembly", approved February 25, 1874, as
12		amended, and filing such additional copies with the State
13		Government Report Distribution Center for the General Assembly
14		as is required under paragraph (t) of Section 7 of the State
15		Library Act.
16		(Source: P.A. 99-789, eff. 8-12-16; revised 10-25-16.)
17		(30 ILCS 805/8.40)
18		Sec. 8.40. Exempt mandate.
19		(a) Notwithstanding Sections 6 and 8 of this Act, no
20		reimbursement by the State is required for the implementation
21		of any mandate created by Public Act 99-683, 99-745, or 99-905
22		this amendatory Act of the 99th General Assembly.
23		(b) Notwithstanding Sections 6 and 8 of this Act, no
24		reimbursement by the State is required for the implementation
25		of any mandate created by Section 40 of the State Police Act

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1		and Section 10.19 of the Illinois Police Training Act.
2		(Source: P.A. 99-683, eff. 7-29-16; 99-711, eff. 1-1-17;
3		99-745, eff. 8-5-16; 99-905, eff. 11-29-16; revised 12-7-16.)
4		Section 220. The Illinois Income Tax Act is amended by
5		changing Sections 304, 507GG, and 709.5 as follows:
6		(35 ILCS 5/304) (from Ch. 120, par. 3-304)
7		Sec. 304. Business income of persons other than residents.
8		(a) In general. The business income of a person other than
9		a resident shall be allocated to this State if such person's
10		business income is derived solely from this State. If a person
11		other than a resident derives business income from this State
12		and one or more other states, then, for tax years ending on or
13		before December 30, 1998, and except as otherwise provided by
14		this Section, such person's business income shall be
15		apportioned to this State by multiplying the income by a
16		fraction, the numerator of which is the sum of the property
17		factor (if any), the payroll factor (if any) and 200% of the
18		sales factor (if any), and the denominator of which is 4
19		reduced by the number of factors other than the sales factor
20		which have a denominator of zero and by an additional 2 if the
21		sales factor has a denominator of zero. For tax years ending on
22		or after December 31, 1998, and except as otherwise provided by
23		this Section, persons other than residents who derive business
24		income from this State and one or more other states shall

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1		compute their apportionment factor by weighting their
2		property, payroll, and sales factors as provided in subsection
3		(h) of this Section.
4		(1) Property factor.
5		(A) The property factor is a fraction, the numerator of
6		which is the average value of the person's real and
7		tangible personal property owned or rented and used in the
8		trade or business in this State during the taxable year and
9		the denominator of which is the average value of all the
10		person's real and tangible personal property owned or
11		rented and used in the trade or business during the taxable
12		year.
13		(B) Property owned by the person is valued at its
14		original cost. Property rented by the person is valued at 8
15		times the net annual rental rate. Net annual rental rate is
16		the annual rental rate paid by the person less any annual
17		rental rate received by the person from sub-rentals.
18		(C) The average value of property shall be determined
19		by averaging the values at the beginning and ending of the
20		taxable year but the Director may require the averaging of
21		monthly values during the taxable year if reasonably
22		required to reflect properly the average value of the
23		person's property.
24		(2) Payroll factor.
25		(A) The payroll factor is a fraction, the numerator of
26		which is the total amount paid in this State during the

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1		taxable year by the person for compensation, and the
2		denominator of which is the total compensation paid
3		everywhere during the taxable year.
4		(B) Compensation is paid in this State if:
5		(i) The individual's service is performed entirely
6		within this State;
7		(ii) The individual's service is performed both
8		within and without this State, but the service
9		performed without this State is incidental to the
10		individual's service performed within this State; or
11		(iii) Some of the service is performed within this
12		State and either the base of operations, or if there is
13		no base of operations, the place from which the service
14		is directed or controlled is within this State, or the
15		base of operations or the place from which the service
16		is directed or controlled is not in any state in which
17		some part of the service is performed, but the
18		individual's residence is in this State.
19		(iv) Compensation paid to nonresident professional
20		athletes.
21		(a) General. The Illinois source income of a
22		nonresident individual who is a member of a
23		professional athletic team includes the portion of the
24		individual's total compensation for services performed
25		as a member of a professional athletic team during the
26		taxable year which the number of duty days spent within

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1		this State performing services for the team in any
2		manner during the taxable year bears to the total
3		number of duty days spent both within and without this
4		State during the taxable year.
5		(b) Travel days. Travel days that do not involve
6		either a game, practice, team meeting, or other similar
7		team event are not considered duty days spent in this
8		State. However, such travel days are considered in the
9		total duty days spent both within and without this
10		State.
11		(c) Definitions. For purposes of this subpart
12		(iv):
13		(1) The term "professional athletic team"
14		includes, but is not limited to, any professional
15		baseball, basketball, football, soccer, or hockey
16		team.
17		(2) The term "member of a professional
18		athletic team" includes those employees who are
19		active players, players on the disabled list, and
20		any other persons required to travel and who travel
21		with and perform services on behalf of a
22		professional athletic team on a regular basis.
23		This includes, but is not limited to, coaches,
24		managers, and trainers.
25		(3) Except as provided in items (C) and (D) of
26		this subpart (3), the term "duty days" means all

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1		days during the taxable year from the beginning of
2		the professional athletic team's official
3		pre-season training period through the last game
4		in which the team competes or is scheduled to
5		compete. Duty days shall be counted for the year in
6		which they occur, including where a team's
7		official pre-season training period through the
8		last game in which the team competes or is
9		scheduled to compete, occurs during more than one
10		tax year.
11		(A) Duty days shall also include days on
12		which a member of a professional athletic team
13		performs service for a team on a date that does
14		not fall within the foregoing period (e.g.,
15		participation in instructional leagues, the
16		"All Star Game", or promotional "caravans").
17		Performing a service for a professional
18		athletic team includes conducting training and
19		rehabilitation activities, when such
20		activities are conducted at team facilities.
21		(B) Also included in duty days are game
22		days, practice days, days spent at team
23		meetings, promotional caravans, preseason
24		training camps, and days served with the team
25		through all post-season games in which the team
26		competes or is scheduled to compete.

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1		(C) Duty days for any person who joins a
2		team during the period from the beginning of
3		the professional athletic team's official
4		pre-season training period through the last
5		game in which the team competes, or is
6		scheduled to compete, shall begin on the day
7		that person joins the team. Conversely, duty
8		days for any person who leaves a team during
9		this period shall end on the day that person
10		leaves the team. Where a person switches teams
11		during a taxable year, a separate duty-day
12		calculation shall be made for the period the
13		person was with each team.
14		(D) Days for which a member of a
15		professional athletic team is not compensated
16		and is not performing services for the team in
17		any manner, including days when such member of
18		a professional athletic team has been
19		suspended without pay and prohibited from
20		performing any services for the team, shall not
21		be treated as duty days.
22		(E) Days for which a member of a
23		professional athletic team is on the disabled
24		list and does not conduct rehabilitation
25		activities at facilities of the team, and is
26		not otherwise performing services for the team

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1		in Illinois, shall not be considered duty days
2		spent in this State. All days on the disabled
3		list, however, are considered to be included in
4		total duty days spent both within and without
5		this State.
6		(4) The term "total compensation for services
7		performed as a member of a professional athletic
8		team" means the total compensation received during
9		the taxable year for services performed:
10		(A) from the beginning of the official
11		pre-season training period through the last
12		game in which the team competes or is scheduled
13		to compete during that taxable year; and
14		(B) during the taxable year on a date which
15		does not fall within the foregoing period
16		(e.g., participation in instructional leagues,
17		the "All Star Game", or promotional caravans).
18		This compensation shall include, but is not
19		limited to, salaries, wages, bonuses as described
20		in this subpart, and any other type of compensation
21		paid during the taxable year to a member of a
22		professional athletic team for services performed
23		in that year. This compensation does not include
24		strike benefits, severance pay, termination pay,
25		contract or option year buy-out payments,
26		expansion or relocation payments, or any other

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1		payments not related to services performed for the
2		team.
3		For purposes of this subparagraph, "bonuses"
4		included in "total compensation for services
5		performed as a member of a professional athletic
6		team" subject to the allocation described in
7		Section 302(c)(1) are: bonuses earned as a result
8		of play (i.e., performance bonuses) during the
9		season, including bonuses paid for championship,
10		playoff or "bowl" games played by a team, or for
11		selection to all-star league or other honorary
12		positions; and bonuses paid for signing a
13		contract, unless the payment of the signing bonus
14		is not conditional upon the signee playing any
15		games for the team or performing any subsequent
16		services for the team or even making the team, the
17		signing bonus is payable separately from the
18		salary and any other compensation, and the signing
19		bonus is nonrefundable.
20		(3) Sales factor.
21		(A) The sales factor is a fraction, the numerator of
22		which is the total sales of the person in this State during
23		the taxable year, and the denominator of which is the total
24		sales of the person everywhere during the taxable year.
25		(B) Sales of tangible personal property are in this
26		State if:

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1		(i) The property is delivered or shipped to a
2		purchaser, other than the United States government,
3		within this State regardless of the f. o. b. point or
4		other conditions of the sale; or
5		(ii) The property is shipped from an office, store,
6		warehouse, factory or other place of storage in this
7		State and either the purchaser is the United States
8		government or the person is not taxable in the state of
9		the purchaser; provided, however, that premises owned
10		or leased by a person who has independently contracted
11		with the seller for the printing of newspapers,
12		periodicals or books shall not be deemed to be an
13		office, store, warehouse, factory or other place of
14		storage for purposes of this Section. Sales of tangible
15		personal property are not in this State if the seller
16		and purchaser would be members of the same unitary
17		business group but for the fact that either the seller
18		or purchaser is a person with 80% or more of total
19		business activity outside of the United States and the
20		property is purchased for resale.
21		(B-1) Patents, copyrights, trademarks, and similar
22		items of intangible personal property.
23		(i) Gross receipts from the licensing, sale, or
24		other disposition of a patent, copyright, trademark,
25		or similar item of intangible personal property, other
26		than gross receipts governed by paragraph (B-7) of this

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1		item (3), are in this State to the extent the item is
2		utilized in this State during the year the gross
3		receipts are included in gross income.
4		(ii) Place of utilization.
5		(I) A patent is utilized in a state to the
6		extent that it is employed in production,
7		fabrication, manufacturing, or other processing in
8		the state or to the extent that a patented product
9		is produced in the state. If a patent is utilized
10		in more than one state, the extent to which it is
11		utilized in any one state shall be a fraction equal
12		to the gross receipts of the licensee or purchaser
13		from sales or leases of items produced,
14		fabricated, manufactured, or processed within that
15		state using the patent and of patented items
16		produced within that state, divided by the total of
17		such gross receipts for all states in which the
18		patent is utilized.
19		(II) A copyright is utilized in a state to the
20		extent that printing or other publication
21		originates in the state. If a copyright is utilized
22		in more than one state, the extent to which it is
23		utilized in any one state shall be a fraction equal
24		to the gross receipts from sales or licenses of
25		materials printed or published in that state
26		divided by the total of such gross receipts for all

HB3855 Engrossed - 226 - LRB100 05985 AMC 16014 b
1		states in which the copyright is utilized.
2		(III) Trademarks and other items of intangible
3		personal property governed by this paragraph (B-1)
4		are utilized in the state in which the commercial
5		domicile of the licensee or purchaser is located.
6		(iii) If the state of utilization of an item of
7		property governed by this paragraph (B-1) cannot be
8		determined from the taxpayer's books and records or
9		from the books and records of any person related to the
10		taxpayer within the meaning of Section 267(b) of the
11		Internal Revenue Code, 26 U.S.C. 267, the gross
12		receipts attributable to that item shall be excluded
13		from both the numerator and the denominator of the
14		sales factor.
15		(B-2) Gross receipts from the license, sale, or other
16		disposition of patents, copyrights, trademarks, and
17		similar items of intangible personal property, other than
18		gross receipts governed by paragraph (B-7) of this item
19		(3), may be included in the numerator or denominator of the
20		sales factor only if gross receipts from licenses, sales,
21		or other disposition of such items comprise more than 50%
22		of the taxpayer's total gross receipts included in gross
23		income during the tax year and during each of the 2
24		immediately preceding tax years; provided that, when a
25		taxpayer is a member of a unitary business group, such
26		determination shall be made on the basis of the gross

HB3855 Engrossed - 227 - LRB100 05985 AMC 16014 b
1		receipts of the entire unitary business group.
2		(B-5) For taxable years ending on or after December 31,
3		2008, except as provided in subsections (ii) through (vii),
4		receipts from the sale of telecommunications service or
5		mobile telecommunications service are in this State if the
6		customer's service address is in this State.
7		(i) For purposes of this subparagraph (B-5), the
8		following terms have the following meanings:
9		"Ancillary services" means services that are
10		associated with or incidental to the provision of
11		"telecommunications services", including but not
12		limited to "detailed telecommunications billing",
13		"directory assistance", "vertical service", and "voice
14		mail services".
15		"Air-to-Ground Radiotelephone service" means a
16		radio service, as that term is defined in 47 CFR 22.99,
17		in which common carriers are authorized to offer and
18		provide radio telecommunications service for hire to
19		subscribers in aircraft.
20		"Call-by-call Basis" means any method of charging
21		for telecommunications services where the price is
22		measured by individual calls.
23		"Communications Channel" means a physical or
24		virtual path of communications over which signals are
25		transmitted between or among customer channel
26		termination points.

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1		"Conference bridging service" means an "ancillary
2		service" that links two or more participants of an
3		audio or video conference call and may include the
4		provision of a telephone number. "Conference bridging
5		service" does not include the "telecommunications
6		services" used to reach the conference bridge.
7		"Customer Channel Termination Point" means the
8		location where the customer either inputs or receives
9		the communications.
10		"Detailed telecommunications billing service"
11		means an "ancillary service" of separately stating
12		information pertaining to individual calls on a
13		customer's billing statement.
14		"Directory assistance" means an "ancillary
15		service" of providing telephone number information,
16		and/or address information.
17		"Home service provider" means the facilities based
18		carrier or reseller with which the customer contracts
19		for the provision of mobile telecommunications
20		services.
21		"Mobile telecommunications service" means
22		commercial mobile radio service, as defined in Section
23		20.3 of Title 47 of the Code of Federal Regulations as
24		in effect on June 1, 1999.
25		"Place of primary use" means the street address
26		representative of where the customer's use of the

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1		telecommunications service primarily occurs, which
2		must be the residential street address or the primary
3		business street address of the customer. In the case of
4		mobile telecommunications services, "place of primary
5		use" must be within the licensed service area of the
6		home service provider.
7		"Post-paid telecommunication service" means the
8		telecommunications service obtained by making a
9		payment on a call-by-call basis either through the use
10		of a credit card or payment mechanism such as a bank
11		card, travel card, credit card, or debit card, or by
12		charge made to a telephone number which is not
13		associated with the origination or termination of the
14		telecommunications service. A post-paid calling
15		service includes telecommunications service, except a
16		prepaid wireless calling service, that would be a
17		prepaid calling service except it is not exclusively a
18		telecommunication service.
19		"Prepaid telecommunication service" means the
20		right to access exclusively telecommunications
21		services, which must be paid for in advance and which
22		enables the origination of calls using an access number
23		or authorization code, whether manually or
24		electronically dialed, and that is sold in
25		predetermined units or dollars of which the number
26		declines with use in a known amount.

HB3855 Engrossed - 230 - LRB100 05985 AMC 16014 b
1		"Prepaid Mobile telecommunication service" means a
2		telecommunications service that provides the right to
3		utilize mobile wireless service as well as other
4		non-telecommunication services, including but not
5		limited to ancillary services, which must be paid for
6		in advance that is sold in predetermined units or
7		dollars of which the number declines with use in a
8		known amount.
9		"Private communication service" means a
10		telecommunication service that entitles the customer
11		to exclusive or priority use of a communications
12		channel or group of channels between or among
13		termination points, regardless of the manner in which
14		such channel or channels are connected, and includes
15		switching capacity, extension lines, stations, and any
16		other associated services that are provided in
17		connection with the use of such channel or channels.
18		"Service address" means:
19		(a) The location of the telecommunications
20		equipment to which a customer's call is charged and
21		from which the call originates or terminates,
22		regardless of where the call is billed or paid;
23		(b) If the location in line (a) is not known,
24		service address means the origination point of the
25		signal of the telecommunications services first
26		identified by either the seller's

HB3855 Engrossed - 231 - LRB100 05985 AMC 16014 b
1		telecommunications system or in information
2		received by the seller from its service provider
3		where the system used to transport such signals is
4		not that of the seller; and
5		(c) If the locations in line (a) and line (b)
6		are not known, the service address means the
7		location of the customer's place of primary use.
8		"Telecommunications service" means the electronic
9		transmission, conveyance, or routing of voice, data,
10		audio, video, or any other information or signals to a
11		point, or between or among points. The term
12		"telecommunications service" includes such
13		transmission, conveyance, or routing in which computer
14		processing applications are used to act on the form,
15		code or protocol of the content for purposes of
16		transmission, conveyance or routing without regard to
17		whether such service is referred to as voice over
18		Internet protocol services or is classified by the
19		Federal Communications Commission as enhanced or value
20		added. "Telecommunications service" does not include:
21		(a) Data processing and information services
22		that allow data to be generated, acquired, stored,
23		processed, or retrieved and delivered by an
24		electronic transmission to a purchaser when such
25		purchaser's primary purpose for the underlying
26		transaction is the processed data or information;

HB3855 Engrossed - 232 - LRB100 05985 AMC 16014 b
1		(b) Installation or maintenance of wiring or
2		equipment on a customer's premises;
3		(c) Tangible personal property;
4		(d) Advertising, including but not limited to
5		directory advertising; .
6		(e) Billing and collection services provided
7		to third parties;
8		(f) Internet access service;
9		(g) Radio and television audio and video
10		programming services, regardless of the medium,
11		including the furnishing of transmission,
12		conveyance and routing of such services by the
13		programming service provider. Radio and television
14		audio and video programming services shall include
15		but not be limited to cable service as defined in
16		47 USC 522(6) and audio and video programming
17		services delivered by commercial mobile radio
18		service providers, as defined in 47 CFR 20.3;
19		(h) "Ancillary services"; or
20		(i) Digital products "delivered
21		electronically", including but not limited to
22		software, music, video, reading materials or ring
23		tones.
24		"Vertical service" means an "ancillary service"
25		that is offered in connection with one or more
26		"telecommunications services", which offers advanced

HB3855 Engrossed - 233 - LRB100 05985 AMC 16014 b
1		calling features that allow customers to identify
2		callers and to manage multiple calls and call
3		connections, including "conference bridging services".
4		"Voice mail service" means an "ancillary service"
5		that enables the customer to store, send or receive
6		recorded messages. "Voice mail service" does not
7		include any "vertical services" that the customer may
8		be required to have in order to utilize the "voice mail
9		service".
10		(ii) Receipts from the sale of telecommunications
11		service sold on an individual call-by-call basis are in
12		this State if either of the following applies:
13		(a) The call both originates and terminates in
14		this State.
15		(b) The call either originates or terminates
16		in this State and the service address is located in
17		this State.
18		(iii) Receipts from the sale of postpaid
19		telecommunications service at retail are in this State
20		if the origination point of the telecommunication
21		signal, as first identified by the service provider's
22		telecommunication system or as identified by
23		information received by the seller from its service
24		provider if the system used to transport
25		telecommunication signals is not the seller's, is
26		located in this State.

HB3855 Engrossed - 234 - LRB100 05985 AMC 16014 b
1		(iv) Receipts from the sale of prepaid
2		telecommunications service or prepaid mobile
3		telecommunications service at retail are in this State
4		if the purchaser obtains the prepaid card or similar
5		means of conveyance at a location in this State.
6		Receipts from recharging a prepaid telecommunications
7		service or mobile telecommunications service is in
8		this State if the purchaser's billing information
9		indicates a location in this State.
10		(v) Receipts from the sale of private
11		communication services are in this State as follows:
12		(a) 100% of receipts from charges imposed at
13		each channel termination point in this State.
14		(b) 100% of receipts from charges for the total
15		channel mileage between each channel termination
16		point in this State.
17		(c) 50% of the total receipts from charges for
18		service segments when those segments are between 2
19		customer channel termination points, 1 of which is
20		located in this State and the other is located
21		outside of this State, which segments are
22		separately charged.
23		(d) The receipts from charges for service
24		segments with a channel termination point located
25		in this State and in two or more other states, and
26		which segments are not separately billed, are in

HB3855 Engrossed - 235 - LRB100 05985 AMC 16014 b
1		this State based on a percentage determined by
2		dividing the number of customer channel
3		termination points in this State by the total
4		number of customer channel termination points.
5		(vi) Receipts from charges for ancillary services
6		for telecommunications service sold to customers at
7		retail are in this State if the customer's primary
8		place of use of telecommunications services associated
9		with those ancillary services is in this State. If the
10		seller of those ancillary services cannot determine
11		where the associated telecommunications are located,
12		then the ancillary services shall be based on the
13		location of the purchaser.
14		(vii) Receipts to access a carrier's network or
15		from the sale of telecommunication services or
16		ancillary services for resale are in this State as
17		follows:
18		(a) 100% of the receipts from access fees
19		attributable to intrastate telecommunications
20		service that both originates and terminates in
21		this State.
22		(b) 50% of the receipts from access fees
23		attributable to interstate telecommunications
24		service if the interstate call either originates
25		or terminates in this State.
26		(c) 100% of the receipts from interstate end

HB3855 Engrossed - 236 - LRB100 05985 AMC 16014 b
1		user access line charges, if the customer's
2		service address is in this State. As used in this
3		subdivision, "interstate end user access line
4		charges" includes, but is not limited to, the
5		surcharge approved by the federal communications
6		commission and levied pursuant to 47 CFR 69.
7		(d) Gross receipts from sales of
8		telecommunication services or from ancillary
9		services for telecommunications services sold to
10		other telecommunication service providers for
11		resale shall be sourced to this State using the
12		apportionment concepts used for non-resale
13		receipts of telecommunications services if the
14		information is readily available to make that
15		determination. If the information is not readily
16		available, then the taxpayer may use any other
17		reasonable and consistent method.
18		(B-7) For taxable years ending on or after December 31,
19		2008, receipts from the sale of broadcasting services are
20		in this State if the broadcasting services are received in
21		this State. For purposes of this paragraph (B-7), the
22		following terms have the following meanings:
23		"Advertising revenue" means consideration received
24		by the taxpayer in exchange for broadcasting services
25		or allowing the broadcasting of commercials or
26		announcements in connection with the broadcasting of

HB3855 Engrossed - 237 - LRB100 05985 AMC 16014 b
1		film or radio programming, from sponsorships of the
2		programming, or from product placements in the
3		programming.
4		"Audience factor" means the ratio that the
5		audience or subscribers located in this State of a
6		station, a network, or a cable system bears to the
7		total audience or total subscribers for that station,
8		network, or cable system. The audience factor for film
9		or radio programming shall be determined by reference
10		to the books and records of the taxpayer or by
11		reference to published rating statistics provided the
12		method used by the taxpayer is consistently used from
13		year to year for this purpose and fairly represents the
14		taxpayer's activity in this State.
15		"Broadcast" or "broadcasting" or "broadcasting
16		services" means the transmission or provision of film
17		or radio programming, whether through the public
18		airwaves, by cable, by direct or indirect satellite
19		transmission, or by any other means of communication,
20		either through a station, a network, or a cable system.
21		"Film" or "film programming" means the broadcast
22		on television of any and all performances, events, or
23		productions, including but not limited to news,
24		sporting events, plays, stories, or other literary,
25		commercial, educational, or artistic works, either
26		live or through the use of video tape, disc, or any

HB3855 Engrossed - 238 - LRB100 05985 AMC 16014 b
1		other type of format or medium. Each episode of a
2		series of films produced for television shall
3		constitute separate "film" notwithstanding that the
4		series relates to the same principal subject and is
5		produced during one or more tax periods.
6		"Radio" or "radio programming" means the broadcast
7		on radio of any and all performances, events, or
8		productions, including but not limited to news,
9		sporting events, plays, stories, or other literary,
10		commercial, educational, or artistic works, either
11		live or through the use of an audio tape, disc, or any
12		other format or medium. Each episode in a series of
13		radio programming produced for radio broadcast shall
14		constitute a separate "radio programming"
15		notwithstanding that the series relates to the same
16		principal subject and is produced during one or more
17		tax periods.
18		(i) In the case of advertising revenue from
19		broadcasting, the customer is the advertiser and
20		the service is received in this State if the
21		commercial domicile of the advertiser is in this
22		State.
23		(ii) In the case where film or radio
24		programming is broadcast by a station, a network,
25		or a cable system for a fee or other remuneration
26		received from the recipient of the broadcast, the

HB3855 Engrossed - 239 - LRB100 05985 AMC 16014 b
1		portion of the service that is received in this
2		State is measured by the portion of the recipients
3		of the broadcast located in this State.
4		Accordingly, the fee or other remuneration for
5		such service that is included in the Illinois
6		numerator of the sales factor is the total of those
7		fees or other remuneration received from
8		recipients in Illinois. For purposes of this
9		paragraph, a taxpayer may determine the location
10		of the recipients of its broadcast using the
11		address of the recipient shown in its contracts
12		with the recipient or using the billing address of
13		the recipient in the taxpayer's records.
14		(iii) In the case where film or radio
15		programming is broadcast by a station, a network,
16		or a cable system for a fee or other remuneration
17		from the person providing the programming, the
18		portion of the broadcast service that is received
19		by such station, network, or cable system in this
20		State is measured by the portion of recipients of
21		the broadcast located in this State. Accordingly,
22		the amount of revenue related to such an
23		arrangement that is included in the Illinois
24		numerator of the sales factor is the total fee or
25		other total remuneration from the person providing
26		the programming related to that broadcast

HB3855 Engrossed - 240 - LRB100 05985 AMC 16014 b
1		multiplied by the Illinois audience factor for
2		that broadcast.
3		(iv) In the case where film or radio
4		programming is provided by a taxpayer that is a
5		network or station to a customer for broadcast in
6		exchange for a fee or other remuneration from that
7		customer the broadcasting service is received at
8		the location of the office of the customer from
9		which the services were ordered in the regular
10		course of the customer's trade or business.
11		Accordingly, in such a case the revenue derived by
12		the taxpayer that is included in the taxpayer's
13		Illinois numerator of the sales factor is the
14		revenue from such customers who receive the
15		broadcasting service in Illinois.
16		(v) In the case where film or radio programming
17		is provided by a taxpayer that is not a network or
18		station to another person for broadcasting in
19		exchange for a fee or other remuneration from that
20		person, the broadcasting service is received at
21		the location of the office of the customer from
22		which the services were ordered in the regular
23		course of the customer's trade or business.
24		Accordingly, in such a case the revenue derived by
25		the taxpayer that is included in the taxpayer's
26		Illinois numerator of the sales factor is the

HB3855 Engrossed - 241 - LRB100 05985 AMC 16014 b
1		revenue from such customers who receive the
2		broadcasting service in Illinois.
3		(B-8) Gross receipts from winnings under the Illinois
4		Lottery Law from the assignment of a prize under Section
5		13.1 of the Illinois Lottery Law are received in this
6		State. This paragraph (B-8) applies only to taxable years
7		ending on or after December 31, 2013.
8		(C) For taxable years ending before December 31, 2008,
9		sales, other than sales governed by paragraphs (B), (B-1),
10		(B-2), and (B-8) are in this State if:
11		(i) The income-producing activity is performed in
12		this State; or
13		(ii) The income-producing activity is performed
14		both within and without this State and a greater
15		proportion of the income-producing activity is
16		performed within this State than without this State,
17		based on performance costs.
18		(C-5) For taxable years ending on or after December 31,
19		2008, sales, other than sales governed by paragraphs (B),
20		(B-1), (B-2), (B-5), and (B-7), are in this State if any of
21		the following criteria are met:
22		(i) Sales from the sale or lease of real property
23		are in this State if the property is located in this
24		State.
25		(ii) Sales from the lease or rental of tangible
26		personal property are in this State if the property is

HB3855 Engrossed - 242 - LRB100 05985 AMC 16014 b
1		located in this State during the rental period. Sales
2		from the lease or rental of tangible personal property
3		that is characteristically moving property, including,
4		but not limited to, motor vehicles, rolling stock,
5		aircraft, vessels, or mobile equipment are in this
6		State to the extent that the property is used in this
7		State.
8		(iii) In the case of interest, net gains (but not
9		less than zero) and other items of income from
10		intangible personal property, the sale is in this State
11		if:
12		(a) in the case of a taxpayer who is a dealer
13		in the item of intangible personal property within
14		the meaning of Section 475 of the Internal Revenue
15		Code, the income or gain is received from a
16		customer in this State. For purposes of this
17		subparagraph, a customer is in this State if the
18		customer is an individual, trust or estate who is a
19		resident of this State and, for all other
20		customers, if the customer's commercial domicile
21		is in this State. Unless the dealer has actual
22		knowledge of the residence or commercial domicile
23		of a customer during a taxable year, the customer
24		shall be deemed to be a customer in this State if
25		the billing address of the customer, as shown in
26		the records of the dealer, is in this State; or

HB3855 Engrossed - 243 - LRB100 05985 AMC 16014 b
1		(b) in all other cases, if the
2		income-producing activity of the taxpayer is
3		performed in this State or, if the
4		income-producing activity of the taxpayer is
5		performed both within and without this State, if a
6		greater proportion of the income-producing
7		activity of the taxpayer is performed within this
8		State than in any other state, based on performance
9		costs.
10		(iv) Sales of services are in this State if the
11		services are received in this State. For the purposes
12		of this section, gross receipts from the performance of
13		services provided to a corporation, partnership, or
14		trust may only be attributed to a state where that
15		corporation, partnership, or trust has a fixed place of
16		business. If the state where the services are received
17		is not readily determinable or is a state where the
18		corporation, partnership, or trust receiving the
19		service does not have a fixed place of business, the
20		services shall be deemed to be received at the location
21		of the office of the customer from which the services
22		were ordered in the regular course of the customer's
23		trade or business. If the ordering office cannot be
24		determined, the services shall be deemed to be received
25		at the office of the customer to which the services are
26		billed. If the taxpayer is not taxable in the state in

HB3855 Engrossed - 244 - LRB100 05985 AMC 16014 b
1		which the services are received, the sale must be
2		excluded from both the numerator and the denominator of
3		the sales factor. The Department shall adopt rules
4		prescribing where specific types of service are
5		received, including, but not limited to, publishing,
6		and utility service.
7		(D) For taxable years ending on or after December 31,
8		1995, the following items of income shall not be included
9		in the numerator or denominator of the sales factor:
10		dividends; amounts included under Section 78 of the
11		Internal Revenue Code; and Subpart F income as defined in
12		Section 952 of the Internal Revenue Code. No inference
13		shall be drawn from the enactment of this paragraph (D) in
14		construing this Section for taxable years ending before
15		December 31, 1995.
16		(E) Paragraphs (B-1) and (B-2) shall apply to tax years
17		ending on or after December 31, 1999, provided that a
18		taxpayer may elect to apply the provisions of these
19		paragraphs to prior tax years. Such election shall be made
20		in the form and manner prescribed by the Department, shall
21		be irrevocable, and shall apply to all tax years; provided
22		that, if a taxpayer's Illinois income tax liability for any
23		tax year, as assessed under Section 903 prior to January 1,
24		1999, was computed in a manner contrary to the provisions
25		of paragraphs (B-1) or (B-2), no refund shall be payable to
26		the taxpayer for that tax year to the extent such refund is

HB3855 Engrossed - 245 - LRB100 05985 AMC 16014 b
1		the result of applying the provisions of paragraph (B-1) or
2		(B-2) retroactively. In the case of a unitary business
3		group, such election shall apply to all members of such
4		group for every tax year such group is in existence, but
5		shall not apply to any taxpayer for any period during which
6		that taxpayer is not a member of such group.
7		(b) Insurance companies.
8		(1) In general. Except as otherwise provided by
9		paragraph (2), business income of an insurance company for
10		a taxable year shall be apportioned to this State by
11		multiplying such income by a fraction, the numerator of
12		which is the direct premiums written for insurance upon
13		property or risk in this State, and the denominator of
14		which is the direct premiums written for insurance upon
15		property or risk everywhere. For purposes of this
16		subsection, the term "direct premiums written" means the
17		total amount of direct premiums written, assessments and
18		annuity considerations as reported for the taxable year on
19		the annual statement filed by the company with the Illinois
20		Director of Insurance in the form approved by the National
21		Convention of Insurance Commissioners or such other form as
22		may be prescribed in lieu thereof.
23		(2) Reinsurance. If the principal source of premiums
24		written by an insurance company consists of premiums for
25		reinsurance accepted by it, the business income of such
26		company shall be apportioned to this State by multiplying

HB3855 Engrossed - 246 - LRB100 05985 AMC 16014 b
1		such income by a fraction, the numerator of which is the
2		sum of (i) direct premiums written for insurance upon
3		property or risk in this State, plus (ii) premiums written
4		for reinsurance accepted in respect of property or risk in
5		this State, and the denominator of which is the sum of
6		(iii) direct premiums written for insurance upon property
7		or risk everywhere, plus (iv) premiums written for
8		reinsurance accepted in respect of property or risk
9		everywhere. For purposes of this paragraph, premiums
10		written for reinsurance accepted in respect of property or
11		risk in this State, whether or not otherwise determinable,
12		may, at the election of the company, be determined on the
13		basis of the proportion which premiums written for
14		reinsurance accepted from companies commercially domiciled
15		in Illinois bears to premiums written for reinsurance
16		accepted from all sources, or, alternatively, in the
17		proportion which the sum of the direct premiums written for
18		insurance upon property or risk in this State by each
19		ceding company from which reinsurance is accepted bears to
20		the sum of the total direct premiums written by each such
21		ceding company for the taxable year. The election made by a
22		company under this paragraph for its first taxable year
23		ending on or after December 31, 2011, shall be binding for
24		that company for that taxable year and for all subsequent
25		taxable years, and may be altered only with the written
26		permission of the Department, which shall not be

HB3855 Engrossed - 247 - LRB100 05985 AMC 16014 b
1		unreasonably withheld.
2		(c) Financial organizations.
3		(1) In general. For taxable years ending before
4		December 31, 2008, business income of a financial
5		organization shall be apportioned to this State by
6		multiplying such income by a fraction, the numerator of
7		which is its business income from sources within this
8		State, and the denominator of which is its business income
9		from all sources. For the purposes of this subsection, the
10		business income of a financial organization from sources
11		within this State is the sum of the amounts referred to in
12		subparagraphs (A) through (E) following, but excluding the
13		adjusted income of an international banking facility as
14		determined in paragraph (2):
15		(A) Fees, commissions or other compensation for
16		financial services rendered within this State;
17		(B) Gross profits from trading in stocks, bonds or
18		other securities managed within this State;
19		(C) Dividends, and interest from Illinois
20		customers, which are received within this State;
21		(D) Interest charged to customers at places of
22		business maintained within this State for carrying
23		debit balances of margin accounts, without deduction
24		of any costs incurred in carrying such accounts; and
25		(E) Any other gross income resulting from the
26		operation as a financial organization within this

HB3855 Engrossed - 248 - LRB100 05985 AMC 16014 b
1		State. In computing the amounts referred to in
2		paragraphs (A) through (E) of this subsection, any
3		amount received by a member of an affiliated group
4		(determined under Section 1504(a) of the Internal
5		Revenue Code but without reference to whether any such
6		corporation is an "includible corporation" under
7		Section 1504(b) of the Internal Revenue Code) from
8		another member of such group shall be included only to
9		the extent such amount exceeds expenses of the
10		recipient directly related thereto.
11		(2) International Banking Facility. For taxable years
12		ending before December 31, 2008:
13		(A) Adjusted Income. The adjusted income of an
14		international banking facility is its income reduced
15		by the amount of the floor amount.
16		(B) Floor Amount. The floor amount shall be the
17		amount, if any, determined by multiplying the income of
18		the international banking facility by a fraction, not
19		greater than one, which is determined as follows:
20		(i) The numerator shall be:
21		The average aggregate, determined on a
22		quarterly basis, of the financial organization's
23		loans to banks in foreign countries, to foreign
24		domiciled borrowers (except where secured
25		primarily by real estate) and to foreign
26		governments and other foreign official

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1		institutions, as reported for its branches,
2		agencies and offices within the state on its
3		"Consolidated Report of Condition", Schedule A,
4		Lines 2.c., 5.b., and 7.a., which was filed with
5		the Federal Deposit Insurance Corporation and
6		other regulatory authorities, for the year 1980,
7		minus
8		The average aggregate, determined on a
9		quarterly basis, of such loans (other than loans of
10		an international banking facility), as reported by
11		the financial institution for its branches,
12		agencies and offices within the state, on the
13		corresponding Schedule and lines of the
14		Consolidated Report of Condition for the current
15		taxable year, provided, however, that in no case
16		shall the amount determined in this clause (the
17		subtrahend) exceed the amount determined in the
18		preceding clause (the minuend); and
19		(ii) the denominator shall be the average
20		aggregate, determined on a quarterly basis, of the
21		international banking facility's loans to banks in
22		foreign countries, to foreign domiciled borrowers
23		(except where secured primarily by real estate)
24		and to foreign governments and other foreign
25		official institutions, which were recorded in its
26		financial accounts for the current taxable year.

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1		(C) Change to Consolidated Report of Condition and
2		in Qualification. In the event the Consolidated Report
3		of Condition which is filed with the Federal Deposit
4		Insurance Corporation and other regulatory authorities
5		is altered so that the information required for
6		determining the floor amount is not found on Schedule
7		A, lines 2.c., 5.b. and 7.a., the financial institution
8		shall notify the Department and the Department may, by
9		regulations or otherwise, prescribe or authorize the
10		use of an alternative source for such information. The
11		financial institution shall also notify the Department
12		should its international banking facility fail to
13		qualify as such, in whole or in part, or should there
14		be any amendment or change to the Consolidated Report
15		of Condition, as originally filed, to the extent such
16		amendment or change alters the information used in
17		determining the floor amount.
18		(3) For taxable years ending on or after December 31,
19		2008, the business income of a financial organization shall
20		be apportioned to this State by multiplying such income by
21		a fraction, the numerator of which is its gross receipts
22		from sources in this State or otherwise attributable to
23		this State's marketplace and the denominator of which is
24		its gross receipts everywhere during the taxable year.
25		"Gross receipts" for purposes of this subparagraph (3)
26		means gross income, including net taxable gain on

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1		disposition of assets, including securities and money
2		market instruments, when derived from transactions and
3		activities in the regular course of the financial
4		organization's trade or business. The following examples
5		are illustrative:
6		(i) Receipts from the lease or rental of real or
7		tangible personal property are in this State if the
8		property is located in this State during the rental
9		period. Receipts from the lease or rental of tangible
10		personal property that is characteristically moving
11		property, including, but not limited to, motor
12		vehicles, rolling stock, aircraft, vessels, or mobile
13		equipment are from sources in this State to the extent
14		that the property is used in this State.
15		(ii) Interest income, commissions, fees, gains on
16		disposition, and other receipts from assets in the
17		nature of loans that are secured primarily by real
18		estate or tangible personal property are from sources
19		in this State if the security is located in this State.
20		(iii) Interest income, commissions, fees, gains on
21		disposition, and other receipts from consumer loans
22		that are not secured by real or tangible personal
23		property are from sources in this State if the debtor
24		is a resident of this State.
25		(iv) Interest income, commissions, fees, gains on
26		disposition, and other receipts from commercial loans

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1		and installment obligations that are not secured by
2		real or tangible personal property are from sources in
3		this State if the proceeds of the loan are to be
4		applied in this State. If it cannot be determined where
5		the funds are to be applied, the income and receipts
6		are from sources in this State if the office of the
7		borrower from which the loan was negotiated in the
8		regular course of business is located in this State. If
9		the location of this office cannot be determined, the
10		income and receipts shall be excluded from the
11		numerator and denominator of the sales factor.
12		(v) Interest income, fees, gains on disposition,
13		service charges, merchant discount income, and other
14		receipts from credit card receivables are from sources
15		in this State if the card charges are regularly billed
16		to a customer in this State.
17		(vi) Receipts from the performance of services,
18		including, but not limited to, fiduciary, advisory,
19		and brokerage services, are in this State if the
20		services are received in this State within the meaning
21		of subparagraph (a)(3)(C-5)(iv) of this Section.
22		(vii) Receipts from the issuance of travelers
23		checks and money orders are from sources in this State
24		if the checks and money orders are issued from a
25		location within this State.
26		(viii) Receipts from investment assets and

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1		activities and trading assets and activities are
2		included in the receipts factor as follows:
3		(1) Interest, dividends, net gains (but not
4		less than zero) and other income from investment
5		assets and activities from trading assets and
6		activities shall be included in the receipts
7		factor. Investment assets and activities and
8		trading assets and activities include but are not
9		limited to: investment securities; trading account
10		assets; federal funds; securities purchased and
11		sold under agreements to resell or repurchase;
12		options; futures contracts; forward contracts;
13		notional principal contracts such as swaps;
14		equities; and foreign currency transactions. With
15		respect to the investment and trading assets and
16		activities described in subparagraphs (A) and (B)
17		of this paragraph, the receipts factor shall
18		include the amounts described in such
19		subparagraphs.
20		(A) The receipts factor shall include the
21		amount by which interest from federal funds
22		sold and securities purchased under resale
23		agreements exceeds interest expense on federal
24		funds purchased and securities sold under
25		repurchase agreements.
26		(B) The receipts factor shall include the

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1		amount by which interest, dividends, gains and
2		other income from trading assets and
3		activities, including but not limited to
4		assets and activities in the matched book, in
5		the arbitrage book, and foreign currency
6		transactions, exceed amounts paid in lieu of
7		interest, amounts paid in lieu of dividends,
8		and losses from such assets and activities.
9		(2) The numerator of the receipts factor
10		includes interest, dividends, net gains (but not
11		less than zero), and other income from investment
12		assets and activities and from trading assets and
13		activities described in paragraph (1) of this
14		subsection that are attributable to this State.
15		(A) The amount of interest, dividends, net
16		gains (but not less than zero), and other
17		income from investment assets and activities
18		in the investment account to be attributed to
19		this State and included in the numerator is
20		determined by multiplying all such income from
21		such assets and activities by a fraction, the
22		numerator of which is the gross income from
23		such assets and activities which are properly
24		assigned to a fixed place of business of the
25		taxpayer within this State and the denominator
26		of which is the gross income from all such

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1		assets and activities.
2		(B) The amount of interest from federal
3		funds sold and purchased and from securities
4		purchased under resale agreements and
5		securities sold under repurchase agreements
6		attributable to this State and included in the
7		numerator is determined by multiplying the
8		amount described in subparagraph (A) of
9		paragraph (1) of this subsection from such
10		funds and such securities by a fraction, the
11		numerator of which is the gross income from
12		such funds and such securities which are
13		properly assigned to a fixed place of business
14		of the taxpayer within this State and the
15		denominator of which is the gross income from
16		all such funds and such securities.
17		(C) The amount of interest, dividends,
18		gains, and other income from trading assets and
19		activities, including but not limited to
20		assets and activities in the matched book, in
21		the arbitrage book and foreign currency
22		transactions (but excluding amounts described
23		in subparagraphs (A) or (B) of this paragraph),
24		attributable to this State and included in the
25		numerator is determined by multiplying the
26		amount described in subparagraph (B) of

HB3855 Engrossed - 256 - LRB100 05985 AMC 16014 b
1		paragraph (1) of this subsection by a fraction,
2		the numerator of which is the gross income from
3		such trading assets and activities which are
4		properly assigned to a fixed place of business
5		of the taxpayer within this State and the
6		denominator of which is the gross income from
7		all such assets and activities.
8		(D) Properly assigned, for purposes of
9		this paragraph (2) of this subsection, means
10		the investment or trading asset or activity is
11		assigned to the fixed place of business with
12		which it has a preponderance of substantive
13		contacts. An investment or trading asset or
14		activity assigned by the taxpayer to a fixed
15		place of business without the State shall be
16		presumed to have been properly assigned if:
17		(i) the taxpayer has assigned, in the
18		regular course of its business, such asset
19		or activity on its records to a fixed place
20		of business consistent with federal or
21		state regulatory requirements;
22		(ii) such assignment on its records is
23		based upon substantive contacts of the
24		asset or activity to such fixed place of
25		business; and
26		(iii) the taxpayer uses such records

HB3855 Engrossed - 257 - LRB100 05985 AMC 16014 b
1		reflecting assignment of such assets or
2		activities for the filing of all state and
3		local tax returns for which an assignment
4		of such assets or activities to a fixed
5		place of business is required.
6		(E) The presumption of proper assignment
7		of an investment or trading asset or activity
8		provided in subparagraph (D) of paragraph (2)
9		of this subsection may be rebutted upon a
10		showing by the Department, supported by a
11		preponderance of the evidence, that the
12		preponderance of substantive contacts
13		regarding such asset or activity did not occur
14		at the fixed place of business to which it was
15		assigned on the taxpayer's records. If the
16		fixed place of business that has a
17		preponderance of substantive contacts cannot
18		be determined for an investment or trading
19		asset or activity to which the presumption in
20		subparagraph (D) of paragraph (2) of this
21		subsection does not apply or with respect to
22		which that presumption has been rebutted, that
23		asset or activity is properly assigned to the
24		state in which the taxpayer's commercial
25		domicile is located. For purposes of this
26		subparagraph (E), it shall be presumed,

HB3855 Engrossed - 258 - LRB100 05985 AMC 16014 b
1		subject to rebuttal, that taxpayer's
2		commercial domicile is in the state of the
3		United States or the District of Columbia to
4		which the greatest number of employees are
5		regularly connected with the management of the
6		investment or trading income or out of which
7		they are working, irrespective of where the
8		services of such employees are performed, as of
9		the last day of the taxable year.
10		(4) (Blank).
11		(5) (Blank).
12		(c-1) Federally regulated exchanges. For taxable years
13		ending on or after December 31, 2012, business income of a
14		federally regulated exchange shall, at the option of the
15		federally regulated exchange, be apportioned to this State by
16		multiplying such income by a fraction, the numerator of which
17		is its business income from sources within this State, and the
18		denominator of which is its business income from all sources.
19		For purposes of this subsection, the business income within
20		this State of a federally regulated exchange is the sum of the
21		following:
22		(1) Receipts attributable to transactions executed on
23		a physical trading floor if that physical trading floor is
24		located in this State.
25		(2) Receipts attributable to all other matching,
26		execution, or clearing transactions, including without

HB3855 Engrossed - 259 - LRB100 05985 AMC 16014 b
1		limitation receipts from the provision of matching,
2		execution, or clearing services to another entity,
3		multiplied by (i) for taxable years ending on or after
4		December 31, 2012 but before December 31, 2013, 63.77%; and
5		(ii) for taxable years ending on or after December 31,
6		2013, 27.54%.
7		(3) All other receipts not governed by subparagraphs
8		(1) or (2) of this subsection (c-1), to the extent the
9		receipts would be characterized as "sales in this State"
10		under item (3) of subsection (a) of this Section.
11		"Federally regulated exchange" means (i) a "registered
12		entity" within the meaning of 7 U.S.C. Section 1a(40)(A), (B),
13		or (C), (ii) an "exchange" or "clearing agency" within the
14		meaning of 15 U.S.C. Section 78c (a)(1) or (23), (iii) any such
15		entities regulated under any successor regulatory structure to
16		the foregoing, and (iv) all taxpayers who are members of the
17		same unitary business group as a federally regulated exchange,
18		determined without regard to the prohibition in Section
19		1501(a)(27) of this Act against including in a unitary business
20		group taxpayers who are ordinarily required to apportion
21		business income under different subsections of this Section;
22		provided that this subparagraph (iv) shall apply only if 50% or
23		more of the business receipts of the unitary business group
24		determined by application of this subparagraph (iv) for the
25		taxable year are attributable to the matching, execution, or
26		clearing of transactions conducted by an entity described in

HB3855 Engrossed - 260 - LRB100 05985 AMC 16014 b
1		subparagraph (i), (ii), or (iii) of this paragraph.
2		In no event shall the Illinois apportionment percentage
3		computed in accordance with this subsection (c-1) for any
4		taxpayer for any tax year be less than the Illinois
5		apportionment percentage computed under this subsection (c-1)
6		for that taxpayer for the first full tax year ending on or
7		after December 31, 2013 for which this subsection (c-1) applied
8		to the taxpayer.
9		(d) Transportation services. For taxable years ending
10		before December 31, 2008, business income derived from
11		furnishing transportation services shall be apportioned to
12		this State in accordance with paragraphs (1) and (2):
13		(1) Such business income (other than that derived from
14		transportation by pipeline) shall be apportioned to this
15		State by multiplying such income by a fraction, the
16		numerator of which is the revenue miles of the person in
17		this State, and the denominator of which is the revenue
18		miles of the person everywhere. For purposes of this
19		paragraph, a revenue mile is the transportation of 1
20		passenger or 1 net ton of freight the distance of 1 mile
21		for a consideration. Where a person is engaged in the
22		transportation of both passengers and freight, the
23		fraction above referred to shall be determined by means of
24		an average of the passenger revenue mile fraction and the
25		freight revenue mile fraction, weighted to reflect the
26		person's

HB3855 Engrossed - 261 - LRB100 05985 AMC 16014 b
1		(A) relative railway operating income from total
2		passenger and total freight service, as reported to the
3		Interstate Commerce Commission, in the case of
4		transportation by railroad, and
5		(B) relative gross receipts from passenger and
6		freight transportation, in case of transportation
7		other than by railroad.
8		(2) Such business income derived from transportation
9		by pipeline shall be apportioned to this State by
10		multiplying such income by a fraction, the numerator of
11		which is the revenue miles of the person in this State, and
12		the denominator of which is the revenue miles of the person
13		everywhere. For the purposes of this paragraph, a revenue
14		mile is the transportation by pipeline of 1 barrel of oil,
15		1,000 cubic feet of gas, or of any specified quantity of
16		any other substance, the distance of 1 mile for a
17		consideration.
18		(3) For taxable years ending on or after December 31,
19		2008, business income derived from providing
20		transportation services other than airline services shall
21		be apportioned to this State by using a fraction, (a) the
22		numerator of which shall be (i) all receipts from any
23		movement or shipment of people, goods, mail, oil, gas, or
24		any other substance (other than by airline) that both
25		originates and terminates in this State, plus (ii) that
26		portion of the person's gross receipts from movements or

HB3855 Engrossed - 262 - LRB100 05985 AMC 16014 b
1		shipments of people, goods, mail, oil, gas, or any other
2		substance (other than by airline) that originates in one
3		state or jurisdiction and terminates in another state or
4		jurisdiction, that is determined by the ratio that the
5		miles traveled in this State bears to total miles
6		everywhere and (b) the denominator of which shall be all
7		revenue derived from the movement or shipment of people,
8		goods, mail, oil, gas, or any other substance (other than
9		by airline). Where a taxpayer is engaged in the
10		transportation of both passengers and freight, the
11		fraction above referred to shall first be determined
12		separately for passenger miles and freight miles. Then an
13		average of the passenger miles fraction and the freight
14		miles fraction shall be weighted to reflect the taxpayer's:
15		(A) relative railway operating income from total
16		passenger and total freight service, as reported to the
17		Surface Transportation Board, in the case of
18		transportation by railroad; and
19		(B) relative gross receipts from passenger and
20		freight transportation, in case of transportation
21		other than by railroad.
22		(4) For taxable years ending on or after December 31,
23		2008, business income derived from furnishing airline
24		transportation services shall be apportioned to this State
25		by multiplying such income by a fraction, the numerator of
26		which is the revenue miles of the person in this State, and

HB3855 Engrossed - 263 - LRB100 05985 AMC 16014 b
1		the denominator of which is the revenue miles of the person
2		everywhere. For purposes of this paragraph, a revenue mile
3		is the transportation of one passenger or one net ton of
4		freight the distance of one mile for a consideration. If a
5		person is engaged in the transportation of both passengers
6		and freight, the fraction above referred to shall be
7		determined by means of an average of the passenger revenue
8		mile fraction and the freight revenue mile fraction,
9		weighted to reflect the person's relative gross receipts
10		from passenger and freight airline transportation.
11		(e) Combined apportionment. Where 2 or more persons are
12		engaged in a unitary business as described in subsection
13		(a)(27) of Section 1501, a part of which is conducted in this
14		State by one or more members of the group, the business income
15		attributable to this State by any such member or members shall
16		be apportioned by means of the combined apportionment method.
17		(f) Alternative allocation. If the allocation and
18		apportionment provisions of subsections (a) through (e) and of
19		subsection (h) do not, for taxable years ending before December
20		31, 2008, fairly represent the extent of a person's business
21		activity in this State, or, for taxable years ending on or
22		after December 31, 2008, fairly represent the market for the
23		person's goods, services, or other sources of business income,
24		the person may petition for, or the Director may, without a
25		petition, permit or require, in respect of all or any part of
26		the person's business activity, if reasonable:

HB3855 Engrossed - 264 - LRB100 05985 AMC 16014 b
1		(1) Separate accounting;
2		(2) The exclusion of any one or more factors;
3		(3) The inclusion of one or more additional factors
4		which will fairly represent the person's business
5		activities or market in this State; or
6		(4) The employment of any other method to effectuate an
7		equitable allocation and apportionment of the person's
8		business income.
9		(g) Cross reference. For allocation of business income by
10		residents, see Section 301(a).
11		(h) For tax years ending on or after December 31, 1998, the
12		apportionment factor of persons who apportion their business
13		income to this State under subsection (a) shall be equal to:
14		(1) for tax years ending on or after December 31, 1998
15		and before December 31, 1999, 16 2/3% of the property
16		factor plus 16 2/3% of the payroll factor plus 66 2/3% of
17		the sales factor;
18		(2) for tax years ending on or after December 31, 1999
19		and before December 31, 2000, 8 1/3% of the property factor
20		plus 8 1/3% of the payroll factor plus 83 1/3% of the sales
21		factor;
22		(3) for tax years ending on or after December 31, 2000,
23		the sales factor.
24		If, in any tax year ending on or after December 31, 1998 and
25		before December 31, 2000, the denominator of the payroll,
26		property, or sales factor is zero, the apportionment factor

HB3855 Engrossed - 265 - LRB100 05985 AMC 16014 b
1		computed in paragraph (1) or (2) of this subsection for that
2		year shall be divided by an amount equal to 100% minus the
3		percentage weight given to each factor whose denominator is
4		equal to zero.
5		(Source: P.A. 98-478, eff. 1-1-14; 98-496, eff. 1-1-14; 98-756,
6		eff. 7-16-14; 99-642, eff. 7-28-16; revised 11-14-16.)
7		(35 ILCS 5/507GG)
8		Sec. 507GG. Diabetes Research Checkoff Fund checkoff. For
9		taxable years ending on or after December 31, 2005, the
10		Department must print on its standard individual income tax
11		form a provision indicating that if the taxpayer wishes to
12		contribute to the Diabetes Research Checkoff Fund, as
13		authorized by Public Act 94-107, he or she may do so by stating
14		the amount of the contribution (not less than $1) on the return
15		and that the contribution will reduce the taxpayer's refund or
16		increase the amount of payment to accompany the return. Failure
17		to remit any amount of increased payment shall reduce the
18		contribution accordingly. This Section does not apply to any
19		amended return.
20		(Source: P.A. 94-107, eff. 7-1-05; 95-331, eff. 8-21-07;
21		revised 9-9-16.)
22		(35 ILCS 5/709.5)
23		Sec. 709.5. Withholding by partnerships, Subchapter S
24		corporations, and trusts.

HB3855 Engrossed - 266 - LRB100 05985 AMC 16014 b
1		(a) In general. For each taxable year ending on or after
2		December 31, 2008, every partnership (other than a publicly
3		traded partnership under Section 7704 of the Internal Revenue
4		Code or investment partnership), Subchapter S corporation, and
5		trust must withhold from each nonresident partner,
6		shareholder, or beneficiary (other than a partner,
7		shareholder, or beneficiary who is exempt from tax under
8		Section 501(a) of the Internal Revenue Code or under Section
9		205 of this Act, who is included on a composite return filed by
10		the partnership or Subchapter S corporation for the taxable
11		year under subsection (f) of Section 502 of this Act), or who
12		is a retired partner, to the extent that partner's
13		distributions are exempt from tax under Section 203(a)(2)(F) of
14		this Act) an amount equal to the sum of (i) the share of
15		business income of the partnership, Subchapter S corporation,
16		or trust apportionable to Illinois plus (ii) for taxable years
17		ending on or after December 31, 2014, the share of nonbusiness
18		income of the partnership, Subchapter S corporation, or trust
19		allocated to Illinois under Section 303 of this Act (other than
20		an amount allocated to the commercial domicile of the taxpayer
21		under Section 303 of this Act) that is distributable to that
22		partner, shareholder, or beneficiary under Sections 702 and 704
23		and Subchapter S of the Internal Revenue Code, whether or not
24		distributed, (iii) multiplied by the applicable rates of tax
25		for that partner, shareholder, or beneficiary under
26		subsections (a) through (d) of Section 201 of this Act, and

HB3855 Engrossed - 267 - LRB100 05985 AMC 16014 b
1		(iv) net of the share of any credit under Article 2 of this Act
2		that is distributable by the partnership, Subchapter S
3		corporation, or trust and allowable against the tax liability
4		of that partner, shareholder, or beneficiary for a taxable year
5		ending on or after December 31, 2014.
6		(b) Credit for taxes withheld. Any amount withheld under
7		subsection (a) of this Section and paid to the Department shall
8		be treated as a payment of the estimated tax liability or of
9		the liability for withholding under this Section of the
10		partner, shareholder, or beneficiary to whom the income is
11		distributable for the taxable year in which that person
12		incurred a liability under this Act with respect to that
13		income. The Department shall adopt rules pursuant to which a
14		partner, shareholder, or beneficiary may claim a credit against
15		its obligation for withholding under this Section for amounts
16		withheld under this Section with respect to income
17		distributable to it by a partnership, Subchapter S corporation,
18		or trust and allowing its partners, shareholders, or
19		beneficiaries to claim a credit under this subsection (b) for
20		those withheld amounts.
21		(c) Exemption from withholding.
22		(1) A partnership, Subchapter S corporation, or trust
23		shall not be required to withhold tax under subsection (a)
24		of this Section with respect to any nonresident partner,
25		shareholder, or beneficiary (other than an individual)
26		from whom the partnership, S corporation, or trust has

HB3855 Engrossed - 268 - LRB100 05985 AMC 16014 b
1		received a certificate, completed in the form and manner
2		prescribed by the Department, stating that such
3		nonresident partner, shareholder, or beneficiary shall:
4		(A) file all returns that the partner,
5		shareholder, or beneficiary is required to file under
6		Section 502 of this Act and make timely payment of all
7		taxes imposed under Section 201 of this Act or under
8		this Section on the partner, shareholder, or
9		beneficiary with respect to income of the partnership,
10		S corporation, or trust; and
11		(B) be subject to personal jurisdiction in this
12		State for purposes of the collection of income taxes,
13		together with related interest and penalties, imposed
14		on the partner, shareholder, or beneficiary with
15		respect to the income of the partnership, S
16		corporation, or trust.
17		(2) The Department may revoke the exemption provided by
18		this subsection (c) at any time that it determines that the
19		nonresident partner, shareholder, or beneficiary is not
20		abiding by the terms of the certificate. The Department
21		shall notify the partnership, S corporation, or trust that
22		it has revoked a certificate by notice left at the usual
23		place of business of the partnership, S corporation, or
24		trust or by mail to the last known address of the
25		partnership, S corporation, or trust.
26		(3) A partnership, S corporation, or trust that

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1		receives a certificate under this subsection (c) properly
2		completed by a nonresident partner, shareholder, or
3		beneficiary shall not be required to withhold any amount
4		from that partner, shareholder, or beneficiary, the
5		payment of which would be due under Section 711(a-5) of
6		this Act after the receipt of the certificate and no
7		earlier than 60 days after the Department has notified the
8		partnership, S corporation, or trust that the certificate
9		has been revoked.
10		(4) Certificates received by a the partnership, S
11		corporation, or trust under this subsection (c) must be
12		retained by the partnership, S corporation, or trust and a
13		record of such certificates must be provided to the
14		Department, in a format in which the record is available
15		for review by the Department, upon request by the
16		Department. The Department may, by rule, require the record
17		of certificates to be maintained and provided to the
18		Department electronically.
19		(Source: P.A. 97-507, eff. 8-23-11; 98-478, eff. 1-1-14;
20		revised 9-9-16.)
21		Section 225. The Tobacco Products Tax Act of 1995 is
22		amended by changing Section 10-50 as follows:
23		(35 ILCS 143/10-50)
24		Sec. 10-50. Violations and penalties. When the amount due

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1		is under $300, any distributor who fails to file a return,
2		willfully fails or refuses to make any payment to the
3		Department of the tax imposed by this Act, or files a
4		fraudulent return, or any officer or agent of a corporation
5		engaged in the business of distributing tobacco products to
6		retailers and consumers located in this State who signs a
7		fraudulent return filed on behalf of the corporation, or any
8		accountant or other agent who knowingly enters false
9		information on the return of any taxpayer under this Act is
10		guilty of a Class 4 felony.
11		Any person who violates any provision of Section Sections
12		10-20, 10-21, or 10-22 of this Act, fails to keep books and
13		records as required under this Act, or willfully violates a
14		rule or regulation of the Department for the administration and
15		enforcement of this Act is guilty of a Class 4 felony. A person
16		commits a separate offense on each day that he or she engages
17		in business in violation of Section Sections 10-20, 10-21, or
18		10-22 of this Act.
19		When the amount due is under $300, any person who accepts
20		money that is due to the Department under this Act from a
21		taxpayer for the purpose of acting as the taxpayer's agent to
22		make the payment to the Department, but who fails to remit the
23		payment to the Department when due, is guilty of a Class 4
24		felony.
25		Any person who violates any provision of Sections 10-20,
26		10-21 and 10-22 of this Act, fails to keep books and records as

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1		required under this Act, or willfully violates a rule or
2		regulation of the Department for the administration and
3		enforcement of this Act is guilty of a business offense and may
4		be fined up to $5,000. A person commits a separate offense on
5		each day that he or she engages in business in violation of
6		Sections 10-20, 10-21 and 10-22 of this Act.
7		When the amount due is $300 or more, any distributor who
8		files, or causes to be filed, a fraudulent return, or any
9		officer or agent of a corporation engaged in the business of
10		distributing tobacco products to retailers and consumers
11		located in this State who files or causes to be filed or signs
12		or causes to be signed a fraudulent return filed on behalf of
13		the corporation, or any accountant or other agent who knowingly
14		enters false information on the return of any taxpayer under
15		this Act is guilty of a Class 3 felony.
16		When the amount due is $300 or more, any person engaged in
17		the business of distributing tobacco products to retailers and
18		consumers located in this State who fails to file a return,
19		willfully fails or refuses to make any payment to the
20		Department of the tax imposed by this Act, or accepts money
21		that is due to the Department under this Act from a taxpayer
22		for the purpose of acting as the taxpayer's agent to make
23		payment to the Department but fails to remit such payment to
24		the Department when due is guilty of a Class 3 felony.
25		When the amount due is under $300, any retailer who fails
26		to file a return, willfully fails or refuses to make any

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1		payment to the Department of the tax imposed by this Act, or
2		files a fraudulent return, or any officer or agent of a
3		corporation engaged in the retail business of selling tobacco
4		products to purchasers of tobacco products for use and
5		consumption located in this State who signs a fraudulent return
6		filed on behalf of the corporation, or any accountant or other
7		agent who knowingly enters false information on the return of
8		any taxpayer under this Act is guilty of a Class A misdemeanor
9		for a first offense and a Class 4 felony for each subsequent
10		offense.
11		When the amount due is $300 or more, any retailer who fails
12		to file a return, willfully fails or refuses to make any
13		payment to the Department of the tax imposed by this Act, or
14		files a fraudulent return, or any officer or agent of a
15		corporation engaged in the retail business of selling tobacco
16		products to purchasers of tobacco products for use and
17		consumption located in this State who signs a fraudulent return
18		filed on behalf of the corporation, or any accountant or other
19		agent who knowingly enters false information on the return of
20		any taxpayer under this Act is guilty of a Class 4 felony.
21		Any person whose principal place of business is in this
22		State and who is charged with a violation under this Section
23		shall be tried in the county where his or her principal place
24		of business is located unless he or she asserts a right to be
25		tried in another venue. If the taxpayer does not have his or
26		her principal place of business in this State, however, the

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1		hearing must be held in Sangamon County unless the taxpayer
2		asserts a right to be tried in another venue.
3		Any taxpayer or agent of a taxpayer who with the intent to
4		defraud purports to make a payment due to the Department by
5		issuing or delivering a check or other order upon a real or
6		fictitious depository for the payment of money, knowing that it
7		will not be paid by the depository, is guilty of a deceptive
8		practice in violation of Section 17-1 of the Criminal Code of
9		2012.
10		A prosecution for a violation described in this Section may
11		be commenced within 3 years after the commission of the act
12		constituting the violation.
13		(Source: P.A. 97-1150, eff. 1-25-13; 98-1055, eff. 1-1-16;
14		revised 9-12-16.)
15		Section 230. The Property Tax Code is amended by changing
16		Sections 11-25, 12-35, 15-176, 21-380, and 31-45 as follows:
17		(35 ILCS 200/11-25)
18		Sec. 11-25. Certification procedure. Application for a
19		pollution control facility certificate shall be filed with the
20		Pollution Control Board in a manner and form prescribed in
21		regulations issued by that board. The application shall contain
22		appropriate and available descriptive information concerning
23		anything claimed to be entitled in whole or in part to tax
24		treatment as a pollution control facility. If it is found that

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1		the claimed facility or relevant portion thereof is a pollution
2		control facility as defined in Section 11-10, the Pollution
3		Control Board, acting through its Chairman or his or her
4		specifically authorized delegate, shall enter a finding and
5		issue a certificate to that effect. The certificate shall
6		require tax treatment as a pollution control facility, but only
7		for the portion certified if only a portion is certified. The
8		effective date of a certificate shall be the date of
9		application for the certificate or the date of the construction
10		of the facility, whichever which ever is later.
11		(Source: P.A. 76-2451; 88-455; revised 9-13-16.)
12		(35 ILCS 200/12-35)
13		Sec. 12-35. Notice sent to address of mortgage lender.
14		Whenever a notice is to be mailed as provided in Section
15		Sections 12-30, and the address that appears on the assessor's
16		records is the address of a mortgage lender, or in any event
17		whenever the notice is mailed by the township assessor or chief
18		county assessment officer to a taxpayer at or in care of the
19		address of a mortgage lender, the mortgage lender, within 15
20		days of the mortgage lender's receipt of the notice, shall mail
21		a copy of the notice to each mortgagor of the property referred
22		to in the notice at the last known address of each mortgagor as
23		shown on the records of the mortgage lender.
24		(Source: P.A. 86-415; 86-1481; 87-1189; 88-455; revised
25		9-12-16.)

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1		(35 ILCS 200/15-176)
2		Sec. 15-176. Alternative general homestead exemption.
3		(a) For the assessment years as determined under subsection
4		(j), in any county that has elected, by an ordinance in
5		accordance with subsection (k), to be subject to the provisions
6		of this Section in lieu of the provisions of Section 15-175,
7		homestead property is entitled to an annual homestead exemption
8		equal to a reduction in the property's equalized assessed value
9		calculated as provided in this Section.
10		(b) As used in this Section:
11		(1) "Assessor" means the supervisor of assessments or
12		the chief county assessment officer of each county.
13		(2) "Adjusted homestead value" means the lesser of the
14		following values:
15		(A) The property's base homestead value increased
16		by 7% for each tax year after the base year through and
17		including the current tax year, or, if the property is
18		sold or ownership is otherwise transferred, the
19		property's base homestead value increased by 7% for
20		each tax year after the year of the sale or transfer
21		through and including the current tax year. The
22		increase by 7% each year is an increase by 7% over the
23		prior year.
24		(B) The property's equalized assessed value for
25		the current tax year minus: (i) $4,500 in Cook County

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1		or $3,500 in all other counties in tax year 2003; (ii)
2		$5,000 in all counties in tax years 2004 and 2005; and
3		(iii) the lesser of the amount of the general homestead
4		exemption under Section 15-175 or an amount equal to
5		the increase in the equalized assessed value for the
6		current tax year above the equalized assessed value for
7		1977 in tax year 2006 and thereafter.
8		(3) "Base homestead value".
9		(A) Except as provided in subdivision (b)(3)(A-5)
10		or (b)(3)(B), "base homestead value" means the
11		equalized assessed value of the property for the base
12		year prior to exemptions, minus (i) $4,500 in Cook
13		County or $3,500 in all other counties in tax year
14		2003, (ii) $5,000 in all counties in tax years 2004 and
15		2005, or (iii) the lesser of the amount of the general
16		homestead exemption under Section 15-175 or an amount
17		equal to the increase in the equalized assessed value
18		for the current tax year above the equalized assessed
19		value for 1977 in tax year 2006 and thereafter,
20		provided that it was assessed for that year as
21		residential property qualified for any of the
22		homestead exemptions under Sections 15-170 through
23		15-175 of this Code, then in force, and further
24		provided that the property's assessment was not based
25		on a reduced assessed value resulting from a temporary
26		irregularity in the property for that year. Except as

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1		provided in subdivision (b)(3)(B), if the property did
2		not have a residential equalized assessed value for the
3		base year, then "base homestead value" means the base
4		homestead value established by the assessor under
5		subsection (c).
6		(A-5) On or before September 1, 2007, in Cook
7		County, the base homestead value, as set forth under
8		subdivision (b)(3)(A) and except as provided under
9		subdivision (b) (3) (B), must be recalculated as the
10		equalized assessed value of the property for the base
11		year, prior to exemptions, minus:
12		(1) if the general assessment year for the
13		property was 2003, the lesser of (i) $4,500 or (ii)
14		the amount equal to the increase in equalized
15		assessed value for the 2002 tax year above the
16		equalized assessed value for 1977;
17		(2) if the general assessment year for the
18		property was 2004, the lesser of (i) $4,500 or (ii)
19		the amount equal to the increase in equalized
20		assessed value for the 2003 tax year above the
21		equalized assessed value for 1977;
22		(3) if the general assessment year for the
23		property was 2005, the lesser of (i) $5,000 or (ii)
24		the amount equal to the increase in equalized
25		assessed value for the 2004 tax year above the
26		equalized assessed value for 1977.

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1		(B) If the property is sold or ownership is
2		otherwise transferred, other than sales or transfers
3		between spouses or between a parent and a child, "base
4		homestead value" means the equalized assessed value of
5		the property at the time of the sale or transfer prior
6		to exemptions, minus: (i) $4,500 in Cook County or
7		$3,500 in all other counties in tax year 2003; (ii)
8		$5,000 in all counties in tax years 2004 and 2005; and
9		(iii) the lesser of the amount of the general homestead
10		exemption under Section 15-175 or an amount equal to
11		the increase in the equalized assessed value for the
12		current tax year above the equalized assessed value for
13		1977 in tax year 2006 and thereafter, provided that it
14		was assessed as residential property qualified for any
15		of the homestead exemptions under Sections 15-170
16		through 15-175 of this Code, then in force, and further
17		provided that the property's assessment was not based
18		on a reduced assessed value resulting from a temporary
19		irregularity in the property.
20		(3.5) "Base year" means (i) tax year 2002 in Cook
21		County or (ii) tax year 2008 or 2009 in all other counties
22		in accordance with the designation made by the county as
23		provided in subsection (k).
24		(4) "Current tax year" means the tax year for which the
25		exemption under this Section is being applied.
26		(5) "Equalized assessed value" means the property's

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1		assessed value as equalized by the Department.
2		(6) "Homestead" or "homestead property" means:
3		(A) Residential property that as of January 1 of
4		the tax year is occupied by its owner or owners as his,
5		her, or their principal dwelling place, or that is a
6		leasehold interest on which a single family residence
7		is situated, that is occupied as a residence by a
8		person who has a legal or equitable interest therein
9		evidenced by a written instrument, as an owner or as a
10		lessee, and on which the person is liable for the
11		payment of property taxes. Residential units in an
12		apartment building owned and operated as a
13		cooperative, or as a life care facility, which are
14		occupied by persons who hold a legal or equitable
15		interest in the cooperative apartment building or life
16		care facility as owners or lessees, and who are liable
17		by contract for the payment of property taxes, shall be
18		included within this definition of homestead property.
19		(B) A homestead includes the dwelling place,
20		appurtenant structures, and so much of the surrounding
21		land constituting the parcel on which the dwelling
22		place is situated as is used for residential purposes.
23		If the assessor has established a specific legal
24		description for a portion of property constituting the
25		homestead, then the homestead shall be limited to the
26		property within that description.

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1		(7) "Life care facility" means a facility as defined in
2		Section 2 of the Life Care Facilities Act.
3		(c) If the property did not have a residential equalized
4		assessed value for the base year as provided in subdivision
5		(b)(3)(A) of this Section, then the assessor shall first
6		determine an initial value for the property by comparison with
7		assessed values for the base year of other properties having
8		physical and economic characteristics similar to those of the
9		subject property, so that the initial value is uniform in
10		relation to assessed values of those other properties for the
11		base year. The product of the initial value multiplied by the
12		equalized factor for the base year for homestead properties in
13		that county, less: (i) $4,500 in Cook County or $3,500 in all
14		other counties in tax year years 2003; (ii) $5,000 in all
15		counties in tax years year 2004 and 2005; and (iii) the lesser
16		of the amount of the general homestead exemption under Section
17		15-175 or an amount equal to the increase in the equalized
18		assessed value for the current tax year above the equalized
19		assessed value for 1977 in tax year 2006 and thereafter, is the
20		base homestead value.
21		For any tax year for which the assessor determines or
22		adjusts an initial value and hence a base homestead value under
23		this subsection (c), the initial value shall be subject to
24		review by the same procedures applicable to assessed values
25		established under this Code for that tax year.
26		(d) The base homestead value shall remain constant, except

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1		that the assessor may revise it under the following
2		circumstances:
3		(1) If the equalized assessed value of a homestead
4		property for the current tax year is less than the previous
5		base homestead value for that property, then the current
6		equalized assessed value (provided it is not based on a
7		reduced assessed value resulting from a temporary
8		irregularity in the property) shall become the base
9		homestead value in subsequent tax years.
10		(2) For any year in which new buildings, structures, or
11		other improvements are constructed on the homestead
12		property that would increase its assessed value, the
13		assessor shall adjust the base homestead value as provided
14		in subsection (c) of this Section with due regard to the
15		value added by the new improvements.
16		(3) If the property is sold or ownership is otherwise
17		transferred, the base homestead value of the property shall
18		be adjusted as provided in subdivision (b)(3)(B). This item
19		(3) does not apply to sales or transfers between spouses or
20		between a parent and a child.
21		(4) the recalculation required in Cook County under
22		subdivision (b)(3)(A-5).
23		(e) The amount of the exemption under this Section is the
24		equalized assessed value of the homestead property for the
25		current tax year, minus the adjusted homestead value, with the
26		following exceptions:

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1		(1) In Cook County, the exemption under this Section
2		shall not exceed $20,000 for any taxable year through tax
3		year:
4		(i) 2005, if the general assessment year for the
5		property is 2003;
6		(ii) 2006, if the general assessment year for the
7		property is 2004; or
8		(iii) 2007, if the general assessment year for the
9		property is 2005.
10		(1.1) Thereafter, in Cook County, and in all other
11		counties, the exemption is as follows:
12		(i) if the general assessment year for the property
13		is 2006, then the exemption may not exceed: $33,000 for
14		taxable year 2006; $26,000 for taxable year 2007;
15		$20,000 for taxable years 2008 and 2009; $16,000 for
16		taxable year 2010; and $12,000 for taxable year 2011;
17		(ii) if the general assessment year for the
18		property is 2007, then the exemption may not exceed:
19		$33,000 for taxable year 2007; $26,000 for taxable year
20		2008; $20,000 for taxable years 2009 and 2010; $16,000
21		for taxable year 2011; and $12,000 for taxable year
22		2012; and
23		(iii) if the general assessment year for the
24		property is 2008, then the exemption may not exceed:
25		$33,000 for taxable year 2008; $26,000 for taxable year
26		2009; $20,000 for taxable years 2010 and 2011; $16,000

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1		for taxable year 2012; and $12,000 for taxable year
2		2013.
3		(1.5) In Cook County, for the 2006 taxable year only, the
4		maximum amount of the exemption set forth under subsection
5		(e)(1.1)(i) of this Section may be increased: (i) by $7,000 if
6		the equalized assessed value of the property in that taxable
7		year exceeds the equalized assessed value of that property in
8		2002 by 100% or more; or (ii) by $2,000 if the equalized
9		assessed value of the property in that taxable year exceeds the
10		equalized assessed value of that property in 2002 by more than
11		80% but less than 100%.
12		(2) In the case of homestead property that also
13		qualifies for the exemption under Section 15-172, the
14		property is entitled to the exemption under this Section,
15		limited to the amount of (i) $4,500 in Cook County or
16		$3,500 in all other counties in tax year 2003, (ii) $5,000
17		in all counties in tax years 2004 and 2005, or (iii) the
18		lesser of the amount of the general homestead exemption
19		under Section 15-175 or an amount equal to the increase in
20		the equalized assessed value for the current tax year above
21		the equalized assessed value for 1977 in tax year 2006 and
22		thereafter.
23		(f) In the case of an apartment building owned and operated
24		as a cooperative, or as a life care facility, that contains
25		residential units that qualify as homestead property under this
26		Section, the maximum cumulative exemption amount attributed to

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1		the entire building or facility shall not exceed the sum of the
2		exemptions calculated for each qualified residential unit. The
3		cooperative association, management firm, or other person or
4		entity that manages or controls the cooperative apartment
5		building or life care facility shall credit the exemption
6		attributable to each residential unit only to the apportioned
7		tax liability of the owner or other person responsible for
8		payment of taxes as to that unit. Any person who willfully
9		refuses to so credit the exemption is guilty of a Class B
10		misdemeanor.
11		(g) When married persons maintain separate residences, the
12		exemption provided under this Section shall be claimed by only
13		one such person and for only one residence.
14		(h) In the event of a sale or other transfer in ownership
15		of the homestead property, the exemption under this Section
16		shall remain in effect for the remainder of the tax year and be
17		calculated using the same base homestead value in which the
18		sale or transfer occurs, but (other than for sales or transfers
19		between spouses or between a parent and a child) shall be
20		calculated for any subsequent tax year using the new base
21		homestead value as provided in subdivision (b)(3)(B). The
22		assessor may require the new owner of the property to apply for
23		the exemption in the following year.
24		(i) The assessor may determine whether property qualifies
25		as a homestead under this Section by application, visual
26		inspection, questionnaire, or other reasonable methods. Each

HB3855 Engrossed - 285 - LRB100 05985 AMC 16014 b
1		year, at the time the assessment books are certified to the
2		county clerk by the board of review, the assessor shall furnish
3		to the county clerk a list of the properties qualified for the
4		homestead exemption under this Section. The list shall note the
5		base homestead value of each property to be used in the
6		calculation of the exemption for the current tax year.
7		(j) In counties with 3,000,000 or more inhabitants, the
8		provisions of this Section apply as follows:
9		(1) If the general assessment year for the property is
10		2003, this Section applies for assessment years 2003
11		through 2011. Thereafter, the provisions of Section 15-175
12		apply.
13		(2) If the general assessment year for the property is
14		2004, this Section applies for assessment years 2004
15		through 2012. Thereafter, the provisions of Section 15-175
16		apply.
17		(3) If the general assessment year for the property is
18		2005, this Section applies for assessment years 2005
19		through 2013. Thereafter, the provisions of Section 15-175
20		apply.
21		In counties with less than 3,000,000 inhabitants, this
22		Section applies for assessment years (i) 2009, 2010, 2011, and
23		2012 if tax year 2008 is the designated base year or (ii) 2010,
24		2011, 2012, and 2013 if tax year 2009 is the designated base
25		year. Thereafter, the provisions of Section 15-175 apply.
26		(k) To be subject to the provisions of this Section in lieu

HB3855 Engrossed - 286 - LRB100 05985 AMC 16014 b
1		of Section 15-175, a county must adopt an ordinance to subject
2		itself to the provisions of this Section within 6 months after
3		August 2, 2010 (the effective date of Public Act 96-1418) this
4		amendatory Act of the 96th General Assembly. In a county other
5		than Cook County, the ordinance must designate either tax year
6		2008 or tax year 2009 as the base year.
7		(l) Notwithstanding Sections 6 and 8 of the State Mandates
8		Act, no reimbursement by the State is required for the
9		implementation of any mandate created by this Section.
10		(Source: P.A. 95-644, eff 10-12-07; 96-1418, eff. 8-2-10;
11		revised 9-13-16.)
12		(35 ILCS 200/21-380)
13		Sec. 21-380. Redemption under protest. Any person
14		redeeming under this Section at a time subsequent to the filing
15		of a petition under Section 22-30 or 21-445, who desires to
16		preserve his or her right to defend against the petition for a
17		tax deed, shall accompany the deposit for redemption with a
18		writing substantially in the following form:
19		Redemption Under Protest
20		Tax Deed Case No. ...........................................
21		Vol. No. ....................................................
22		Property Index No.
23		or Legal Description. ...................................
24		Original Amount of Tax $. ...................................
25		Amount Deposited for Redemption $. ..........................

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1		Name of Petitioner. .........................................
2		Tax Year Included in Judgment. ..............................
3		Date of Sale. ...............................................
4		Expiration Date of the Period of Redemption. ................
5		To the county clerk of ........ County:
6		This redemption is made under protest for the following
7		reasons: (here set forth and specify the grounds relied upon
8		for the objection)
9		Name of party redeeming. ....................................
10		Address. ....................................................
11		Any grounds for the objection not specified at the time of
12		the redemption under protest shall not be considered by the
13		court. The specified grounds for the objections shall be
14		limited to those defenses as would provide sufficient basis to
15		deny entry of an order for issuance of a tax deed. Nothing in
16		this Section shall be construed to authorize or revive any
17		objection to the tax sale or underlying taxes which was
18		estopped by entry of the order for sale as set forth in Section
19		22-75.
20		The person protesting shall present to the county clerk 3
21		copies of the written protest signed by himself or herself. The
22		clerk shall write or stamp the date of receipt upon the copies
23		and sign them. He or she shall retain one of the copies,
24		another he or she shall deliver to the person making the
25		redemption, who shall file the copy with the clerk of the court
26		in which the tax deed petition is pending, and the third he or

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1		she shall forward to the petitioner named therein.
2		The county clerk shall enter the redemption as provided in
3		Section 21-230 and shall note the redemption under protest. The
4		redemption money so deposited shall not be distributed to the
5		holder of the certificate of purchase but shall be retained by
6		the county clerk pending disposition of the petition filed
7		under Section 22-30.
8		Redemption under protest constitutes the appearance of the
9		person protesting in the proceedings under Sections Section
10		22-30 through 22-55 and that person shall present a defense to
11		the petition for tax deed at the time which the court directs.
12		Failure to appear and defend shall constitute a waiver of the
13		protest and the court shall order the redemption money
14		distributed to the holder of the certificate of purchase upon
15		surrender of that certificate and shall dismiss the
16		proceedings.
17		When the party redeeming appears and presents a defense,
18		the court shall hear and determine the matter. If the defense
19		is not sustained, the court shall order the protest stricken
20		and direct the county clerk to distribute the redemption money
21		upon surrender of the certificate of purchase and shall order
22		the party redeeming to pay the petitioner reasonable expenses,
23		actually incurred, including the cost of withheld redemption
24		money, together with a reasonable attorneys fee. Upon a finding
25		sustaining the protest in whole or in part, the court may
26		declare the sale to be a sale in error under Section 21-310 or

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1		Section 22-45, and shall direct the county clerk to return all
2		or part of the redemption money or deposit to the party
3		redeeming.
4		(Source: P.A. 86-286; 86-413; 86-418; 86-949; 86-1028;
5		86-1158; 86-1481; 87-145; 87-236; 87-435; 87-895; 87-1189;
6		88-455; revised 9-14-16.)
7		(35 ILCS 200/31-45)
8		Sec. 31-45. Exemptions. The following deeds or trust
9		documents shall be exempt from the provisions of this Article
10		except as provided in this Section:
11		(a) Deeds representing real estate transfers made
12		before January 1, 1968, but recorded after that date and
13		trust documents executed before January 1, 1986, but
14		recorded after that date.
15		(b) Deeds to or trust documents relating to (1)
16		property acquired by any governmental body or from any
17		governmental body, (2) property or interests transferred
18		between governmental bodies, or (3) property acquired by or
19		from any corporation, society, association, foundation or
20		institution organized and operated exclusively for
21		charitable, religious or educational purposes. However,
22		deeds or trust documents, other than those in which the
23		Administrator of Veterans Veterans' Affairs of the United
24		States is the grantee pursuant to a foreclosure proceeding,
25		shall not be exempt from filing the declaration.

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1		(c) Deeds or trust documents that secure debt or other
2		obligation.
3		(d) Deeds or trust documents that, without additional
4		consideration, confirm, correct, modify, or supplement a
5		deed or trust document previously recorded.
6		(e) Deeds or trust documents where the actual
7		consideration is less than $100.
8		(f) Tax deeds.
9		(g) Deeds or trust documents that release property that
10		is security for a debt or other obligation.
11		(h) Deeds of partition.
12		(i) Deeds or trust documents made pursuant to mergers,
13		consolidations or transfers or sales of substantially all
14		of the assets of corporations under plans of reorganization
15		under the Federal Internal Revenue Code or Title 11 of the
16		Federal Bankruptcy Act.
17		(j) Deeds or trust documents made by a subsidiary
18		corporation to its parent corporation for no consideration
19		other than the cancellation or surrender of the
20		subsidiary's stock.
21		(k) Deeds when there is an actual exchange of real
22		estate and trust documents when there is an actual exchange
23		of beneficial interests, except that that money difference
24		or money's worth paid from one to the other is not exempt
25		from the tax. These deeds or trust documents, however,
26		shall not be exempt from filing the declaration.

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1		(l) Deeds issued to a holder of a mortgage, as defined
2		in Section 15-103 of the Code of Civil Procedure, pursuant
3		to a mortgage foreclosure proceeding or pursuant to a
4		transfer in lieu of foreclosure.
5		(m) A deed or trust document related to the purchase of
6		a principal residence by a participant in the program
7		authorized by the Home Ownership Made Easy Act, except that
8		those deeds and trust documents shall not be exempt from
9		filing the declaration.
10		(Source: P.A. 91-555, eff. 1-1-00; revised 9-14-16.)
11		Section 235. The Local Tax Collection Act is amended by
12		changing Section 1 as follows:
13		(35 ILCS 720/1) (from Ch. 120, par. 1901)
14		Sec. 1. (a) The Department of Revenue and any unit of local
15		government may agree to the Department's collecting, and
16		transmitting back to the unit of local government, any tax
17		lawfully imposed by that unit of local government, the subject
18		of which is similar to that of a tax imposed by the State and
19		collected by the Department of Revenue, unless the General
20		Assembly has specifically required a different method of
21		collection for such tax. However, the Department may not enter
22		into a contract with any unit of local government pursuant to
23		this Act for the collection of any tax based on the sale or use
24		of tangible personal property generally, not including taxes

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1		based only on the sale or use of specifically limited kinds of
2		tangible personal property, unless the ordinance adopted by the
3		unit of local government imposes a sales or use tax which is
4		substantively identical to and which contains the same
5		exemptions as the taxes imposed by the unit of local
6		government's ordinances authorized by the Home Rule or Non-Home
7		Rule Municipal or County Retailers' Occupation Tax Act, the
8		Home Rule or Non-Home Rule Municipal or County Use Tax, or any
9		other Retailers' Occupation Tax Act or Law that is administered
10		by the Department of Revenue, as interpreted by the Department
11		through its regulations as those Acts and as those regulations
12		may from time to time be amended.
13		(b) Regarding the collection of a tax pursuant to this
14		Section, the Department and any person subject to a tax
15		collected by the Department pursuant to this Section shall, as
16		much as practicable, have the same rights, remedies,
17		privileges, immunities, powers and duties, and be subject to
18		the same conditions, restrictions, limitations, penalties,
19		definitions of terms and procedures, as those set forth in the
20		Act imposing the State tax, the subject of which is similar to
21		the tax being collected by the Department pursuant to this
22		Section. The Department and unit of local government shall
23		specifically agree in writing to such rights, remedies,
24		privileges, immunities, powers, duties, conditions,
25		restrictions, limitations, penalties, definitions of terms and
26		procedures, as well as any other terms deemed necessary or

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1		advisable. All terms so agreed upon shall be incorporated into
2		an ordinance of such unit of local government, and the
3		Department shall not collect the tax pursuant to this Section
4		until such ordinance takes effect.
5		(c) (1) The Department shall forthwith pay over to the
6		State Treasurer, ex officio, as trustee, all taxes and
7		penalties collected hereunder. On or before the 25th day of
8		each calendar month, the Department shall prepare and certify
9		to the Comptroller the disbursement of stated sums of money to
10		named units of local government from which retailers or other
11		taxpayers have paid taxes or penalties hereunder to the
12		Department during the second preceding calendar month.
13		(i) The amount to be paid to each unit of local government
14		shall equal the taxes and penalties collected by the Department
15		for the unit of local government pursuant to this Section
16		during the second preceding calendar month (not including
17		credit memoranda), plus an amount the Department determines is
18		necessary to offset any amounts which were erroneously paid to
19		a different taxing body, and not including (i) an amount equal
20		to the amount of refunds made during the second preceding
21		calendar month by the Department of behalf of such county or
22		municipality and (ii) any amount which the Department
23		determines is necessary to offset any amounts which are payable
24		to a different taxing body but were erroneously paid to the
25		municipality or county, less 2% of the balance, or any greater
26		amount of the balance as provided in the agreement between the

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1		Department and the unit of local government required under this
2		Section, which sum shall be retained by the State Treasurer.
3		(ii) With respect to the amount to be retained by the State
4		Treasurer pursuant to subparagraph (i), the Department, at the
5		time of each monthly disbursement to the units of local
6		government, shall prepare and certify to the Comptroller the
7		amount so retained by the State Treasurer, which shall be
8		transferred into the Tax Compliance and Administration Fund and
9		used by the Department, subject to appropriation, to cover the
10		costs incurred by the Department in collecting taxes and
11		penalties.
12		(2) Within 10 days after receiving the certifications
13		described in paragraph (1), the Comptroller shall issue orders
14		for payment of the amounts specified in subparagraph (i) of
15		paragraph (1).
16		(d) Any unit of local government which imposes a tax
17		collected by the Department pursuant to this Section must file
18		a certified copy of the ordinance imposing the tax with the
19		Department within 10 days after its passage. Beginning on June
20		30, 2016 (the effective date of Public Act 99-517) this
21		amendatory Act of the 99th General Assembly, an ordinance or
22		resolution imposing or discontinuing a tax collected by the
23		Department under this Section or effecting a change in the rate
24		thereof shall either (i) be adopted and a certified copy
25		thereof filed with the Department on or before the first day of
26		April, whereupon the Department shall proceed to administer and

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1		enforce the tax imposition, discontinuance, or rate change as
2		of the first day of July next following the adoption and
3		filing; or (ii) be adopted and certified copy thereof filed
4		with the Department on or before the first day of October,
5		whereupon the Department shall proceed to administer and
6		enforce the tax imposition, discontinuance, or rate change as
7		of the first day of January next following the adoption and
8		filing.
9		(e) It is declared to be the law of this State, pursuant to
10		paragraph (g) of Section 6 of Article VII of the Illinois
11		Constitution, that Public Act 85-1215 this amendatory Act of
12		1988 is a denial of the power of a home rule unit to fail to
13		comply with the requirements of subsection paragraphs (d) and
14		(e) of this Section.
15		(Source: P.A. 99-517, eff. 6-30-16; revised 10-31-16.)
16		Section 240. The Illinois Pension Code is amended by
17		changing Sections 1-113, 1-113.4, 1-160, 4-106.1, 4-121,
18		8-107.2, 8-114, 9-121.6, 11-116, 11-125.5, 18-125, and 22A-111
19		as follows:
20		(40 ILCS 5/1-113) (from Ch. 108 1/2, par. 1-113)
21		Sec. 1-113. Investment authority of certain pension funds,
22		not including those established under Article 3 or 4. The
23		investment authority of a board of trustees of a retirement
24		system or pension fund established under this Code shall, if so

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1		provided in the Article establishing such retirement system or
2		pension fund, embrace the following investments:
3		(1) Bonds, notes and other direct obligations of the
4		United States Government; bonds, notes and other
5		obligations of any United States Government agency or
6		instrumentality, whether or not guaranteed; and
7		obligations the principal and interest of which are
8		guaranteed unconditionally by the United States Government
9		or by an agency or instrumentality thereof.
10		(2) Obligations of the Inter-American Development
11		Bank, the International Bank for Reconstruction and
12		Development, the African Development Bank, the
13		International Finance Corporation, and the Asian
14		Development Bank.
15		(3) Obligations of any state, or of any political
16		subdivision in Illinois, or of any county or city in any
17		other state having a population as shown by the last
18		federal census of not less than 30,000 inhabitants provided
19		that such political subdivision is not permitted by law to
20		become indebted in excess of 10% of the assessed valuation
21		of property therein and has not defaulted for a period
22		longer than 30 days in the payment of interest and
23		principal on any of its general obligations or indebtedness
24		during a period of 10 calendar years immediately preceding
25		such investment.
26		(4) Nonconvertible bonds, debentures, notes and other

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1		corporate obligations of any corporation created or
2		existing under the laws of the United States or any state,
3		district or territory thereof, provided there has been no
4		default on the obligations of the corporation or its
5		predecessor(s) during the 5 calendar years immediately
6		preceding the purchase. Up to 5% of the assets of a pension
7		fund established under Article 9 of this Code may be
8		invested in nonconvertible bonds, debentures, notes, and
9		other corporate obligations of corporations created or
10		existing under the laws of a foreign country, provided
11		there has been no default on the obligations of the
12		corporation or its predecessors during the 5 calendar years
13		immediately preceding the date of purchase.
14		(5) Obligations guaranteed by the Government of
15		Canada, or by any Province of Canada, or by any Canadian
16		city with a population of not less than 150,000
17		inhabitants, provided (a) they are payable in United States
18		currency and are exempt from any Canadian withholding tax;
19		(b) the investment in any one issue of bonds shall not
20		exceed 10% of the amount outstanding; and (c) the total
21		investments at book value in Canadian securities shall be
22		limited to 5% of the total investment account of the board
23		at book value.
24		(5.1) Direct obligations of the State of Israel for the
25		payment of money, or obligations for the payment of money
26		which are guaranteed as to the payment of principal and

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1		interest by the State of Israel, or common or preferred
2		stock or notes issued by a bank owned or controlled in
3		whole or in part by the State of Israel, on the following
4		conditions:
5		(a) The total investments in such obligations
6		shall not exceed 5% of the book value of the aggregate
7		investments owned by the board;
8		(b) The State of Israel shall not be in default in
9		the payment of principal or interest on any of its
10		direct general obligations on the date of such
11		investment;
12		(c) The bonds, stock or notes, and interest thereon
13		shall be payable in currency of the United States;
14		(d) The bonds shall (1) contain an option for the
15		redemption thereof after 90 days from date of purchase
16		or (2) either become due 5 years from the date of their
17		purchase or be subject to redemption 120 days after the
18		date of notice for redemption;
19		(e) The investment in these obligations has been
20		approved in writing by investment counsel employed by
21		the board, which counsel shall be a national or state
22		bank or trust company authorized to do a trust business
23		in the State of Illinois, or an investment advisor
24		qualified under the federal Federal Investment
25		Advisers Advisors Act of 1940 and registered under the
26		Illinois Securities Law Act of 1953;

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1		(f) The fund or system making the investment shall
2		have at least $5,000,000 of net present assets.
3		(6) Notes secured by mortgages under Sections 203, 207,
4		220 and 221 of the National Housing Act which are insured
5		by the Federal Housing Commissioner, or his successor
6		assigns, or debentures issued by such Commissioner, which
7		are guaranteed as to principal and interest by the Federal
8		Housing Administration, or agency of the United States
9		Government, provided the aggregate investment shall not
10		exceed 20% of the total investment account of the board at
11		book value, and provided further that the investment in
12		such notes under Sections 220 and 221 shall in no event
13		exceed one-half of the maximum investment in notes under
14		this paragraph.
15		(7) Loans to veterans guaranteed in whole or part by
16		the United States Government pursuant to Title III of the
17		Act of Congress known as the "Servicemen's Readjustment Act
18		of 1944," 58 Stat. 284, 38 U.S.C. 693, as amended or
19		supplemented from time to time, provided such guaranteed
20		loans are liens upon real estate.
21		(8) Common and preferred stocks and convertible debt
22		securities authorized for investment of trust funds under
23		the laws of the State of Illinois, provided:
24		(a) the common stocks, except as provided in
25		subparagraph (g), are listed on a national securities
26		exchange or board of trade, as defined in the federal

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1		Securities Exchange Act of 1934, or quoted in the
2		National Association of Securities Dealers Automated
3		Quotation System (NASDAQ);
4		(b) the securities are of a corporation created or
5		existing under the laws of the United States or any
6		state, district or territory thereof, except that up to
7		5% of the assets of a pension fund established under
8		Article 9 of this Code may be invested in securities
9		issued by corporations created or existing under the
10		laws of a foreign country, if those securities are
11		otherwise in conformance with this paragraph (8);
12		(c) the corporation is not in arrears on payment of
13		dividends on its preferred stock;
14		(d) the total book value of all stocks and
15		convertible debt owned by any pension fund or
16		retirement system shall not exceed 40% of the aggregate
17		book value of all investments of such pension fund or
18		retirement system, except for a pension fund or
19		retirement system governed by Article 9 or 17, where
20		the total of all stocks and convertible debt shall not
21		exceed 50% of the aggregate book value of all fund
22		investments, and except for a pension fund or
23		retirement system governed by Article 13, where the
24		total market value of all stocks and convertible debt
25		shall not exceed 65% of the aggregate market value of
26		all fund investments;

HB3855 Engrossed - 301 - LRB100 05985 AMC 16014 b
1		(e) the book value of stock and convertible debt
2		investments in any one corporation shall not exceed 5%
3		of the total investment account at book value in which
4		such securities are held, determined as of the date of
5		the investment, and the investments in the stock of any
6		one corporation shall not exceed 5% of the total
7		outstanding stock of such corporation, and the
8		investments in the convertible debt of any one
9		corporation shall not exceed 5% of the total amount of
10		such debt that may be outstanding;
11		(f) the straight preferred stocks or convertible
12		preferred stocks and convertible debt securities are
13		issued or guaranteed by a corporation whose common
14		stock qualifies for investment by the board; and
15		(g) that any common stocks not listed or quoted as
16		provided in subdivision (8)(a) 8(a) above be limited to
17		the following types of institutions: (a) any bank which
18		is a member of the Federal Deposit Insurance
19		Corporation having capital funds represented by
20		capital stock, surplus and undivided profits of at
21		least $20,000,000; (b) any life insurance company
22		having capital funds represented by capital stock,
23		special surplus funds and unassigned surplus totalling
24		at least $50,000,000; and (c) any fire or casualty
25		insurance company, or a combination thereof, having
26		capital funds represented by capital stock, net

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1		surplus and voluntary reserves of at least
2		$50,000,000.
3		(9) Withdrawable accounts of State chartered and
4		federal chartered savings and loan associations insured by
5		the Federal Savings and Loan Insurance Corporation;
6		deposits or certificates of deposit in State and national
7		banks insured by the Federal Deposit Insurance
8		Corporation; and share accounts or share certificate
9		accounts in a State or federal credit union, the accounts
10		of which are insured as required by the Illinois Credit
11		Union Act or the Federal Credit Union Act, as applicable.
12		No bank or savings and loan association shall receive
13		investment funds as permitted by this subsection (9),
14		unless it has complied with the requirements established
15		pursuant to Section 6 of the Public Funds Investment Act.
16		(10) Trading, purchase or sale of listed options on
17		underlying securities owned by the board.
18		(11) Contracts and agreements supplemental thereto
19		providing for investments in the general account of a life
20		insurance company authorized to do business in Illinois.
21		(12) Conventional mortgage pass-through securities
22		which are evidenced by interests in Illinois
23		owner-occupied residential mortgages, having not less than
24		an "A" rating from at least one national securities rating
25		service. Such mortgages may have loan-to-value ratios up to
26		95%, provided that any amount over 80% is insured by

HB3855 Engrossed - 303 - LRB100 05985 AMC 16014 b
1		private mortgage insurance. The pool of such mortgages
2		shall be insured by mortgage guaranty or equivalent
3		insurance, in accordance with industry standards.
4		(13) Pooled or commingled funds managed by a national
5		or State bank which is authorized to do a trust business in
6		the State of Illinois, shares of registered investment
7		companies as defined in the federal Investment Company Act
8		of 1940 which are registered under that Act, and separate
9		accounts of a life insurance company authorized to do
10		business in Illinois, where such pooled or commingled
11		funds, shares, or separate accounts are comprised of common
12		or preferred stocks, bonds, or money market instruments.
13		(14) Pooled or commingled funds managed by a national
14		or state bank which is authorized to do a trust business in
15		the State of Illinois, separate accounts managed by a life
16		insurance company authorized to do business in Illinois,
17		and commingled group trusts managed by an investment
18		adviser registered under the federal Investment Advisers
19		Advisors Act of 1940 (15 U.S.C. 80b-1 et seq.) and under
20		the Illinois Securities Law of 1953, where such pooled or
21		commingled funds, separate accounts or commingled group
22		trusts are comprised of real estate or loans upon real
23		estate secured by first or second mortgages. The total
24		investment in such pooled or commingled funds, commingled
25		group trusts and separate accounts shall not exceed 10% of
26		the aggregate book value of all investments owned by the

HB3855 Engrossed - 304 - LRB100 05985 AMC 16014 b
1		fund.
2		(15) Investment companies which (a) are registered as
3		such under the Investment Company Act of 1940, (b) are
4		diversified, open-end management investment companies and
5		(c) invest only in money market instruments.
6		(16) Up to 10% of the assets of the fund may be
7		invested in investments not included in paragraphs (1)
8		through (15) of this Section, provided that such
9		investments comply with the requirements and restrictions
10		set forth in Sections 1-109, 1-109.1, 1-109.2, 1-110, and
11		1-111 of this Code.
12		The board shall have the authority to enter into such
13		agreements and to execute such documents as it determines to be
14		necessary to complete any investment transaction.
15		Any limitations herein set forth shall be applicable only
16		at the time of purchase and shall not require the liquidation
17		of any investment at any time.
18		All investments shall be clearly held and accounted for to
19		indicate ownership by such board. Such board may direct the
20		registration of securities in its own name or in the name of a
21		nominee created for the express purpose of registration of
22		securities by a national or state bank or trust company
23		authorized to conduct a trust business in the State of
24		Illinois.
25		Investments shall be carried at cost or at a value
26		determined in accordance with generally accepted accounting

HB3855 Engrossed - 305 - LRB100 05985 AMC 16014 b
1		principles and accounting procedures approved by such board.
2		(Source: P.A. 92-53, eff. 7-12-01; revised 9-2-16.)
3		(40 ILCS 5/1-113.4)
4		Sec. 1-113.4. List of additional permitted investments for
5		pension funds with net assets of $5,000,000 or more.
6		(a) In addition to the items in Sections 1-113.2 and
7		1-113.3, a pension fund established under Article 3 or 4 that
8		has net assets of at least $5,000,000 and has appointed an
9		investment adviser under Section 1-113.5 may, through that
10		investment adviser, invest a portion of its assets in common
11		and preferred stocks authorized for investments of trust funds
12		under the laws of the State of Illinois. The stocks must meet
13		all of the following requirements:
14		(1) The common stocks are listed on a national
15		securities exchange or board of trade (as defined in the
16		federal Securities Exchange Act of 1934 and set forth in
17		subdivision G of Section 3 Section 3.G of the Illinois
18		Securities Law of 1953) or quoted in the National
19		Association of Securities Dealers Automated Quotation
20		System National Market System (NASDAQ NMS).
21		(2) The securities are of a corporation created or
22		existing under the laws of the United States or any state,
23		district, or territory thereof and the corporation has been
24		in existence for at least 5 years.
25		(3) The corporation has not been in arrears on payment

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1		of dividends on its preferred stock during the preceding 5
2		years.
3		(4) The market value of stock in any one corporation
4		does not exceed 5% of the cash and invested assets of the
5		pension fund, and the investments in the stock of any one
6		corporation do not exceed 5% of the total outstanding stock
7		of that corporation.
8		(5) The straight preferred stocks or convertible
9		preferred stocks are issued or guaranteed by a corporation
10		whose common stock qualifies for investment by the board.
11		(6) The issuer of the stocks has been subject to the
12		requirements of Section 12 of the federal Securities
13		Exchange Act of 1934 and has been current with the filing
14		requirements of Sections 13 and 14 of that Act during the
15		preceding 3 years.
16		(b) A pension fund's total investment in the items
17		authorized under this Section and Section 1-113.3 shall not
18		exceed 35% of the market value of the pension fund's net
19		present assets stated in its most recent annual report on file
20		with the Illinois Department of Insurance.
21		(c) A pension fund that invests funds under this Section
22		shall electronically file with the Division any reports of its
23		investment activities that the Division may require, at the
24		times and in the format required by the Division.
25		(Source: P.A. 90-507, eff. 8-22-97; revised 10-25-16.)

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1		(40 ILCS 5/1-160)
2		(Text of Section WITH the changes made by P.A. 98-641,
3		which has been held unconstitutional)
4		Sec. 1-160. Provisions applicable to new hires.
5		(a) The provisions of this Section apply to a person who,
6		on or after January 1, 2011, first becomes a member or a
7		participant under any reciprocal retirement system or pension
8		fund established under this Code, other than a retirement
9		system or pension fund established under Article 2, 3, 4, 5, 6,
10		15 or 18 of this Code, notwithstanding any other provision of
11		this Code to the contrary, but do not apply to any self-managed
12		plan established under this Code, to any person with respect to
13		service as a sheriff's law enforcement employee under Article
14		7, or to any participant of the retirement plan established
15		under Section 22-101. Notwithstanding anything to the contrary
16		in this Section, for purposes of this Section, a person who
17		participated in a retirement system under Article 15 prior to
18		January 1, 2011 shall be deemed a person who first became a
19		member or participant prior to January 1, 2011 under any
20		retirement system or pension fund subject to this Section. The
21		changes made to this Section by Public Act 98-596 are a
22		clarification of existing law and are intended to be
23		retroactive to the effective date of Public Act 96-889,
24		notwithstanding the provisions of Section 1-103.1 of this Code.
25		(b) "Final average salary" means the average monthly (or
26		annual) salary obtained by dividing the total salary or

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1		earnings calculated under the Article applicable to the member
2		or participant during the 96 consecutive months (or 8
3		consecutive years) of service within the last 120 months (or 10
4		years) of service in which the total salary or earnings
5		calculated under the applicable Article was the highest by the
6		number of months (or years) of service in that period. For the
7		purposes of a person who first becomes a member or participant
8		of any retirement system or pension fund to which this Section
9		applies on or after January 1, 2011, in this Code, "final
10		average salary" shall be substituted for the following:
11		(1) In Article 7 (except for service as sheriff's law
12		enforcement employees), "final rate of earnings".
13		(2) In Articles 8, 9, 10, 11, and 12, "highest average
14		annual salary for any 4 consecutive years within the last
15		10 years of service immediately preceding the date of
16		withdrawal".
17		(3) In Article 13, "average final salary".
18		(4) In Article 14, "final average compensation".
19		(5) In Article 17, "average salary".
20		(6) In Section 22-207, "wages or salary received by him
21		at the date of retirement or discharge".
22		(b-5) Beginning on January 1, 2011, for all purposes under
23		this Code (including without limitation the calculation of
24		benefits and employee contributions), the annual earnings,
25		salary, or wages (based on the plan year) of a member or
26		participant to whom this Section applies shall not exceed

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1		$106,800; however, that amount shall annually thereafter be
2		increased by the lesser of (i) 3% of that amount, including all
3		previous adjustments, or (ii) one-half the annual unadjusted
4		percentage increase (but not less than zero) in the consumer
5		price index-u for the 12 months ending with the September
6		preceding each November 1, including all previous adjustments.
7		For the purposes of this Section, "consumer price index-u"
8		means the index published by the Bureau of Labor Statistics of
9		the United States Department of Labor that measures the average
10		change in prices of goods and services purchased by all urban
11		consumers, United States city average, all items, 1982-84 =
12		100. The new amount resulting from each annual adjustment shall
13		be determined by the Public Pension Division of the Department
14		of Insurance and made available to the boards of the retirement
15		systems and pension funds by November 1 of each year.
16		(c) A member or participant is entitled to a retirement
17		annuity upon written application if he or she has attained age
18		67 (beginning January 1, 2015, age 65 with respect to service
19		under Article 8, 11, or 12 of this Code that is subject to this
20		Section) and has at least 10 years of service credit and is
21		otherwise eligible under the requirements of the applicable
22		Article.
23		A member or participant who has attained age 62 (beginning
24		January 1, 2015, age 60 with respect to service under Article
25		8, 11, or 12 of this Code that is subject to this Section) and
26		has at least 10 years of service credit and is otherwise

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1		eligible under the requirements of the applicable Article may
2		elect to receive the lower retirement annuity provided in
3		subsection (d) of this Section.
4		(d) The retirement annuity of a member or participant who
5		is retiring after attaining age 62 (beginning January 1, 2015,
6		age 60 with respect to service under Article 8, 11, or 12 of
7		this Code that is subject to this Section) with at least 10
8		years of service credit shall be reduced by one-half of 1% for
9		each full month that the member's age is under age 67
10		(beginning January 1, 2015, age 65 with respect to service
11		under Article 8, 11, or 12 of this Code that is subject to this
12		Section).
13		(e) Any retirement annuity or supplemental annuity shall be
14		subject to annual increases on the January 1 occurring either
15		on or after the attainment of age 67 (beginning January 1,
16		2015, age 65 with respect to service under Article 8, 11, or 12
17		of this Code that is subject to this Section) or the first
18		anniversary (the second anniversary with respect to service
19		under Article 8 or 11) of the annuity start date, whichever is
20		later. Each annual increase shall be calculated at 3% or
21		one-half the annual unadjusted percentage increase (but not
22		less than zero) in the consumer price index-u for the 12 months
23		ending with the September preceding each November 1, whichever
24		is less, of the originally granted retirement annuity. If the
25		annual unadjusted percentage change in the consumer price
26		index-u for the 12 months ending with the September preceding

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1		each November 1 is zero or there is a decrease, then the
2		annuity shall not be increased.
3		Notwithstanding any provision of this Section to the
4		contrary, with respect to service under Article 8 or 11 of this
5		Code that is subject to this Section, no annual increase under
6		this subsection shall be paid or accrue to any person in year
7		2025. In all other years, the Fund shall continue to pay annual
8		increases as provided in this Section.
9		Notwithstanding Section 1-103.1 of this Code, the changes
10		in this amendatory Act of the 98th General Assembly are
11		applicable without regard to whether the employee was in active
12		service on or after the effective date of this amendatory Act
13		of the 98th General Assembly.
14		(f) The initial survivor's or widow's annuity of an
15		otherwise eligible survivor or widow of a retired member or
16		participant who first became a member or participant on or
17		after January 1, 2011 shall be in the amount of 66 2/3% of the
18		retired member's or participant's retirement annuity at the
19		date of death. In the case of the death of a member or
20		participant who has not retired and who first became a member
21		or participant on or after January 1, 2011, eligibility for a
22		survivor's or widow's annuity shall be determined by the
23		applicable Article of this Code. The initial benefit shall be
24		66 2/3% of the earned annuity without a reduction due to age. A
25		child's annuity of an otherwise eligible child shall be in the
26		amount prescribed under each Article if applicable. Any

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1		survivor's or widow's annuity shall be increased (1) on each
2		January 1 occurring on or after the commencement of the annuity
3		if the deceased member died while receiving a retirement
4		annuity or (2) in other cases, on each January 1 occurring
5		after the first anniversary of the commencement of the annuity.
6		Each annual increase shall be calculated at 3% or one-half the
7		annual unadjusted percentage increase (but not less than zero)
8		in the consumer price index-u for the 12 months ending with the
9		September preceding each November 1, whichever is less, of the
10		originally granted survivor's annuity. If the annual
11		unadjusted percentage change in the consumer price index-u for
12		the 12 months ending with the September preceding each November
13		1 is zero or there is a decrease, then the annuity shall not be
14		increased.
15		(g) The benefits in Section 14-110 apply only if the person
16		is a State policeman, a fire fighter in the fire protection
17		service of a department, or a security employee of the
18		Department of Corrections or the Department of Juvenile
19		Justice, as those terms are defined in subsection (b) of
20		Section 14-110. A person who meets the requirements of this
21		Section is entitled to an annuity calculated under the
22		provisions of Section 14-110, in lieu of the regular or minimum
23		retirement annuity, only if the person has withdrawn from
24		service with not less than 20 years of eligible creditable
25		service and has attained age 60, regardless of whether the
26		attainment of age 60 occurs while the person is still in

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1		service.
2		(h) If a person who first becomes a member or a participant
3		of a retirement system or pension fund subject to this Section
4		on or after January 1, 2011 is receiving a retirement annuity
5		or retirement pension under that system or fund and becomes a
6		member or participant under any other system or fund created by
7		this Code and is employed on a full-time basis, except for
8		those members or participants exempted from the provisions of
9		this Section under subsection (a) of this Section, then the
10		person's retirement annuity or retirement pension under that
11		system or fund shall be suspended during that employment. Upon
12		termination of that employment, the person's retirement
13		annuity or retirement pension payments shall resume and be
14		recalculated if recalculation is provided for under the
15		applicable Article of this Code.
16		If a person who first becomes a member of a retirement
17		system or pension fund subject to this Section on or after
18		January 1, 2012 and is receiving a retirement annuity or
19		retirement pension under that system or fund and accepts on a
20		contractual basis a position to provide services to a
21		governmental entity from which he or she has retired, then that
22		person's annuity or retirement pension earned as an active
23		employee of the employer shall be suspended during that
24		contractual service. A person receiving an annuity or
25		retirement pension under this Code shall notify the pension
26		fund or retirement system from which he or she is receiving an

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1		annuity or retirement pension, as well as his or her
2		contractual employer, of his or her retirement status before
3		accepting contractual employment. A person who fails to submit
4		such notification shall be guilty of a Class A misdemeanor and
5		required to pay a fine of $1,000. Upon termination of that
6		contractual employment, the person's retirement annuity or
7		retirement pension payments shall resume and, if appropriate,
8		be recalculated under the applicable provisions of this Code.
9		(i) (Blank).
10		(j) In the case of a conflict between the provisions of
11		this Section and any other provision of this Code, the
12		provisions of this Section shall control.
13		(Source: P.A. 97-609, eff. 1-1-12; 98-92, eff. 7-16-13; 98-596,
14		eff. 11-19-13; 98-622, eff. 6-1-14; 98-641, eff. 6-9-14.)
15		(Text of Section WITHOUT the changes made by P.A. 98-641,
16		which has been held unconstitutional)
17		Sec. 1-160. Provisions applicable to new hires.
18		(a) The provisions of this Section apply to a person who,
19		on or after January 1, 2011, first becomes a member or a
20		participant under any reciprocal retirement system or pension
21		fund established under this Code, other than a retirement
22		system or pension fund established under Article 2, 3, 4, 5, 6,
23		15 or 18 of this Code, notwithstanding any other provision of
24		this Code to the contrary, but do not apply to any self-managed
25		plan established under this Code, to any person with respect to

HB3855 Engrossed - 315 - LRB100 05985 AMC 16014 b
1		service as a sheriff's law enforcement employee under Article
2		7, or to any participant of the retirement plan established
3		under Section 22-101. Notwithstanding anything to the contrary
4		in this Section, for purposes of this Section, a person who
5		participated in a retirement system under Article 15 prior to
6		January 1, 2011 shall be deemed a person who first became a
7		member or participant prior to January 1, 2011 under any
8		retirement system or pension fund subject to this Section. The
9		changes made to this Section by Public Act 98-596 this
10		amendatory Act of the 98th General Assembly are a clarification
11		of existing law and are intended to be retroactive to January
12		1, 2011 (the effective date of Public Act 96-889),
13		notwithstanding the provisions of Section 1-103.1 of this Code.
14		(b) "Final average salary" means the average monthly (or
15		annual) salary obtained by dividing the total salary or
16		earnings calculated under the Article applicable to the member
17		or participant during the 96 consecutive months (or 8
18		consecutive years) of service within the last 120 months (or 10
19		years) of service in which the total salary or earnings
20		calculated under the applicable Article was the highest by the
21		number of months (or years) of service in that period. For the
22		purposes of a person who first becomes a member or participant
23		of any retirement system or pension fund to which this Section
24		applies on or after January 1, 2011, in this Code, "final
25		average salary" shall be substituted for the following:
26		(1) In Article 7 (except for service as sheriff's law

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1		enforcement employees), "final rate of earnings".
2		(2) In Articles 8, 9, 10, 11, and 12, "highest average
3		annual salary for any 4 consecutive years within the last
4		10 years of service immediately preceding the date of
5		withdrawal".
6		(3) In Article 13, "average final salary".
7		(4) In Article 14, "final average compensation".
8		(5) In Article 17, "average salary".
9		(6) In Section 22-207, "wages or salary received by him
10		at the date of retirement or discharge".
11		(b-5) Beginning on January 1, 2011, for all purposes under
12		this Code (including without limitation the calculation of
13		benefits and employee contributions), the annual earnings,
14		salary, or wages (based on the plan year) of a member or
15		participant to whom this Section applies shall not exceed
16		$106,800; however, that amount shall annually thereafter be
17		increased by the lesser of (i) 3% of that amount, including all
18		previous adjustments, or (ii) one-half the annual unadjusted
19		percentage increase (but not less than zero) in the consumer
20		price index-u for the 12 months ending with the September
21		preceding each November 1, including all previous adjustments.
22		For the purposes of this Section, "consumer price index-u"
23		means the index published by the Bureau of Labor Statistics of
24		the United States Department of Labor that measures the average
25		change in prices of goods and services purchased by all urban
26		consumers, United States city average, all items, 1982-84 =

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1		100. The new amount resulting from each annual adjustment shall
2		be determined by the Public Pension Division of the Department
3		of Insurance and made available to the boards of the retirement
4		systems and pension funds by November 1 of each year.
5		(c) A member or participant is entitled to a retirement
6		annuity upon written application if he or she has attained age
7		67 (beginning January 1, 2015, age 65 with respect to service
8		under Article 12 of this Code that is subject to this Section)
9		and has at least 10 years of service credit and is otherwise
10		eligible under the requirements of the applicable Article.
11		A member or participant who has attained age 62 (beginning
12		January 1, 2015, age 60 with respect to service under Article
13		12 of this Code that is subject to this Section) and has at
14		least 10 years of service credit and is otherwise eligible
15		under the requirements of the applicable Article may elect to
16		receive the lower retirement annuity provided in subsection (d)
17		of this Section.
18		(d) The retirement annuity of a member or participant who
19		is retiring after attaining age 62 (beginning January 1, 2015,
20		age 60 with respect to service under Article 12 of this Code
21		that is subject to this Section) with at least 10 years of
22		service credit shall be reduced by one-half of 1% for each full
23		month that the member's age is under age 67 (beginning January
24		1, 2015, age 65 with respect to service under Article 12 of
25		this Code that is subject to this Section).
26		(e) Any retirement annuity or supplemental annuity shall be

HB3855 Engrossed - 318 - LRB100 05985 AMC 16014 b
1		subject to annual increases on the January 1 occurring either
2		on or after the attainment of age 67 (beginning January 1,
3		2015, age 65 with respect to service under Article 12 of this
4		Code that is subject to this Section) or the first anniversary
5		of the annuity start date, whichever is later. Each annual
6		increase shall be calculated at 3% or one-half the annual
7		unadjusted percentage increase (but not less than zero) in the
8		consumer price index-u for the 12 months ending with the
9		September preceding each November 1, whichever is less, of the
10		originally granted retirement annuity. If the annual
11		unadjusted percentage change in the consumer price index-u for
12		the 12 months ending with the September preceding each November
13		1 is zero or there is a decrease, then the annuity shall not be
14		increased.
15		(f) The initial survivor's or widow's annuity of an
16		otherwise eligible survivor or widow of a retired member or
17		participant who first became a member or participant on or
18		after January 1, 2011 shall be in the amount of 66 2/3% of the
19		retired member's or participant's retirement annuity at the
20		date of death. In the case of the death of a member or
21		participant who has not retired and who first became a member
22		or participant on or after January 1, 2011, eligibility for a
23		survivor's or widow's annuity shall be determined by the
24		applicable Article of this Code. The initial benefit shall be
25		66 2/3% of the earned annuity without a reduction due to age. A
26		child's annuity of an otherwise eligible child shall be in the

HB3855 Engrossed - 319 - LRB100 05985 AMC 16014 b
1		amount prescribed under each Article if applicable. Any
2		survivor's or widow's annuity shall be increased (1) on each
3		January 1 occurring on or after the commencement of the annuity
4		if the deceased member died while receiving a retirement
5		annuity or (2) in other cases, on each January 1 occurring
6		after the first anniversary of the commencement of the annuity.
7		Each annual increase shall be calculated at 3% or one-half the
8		annual unadjusted percentage increase (but not less than zero)
9		in the consumer price index-u for the 12 months ending with the
10		September preceding each November 1, whichever is less, of the
11		originally granted survivor's annuity. If the annual
12		unadjusted percentage change in the consumer price index-u for
13		the 12 months ending with the September preceding each November
14		1 is zero or there is a decrease, then the annuity shall not be
15		increased.
16		(g) The benefits in Section 14-110 apply only if the person
17		is a State policeman, a fire fighter in the fire protection
18		service of a department, or a security employee of the
19		Department of Corrections or the Department of Juvenile
20		Justice, as those terms are defined in subsection (b) of
21		Section 14-110. A person who meets the requirements of this
22		Section is entitled to an annuity calculated under the
23		provisions of Section 14-110, in lieu of the regular or minimum
24		retirement annuity, only if the person has withdrawn from
25		service with not less than 20 years of eligible creditable
26		service and has attained age 60, regardless of whether the

HB3855 Engrossed - 320 - LRB100 05985 AMC 16014 b
1		attainment of age 60 occurs while the person is still in
2		service.
3		(h) If a person who first becomes a member or a participant
4		of a retirement system or pension fund subject to this Section
5		on or after January 1, 2011 is receiving a retirement annuity
6		or retirement pension under that system or fund and becomes a
7		member or participant under any other system or fund created by
8		this Code and is employed on a full-time basis, except for
9		those members or participants exempted from the provisions of
10		this Section under subsection (a) of this Section, then the
11		person's retirement annuity or retirement pension under that
12		system or fund shall be suspended during that employment. Upon
13		termination of that employment, the person's retirement
14		annuity or retirement pension payments shall resume and be
15		recalculated if recalculation is provided for under the
16		applicable Article of this Code.
17		If a person who first becomes a member of a retirement
18		system or pension fund subject to this Section on or after
19		January 1, 2012 and is receiving a retirement annuity or
20		retirement pension under that system or fund and accepts on a
21		contractual basis a position to provide services to a
22		governmental entity from which he or she has retired, then that
23		person's annuity or retirement pension earned as an active
24		employee of the employer shall be suspended during that
25		contractual service. A person receiving an annuity or
26		retirement pension under this Code shall notify the pension

HB3855 Engrossed - 321 - LRB100 05985 AMC 16014 b
1		fund or retirement system from which he or she is receiving an
2		annuity or retirement pension, as well as his or her
3		contractual employer, of his or her retirement status before
4		accepting contractual employment. A person who fails to submit
5		such notification shall be guilty of a Class A misdemeanor and
6		required to pay a fine of $1,000. Upon termination of that
7		contractual employment, the person's retirement annuity or
8		retirement pension payments shall resume and, if appropriate,
9		be recalculated under the applicable provisions of this Code.
10		(i) (Blank).
11		(j) In the case of a conflict between the provisions of
12		this Section and any other provision of this Code, the
13		provisions of this Section shall control.
14		(Source: P.A. 97-609, eff. 1-1-12; 98-92, eff. 7-16-13; 98-596,
15		eff. 11-19-13; 98-622, eff. 6-1-14; revised 3-24-16.)
16		(40 ILCS 5/4-106.1) (from Ch. 108 1/2, par. 4-106.1)
17		Sec. 4-106.1. Discontinuation of fire protection district;
18		annexation to fire protection district; dissolution and
19		reestablishment of inactive firefighters' pension funds.
20		(a) Whenever a fire protection district which has
21		established a pension fund under this Article is discontinued
22		under the Fire Protection District Act "An Act in Relation to
23		Fire Protection Districts", and the municipality assuming the
24		obligations of the district is required to and has established
25		a Firefighters' Pension Fund under this Article, the assets of

HB3855 Engrossed - 322 - LRB100 05985 AMC 16014 b
1		the fund established by the district shall be transferred to
2		the "Board of Trustees of the Firefighters' Firefighters
3		Pension Fund" of the municipality. The Firefighters'
4		Firefighter's Pension Fund of the municipality shall assume all
5		accrued liabilities of the district's pension fund, and all
6		accrued rights, benefits and future expectancies of the
7		members, retired employees and beneficiaries of the district's
8		fund shall remain unimpaired.
9		(b) If a municipal fire department for which a pension fund
10		has been established under this Article is discontinued and the
11		affected territory is annexed by a fire protection district,
12		and the fire protection district is required to and has
13		established a firefighters' pension fund under this Article,
14		then the assets of the firefighters' pension fund established
15		by the municipality shall be transferred to the board of
16		trustees of the pension fund of the fire protection district.
17		The firefighters' pension fund of the fire protection district
18		shall assume all liabilities of the municipality's
19		firefighters' pension fund, and all of the accrued rights,
20		benefits, and future expectancies of the members, retired
21		employees, and beneficiaries of the municipality's
22		firefighters' pension fund shall remain unimpaired.
23		(c) The corporate authorities of a municipality for which a
24		pension fund has been established under this Article may, by
25		resolution or ordinance, dissolve the fund if an independent
26		auditor has certified to the authorities that the fund has no

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1		liabilities, participants, or beneficiaries entitled to
2		benefits, and the authorities shall reestablish the fund if a
3		firefighter of the municipality seeks to establish service
4		credit in the fund or if reestablishment of the fund is
5		required upon a former firefighter's reinstatement of
6		creditable service under subsection (g) of Section 4-109.3 of
7		this Code.
8		The Public Pension Division of the Department of Insurance
9		shall adopt rules regarding the process and procedures for (i)
10		dissolving a pension fund under this Section and (ii)
11		redistributing assets and reestablishing the fund if
12		reestablishment of the fund is necessary.
13		(Source: P.A. 97-99, eff. 1-1-12; revised 9-2-16.)
14		(40 ILCS 5/4-121) (from Ch. 108 1/2, par. 4-121)
15		Sec. 4-121. Board created. There is created in each
16		municipality or fire protection district a board of trustees to
17		be known as the "Board of Trustees of the Firefighters' Pension
18		Fund". The membership of the board for each municipality shall
19		be, respectively, as follows: in cities, the treasurer, clerk,
20		marshal, or chief officer of the fire department, and the
21		comptroller if there is one, or if not, the mayor; in each
22		township, village or incorporated town, the president of the
23		municipality's board of trustees, the village or town clerk,
24		village or town attorney, village or town treasurer, and the
25		chief officer of the fire department; and in each fire

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1		protection district, the president and other 2 members of its
2		board of trustees and the marshal or chief of its fire
3		department or service, as the case may be; and in all the
4		municipalities above designated 3 additional persons chosen
5		from their active firefighters and one other person who has
6		retired under the "Firemen's Pension Fund Act of 1919", or this
7		Article. Notwithstanding any provision of this Section to the
8		contrary, the term of office of each member of a board
9		established on or before the 3rd Monday in April, 2006 shall
10		terminate on the 3rd Monday in April, 2006, but all incumbent
11		members shall continue to exercise all of the powers and be
12		subject to all of the duties of a member of the board until all
13		the new members of the board take office.
14		Beginning on the 3rd Monday in April, 2006, the board for
15		each municipality or fire protection district shall consist of
16		5 members. Two members of the board shall be appointed by the
17		mayor or president of the board of trustees of the municipality
18		or fire protection district involved. Two members of the board
19		shall be active participants of the pension fund who are
20		elected from the active participants of the fund. One member of
21		the board shall be a person who is retired under the Firemen's
22		Pension Fund Act of 1919 or this Article who is elected from
23		persons retired under the Firemen's Pension Fund Act of 1919 or
24		this Article.
25		For the purposes of this Section, a firefighter receiving a
26		disability pension shall be considered a retired firefighter.

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

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1		board members to be chosen from the active firefighters, all
2		active firefighters and no others may vote. In the elections
3		for board members to be chosen from retired firefighters, the
4		retired firefighters and no others may vote.
5		Each member of the board so elected shall hold office for a
6		term of 3 years and until his or her successor has been duly
7		elected and qualified.
8		The board shall canvass the ballots and declare which
9		persons have been elected and for what term or terms
10		respectively. In case of a tie vote between 2 or more
11		candidates, the board shall determine by lot which candidate or
12		candidates have been elected and for what term or terms
13		respectively. In the event of the failure, resignation, or
14		inability to act of any board member, a successor shall be
15		elected for the unexpired term at a special election called by
16		the board and conducted in the same manner as a regular
17		election.
18		The board shall elect annually from its members a president
19		and secretary.
20		Board members shall not receive or have any right to
21		receive any salary from a pension fund for services performed
22		as board members.
23		(Source: P.A. 96-1000, eff. 7-2-10; revised 9-20-16.)
24		(40 ILCS 5/8-107.2) (from Ch. 108 1/2, par. 8-107.2)
25		Sec. 8-107.2. House of Correction Employees' Pension Act.

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1		"House of Correction Employees' Pension Act": "An Act to
2		provide for the setting apart, formation and disbursement of a
3		house of correction employees pension fund in cities having a
4		population exceeding 150,000 inhabitants", approved June 10,
5		1911, as amended, and as continued in, or superseded by the
6		"Illinois Pension Code", approved March 18, 1963, under Article
7		19, Division 1, Sections Secs. 19-101 to 19-119, both
8		inclusive, as amended.
9		(Source: P.A. 81-1509; revised 9-2-16.)
10		(40 ILCS 5/8-114) (from Ch. 108 1/2, par. 8-114)
11		Sec. 8-114. Present employee. "Present employee":
12		(a) Any employee of an employer, or the board, on the day
13		before the effective date.
14		(b) Any person who becomes an employee of the Board of
15		Education on the day before the effective date and who on June
16		30, 1923, was a contributor to any municipal pension fund in
17		operation in the city on that date under the Public School
18		Employees' Pension Act of 1903. Any such employee shall be
19		considered a municipal employee during the entire time he has
20		been in the service of the employer.
21		(c) Any person who becomes an employee of the municipal
22		court or law department or Board of Election Commissioners on
23		the day before the effective date, and who on December 31,
24		1959, was a participant in either of the funds in operation in
25		the city on December 31, 1959, created under the Court and Law

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1		Department Employees' Annuity Act or the Board of Election
2		Commissioners Employees' Annuity Act. Any such employee shall
3		be considered a municipal employee during the entire time he
4		has been in the service of the municipal court or law
5		department or Board of Election Commissioners.
6		(d) Any person who becomes an a employee of the Public
7		Library on the day before the effective date, and who on
8		December 31, 1965 was a contributor and participant in the fund
9		created under the Public Library Employes' Pension Act, in
10		operation in the city on December 31, 1965. Any such employee
11		shall be considered a municipal employee during the entire time
12		he has been in the service of the Public Library.
13		(Source: P.A. 91-357, eff. 7-29-99; revised 9-2-16.)
14		(40 ILCS 5/9-121.6) (from Ch. 108 1/2, par. 9-121.6)
15		Sec. 9-121.6. Alternative annuity for county officers.
16		(a) Any county officer elected by vote of the people may
17		elect to establish alternative credits for an alternative
18		annuity by electing in writing to make additional optional
19		contributions in accordance with this Section and procedures
20		established by the board. Such elected county officer may
21		discontinue making the additional optional contributions by
22		notifying the Fund in writing in accordance with this Section
23		and procedures established by the board.
24		Additional optional contributions for the alternative
25		annuity shall be as follows:

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1		(1) For service after the option is elected, an
2		additional contribution of 3% of salary shall be
3		contributed to the Fund on the same basis and under the
4		same conditions as contributions required under Sections
5		9-170 and 9-176.
6		(2) For service before the option is elected, an
7		additional contribution of 3% of the salary for the
8		applicable period of service, plus interest at the
9		effective rate from the date of service to the date of
10		payment. All payments for past service must be paid in full
11		before credit is given. No additional optional
12		contributions may be made for any period of service for
13		which credit has been previously forfeited by acceptance of
14		a refund, unless the refund is repaid in full with interest
15		at the effective rate from the date of refund to the date
16		of repayment.
17		(b) In lieu of the retirement annuity otherwise payable
18		under this Article, any county officer elected by vote of the
19		people who (1) has elected to participate in the Fund and make
20		additional optional contributions in accordance with this
21		Section, and (2) has attained age 60 with at least 10 years of
22		service credit, or has attained age 65 with at least 8 years of
23		service credit, may elect to have his retirement annuity
24		computed as follows: 3% of the participant's salary at the time
25		of termination of service for each of the first 8 years of
26		service credit, plus 4% of such salary for each of the next 4

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1		years of service credit, plus 5% of such salary for each year
2		of service credit in excess of 12 years, subject to a maximum
3		of 80% of such salary. To the extent such elected county
4		officer has made additional optional contributions with
5		respect to only a portion of his years of service credit, his
6		retirement annuity will first be determined in accordance with
7		this Section to the extent such additional optional
8		contributions were made, and then in accordance with the
9		remaining Sections of this Article to the extent of years of
10		service credit with respect to which additional optional
11		contributions were not made.
12		(c) In lieu of the disability benefits otherwise payable
13		under this Article, any county officer elected by vote of the
14		people who (1) has elected to participate in the Fund, and (2)
15		has become permanently disabled and as a consequence is unable
16		to perform the duties of his office, and (3) was making
17		optional contributions in accordance with this Section at the
18		time the disability was incurred, may elect to receive a
19		disability annuity calculated in accordance with the formula in
20		subsection (b). For the purposes of this subsection, such
21		elected county officer shall be considered permanently
22		disabled only if: (i) disability occurs while in service as an
23		elected county officer and is of such a nature as to prevent
24		him from reasonably performing the duties of his office at the
25		time; and (ii) the board has received a written certification
26		by at least 2 licensed physicians appointed by it stating that

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1		such officer is disabled and that the disability is likely to
2		be permanent.
3		(d) Refunds of additional optional contributions shall be
4		made on the same basis and under the same conditions as
5		provided under Sections Section 9-164, 9-166, and 9-167.
6		Interest shall be credited at the effective rate on the same
7		basis and under the same conditions as for other contributions.
8		Optional contributions under this Section shall be included in
9		the amount of employee contributions used to compute the tax
10		levy under Section 9-169.
11		(e) The effective date of this plan of optional alternative
12		benefits and contributions shall be January 1, 1988, or the
13		date upon which approval is received from the U.S. Internal
14		Revenue Service, whichever is later. The plan of optional
15		alternative benefits and contributions shall not be available
16		to any former county officer or employee receiving an annuity
17		from the Fund on the effective date of the plan, unless he
18		re-enters service as an elected county officer and renders at
19		least 3 years of additional service after the date of re-entry.
20		(f) Any elected county officer who was entitled to receive
21		a stipend from the State on or after July 1, 2009 and on or
22		before June 30, 2010 may establish earnings credit for the
23		amount of stipend not received, if the elected county official
24		applies in writing to the fund within 6 months after July 2,
25		2010 (the effective date of Public Act 96-961) this amendatory
26		Act of the 96th General Assembly and pays to the fund an amount

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1		equal to (i) employee contributions on the amount of stipend
2		not received, (ii) employer contributions determined by the
3		Board equal to the employer's normal cost of the benefit on the
4		amount of stipend not received, plus (iii) interest on items
5		(i) and (ii) at the actuarially assumed rate.
6		(g) The plan of optional alternative benefits and
7		contributions authorized under this Section applies only to
8		county officers elected by vote of the people on or before
9		January 1, 2008 (the effective date of Public Act 95-654).
10		(Source: P.A. 95-369, eff. 8-23-07; 95-654, eff. 1-1-08;
11		95-876, eff. 8-21-08; 96-961, eff. 7-2-10; revised 9-2-16.)
12		(40 ILCS 5/11-116) (from Ch. 108 1/2, par. 11-116)
13		Sec. 11-116. Salary. "Salary": Annual salary of an employee
14		as follows:
15		(a) Beginning on the effective date and prior to July 1,
16		1947, $3,000 shall be the maximum amount of annual salary of
17		any employee to be considered for the purposes of this Article;
18		and beginning on July 1, 1947 and prior to July 1, 1953 said
19		maximum amount shall be $4,800; and beginning on July 1, 1953
20		and prior to July 8, 1957, said maximum amount shall be $6,000;
21		and beginning on July 8, 1957, if appropriated, fixed or
22		arranged on an annual basis, the actual sum payable during the
23		year if the employee worked the full normal working time in his
24		position, at the rate of compensation, exclusive of overtime
25		and final vacation, appropriated or fixed as salary or wages

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1		for service in the position;
2		(b) If appropriated, fixed or arranged on other than an
3		annual basis, beginning July 8, 1957, the applicable schedules
4		specified in Section 11-217 shall be used for conversion of the
5		salary to an annual basis;
6		(c) Beginning July 1, 1951, if the city provides lodging
7		for an employee without charge, his salary shall be considered
8		to be $120 a year more than the amount payable as salary for
9		the year. The salary of an employee for whom daily meals are
10		provided by the city shall be considered to be $120 a year more
11		for each such daily meal than the amount payable as his salary
12		for the year; .
13		(d) Beginning September 1, 1981, the salary of a person who
14		was or is an employee of a Board of Education on or after that
15		date shall include the amount of employee contributions, if
16		any, picked up by the employer for that employee under Section
17		11-170.1.
18		(Source: P.A. 85-964; revised 9-2-16.)
19		(40 ILCS 5/11-125.5) (from Ch. 108 1/2, par. 11-125.5)
20		Sec. 11-125.5. Transfer of creditable service to Article 8,
21		9, or 13 Fund.
22		(a) Any city officer as defined in Section 8-243.2 of this
23		Code, any county officer elected by vote of the people (and
24		until March 1, 1993 any other person in accordance with Section
25		9-121.11) who is a participant in the pension fund established

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1		under Article 9 of this Code, and any elected sanitary district
2		commissioner who is a participant in a pension fund established
3		under Article 13 of this Code, may apply for transfer of his
4		credits and creditable service accumulated under this Fund to
5		such Article 8, 9, or 13 fund. Such creditable service shall be
6		transferred forthwith. Payments by this Fund to the Article 8,
7		9, or 13 fund shall be made at the same time and shall consist
8		of:
9		(1) the amounts accumulated to the credit of the
10		applicant, including interest, on the books of the Fund on
11		the date of transfer, but excluding any additional or
12		optional credits, which credits shall be refunded to the
13		applicant; and
14		(2) municipality credits computed and credited under
15		this Article, including interest, on the books of the Fund
16		on the date the applicant terminated service under the
17		Fund.
18		Participation in this Fund as to any credits transferred
19		under this Section shall terminate on the date of transfer.
20		(b) Any such elected city officer, county officer, or
21		sanitary district commissioner who has credits and creditable
22		service under the Fund may establish additional credits and
23		creditable service for periods during which he could have
24		elected to participate participant but did not so elect.
25		Credits and creditable service may be established by payment to
26		the Fund of an amount equal to the contributions he would have

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1		made if he had elected to participate, plus interest to the
2		date of payment.
3		(c) Any such elected city officer, county officer, or
4		sanitary district commissioner may reinstate credits and
5		creditable service terminated upon receipt of a separation
6		benefit, by payment to the Fund of the amount of the separation
7		benefit plus interest thereon to the date of payment.
8		(Source: P.A. 86-1488; 87-1265; revised 9-9-16.)
9		(40 ILCS 5/18-125) (from Ch. 108 1/2, par. 18-125)
10		Sec. 18-125. Retirement annuity amount.
11		(a) The annual retirement annuity for a participant who
12		terminated service as a judge prior to July 1, 1971 shall be
13		based on the law in effect at the time of termination of
14		service.
15		(b) Except as provided in subsection (b-5), effective July
16		1, 1971, the retirement annuity for any participant in service
17		on or after such date shall be 3 1/2% of final average salary,
18		as defined in this Section, for each of the first 10 years of
19		service, and 5% of such final average salary for each year of
20		service in on excess of 10.
21		For purposes of this Section, final average salary for a
22		participant who first serves as a judge before August 10, 2009
23		(the effective date of Public Act 96-207) shall be:
24		(1) the average salary for the last 4 years of credited
25		service as a judge for a participant who terminates service

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1		before July 1, 1975.
2		(2) for a participant who terminates service after June
3		30, 1975 and before July 1, 1982, the salary on the last
4		day of employment as a judge.
5		(3) for any participant who terminates service after
6		June 30, 1982 and before January 1, 1990, the average
7		salary for the final year of service as a judge.
8		(4) for a participant who terminates service on or
9		after January 1, 1990 but before July 14, 1995 (the
10		effective date of Public Act 89-136) this amendatory Act of
11		1995, the salary on the last day of employment as a judge.
12		(5) for a participant who terminates service on or
13		after July 14, 1995 (the effective date of Public Act
14		89-136) this amendatory Act of 1995, the salary on the last
15		day of employment as a judge, or the highest salary
16		received by the participant for employment as a judge in a
17		position held by the participant for at least 4 consecutive
18		years, whichever is greater.
19		However, in the case of a participant who elects to
20		discontinue contributions as provided in subdivision (a)(2) of
21		Section 18-133, the time of such election shall be considered
22		the last day of employment in the determination of final
23		average salary under this subsection.
24		For a participant who first serves as a judge on or after
25		August 10, 2009 (the effective date of Public Act 96-207) and
26		before January 1, 2011 (the effective date of Public Act

HB3855 Engrossed - 337 - LRB100 05985 AMC 16014 b
1		96-889), final average salary shall be the average monthly
2		salary obtained by dividing the total salary of the participant
3		during the period of: (1) the 48 consecutive months of service
4		within the last 120 months of service in which the total
5		compensation was the highest, or (2) the total period of
6		service, if less than 48 months, by the number of months of
7		service in that period.
8		The maximum retirement annuity for any participant shall be
9		85% of final average salary.
10		(b-5) Notwithstanding any other provision of this Article,
11		for a participant who first serves as a judge on or after
12		January 1, 2011 (the effective date of Public Act 96-889), the
13		annual retirement annuity is 3% of the participant's final
14		average salary for each year of service. The maximum retirement
15		annuity payable shall be 60% of the participant's final average
16		salary.
17		For a participant who first serves as a judge on or after
18		January 1, 2011 (the effective date of Public Act 96-889),
19		final average salary shall be the average monthly salary
20		obtained by dividing the total salary of the judge during the
21		96 consecutive months of service within the last 120 months of
22		service in which the total salary was the highest by the number
23		of months of service in that period; however, beginning January
24		1, 2011, the annual salary may not exceed $106,800, except that
25		that amount shall annually thereafter be increased by the
26		lesser of (i) 3% of that amount, including all previous

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1		adjustments, or (ii) the annual unadjusted percentage increase
2		(but not less than zero) in the consumer price index-u for the
3		12 months ending with the September preceding each November 1.
4		"Consumer price index-u" means the index published by the
5		Bureau of Labor Statistics of the United States Department of
6		Labor that measures the average change in prices of goods and
7		services purchased by all urban consumers, United States city
8		average, all items, 1982-84 = 100. The new amount resulting
9		from each annual adjustment shall be determined by the Public
10		Pension Division of the Department of Insurance and made
11		available to the Board by November 1st of each year.
12		(c) The retirement annuity for a participant who retires
13		prior to age 60 with less than 28 years of service in the
14		System shall be reduced 1/2 of 1% for each month that the
15		participant's age is under 60 years at the time the annuity
16		commences. However, for a participant who retires on or after
17		December 10, 1999 (the effective date of Public Act 91-653)
18		this amendatory Act of the 91st General Assembly, the
19		percentage reduction in retirement annuity imposed under this
20		subsection shall be reduced by 5/12 of 1% for every month of
21		service in this System in excess of 20 years, and therefore a
22		participant with at least 26 years of service in this System
23		may retire at age 55 without any reduction in annuity.
24		The reduction in retirement annuity imposed by this
25		subsection shall not apply in the case of retirement on account
26		of disability.

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1		(d) Notwithstanding any other provision of this Article,
2		for a participant who first serves as a judge on or after
3		January 1, 2011 (the effective date of Public Act 96-889) and
4		who is retiring after attaining age 62, the retirement annuity
5		shall be reduced by 1/2 of 1% for each month that the
6		participant's age is under age 67 at the time the annuity
7		commences.
8		(Source: P.A. 96-207, eff. 8-10-09; 96-889, eff. 1-1-11;
9		96-1000, eff. 7-2-10; 96-1490, eff. 1-1-11; revised 9-9-16.)
10		(40 ILCS 5/22A-111) (from Ch. 108 1/2, par. 22A-111)
11		Sec. 22A-111. The Board shall manage the investments of any
12		pension fund, retirement system, or education fund for the
13		purpose of obtaining a total return on investments for the long
14		term. It also shall perform such other functions as may be
15		assigned or directed by the General Assembly.
16		The authority of the board to manage pension fund
17		investments and the liability shall begin when there has been a
18		physical transfer of the pension fund investments to the board
19		and placed in the custody of the board's custodian.
20		The authority of the board to manage monies from the
21		education fund for investment and the liability of the board
22		shall begin when there has been a physical transfer of
23		education fund investments to the board and placed in the
24		custody of the board's custodian.
25		The board may not delegate its management functions, but it

HB3855 Engrossed - 340 - LRB100 05985 AMC 16014 b
1		may, but is not required to, arrange to compensate for
2		personalized investment advisory service for any or all
3		investments under its control with any national or state bank
4		or trust company authorized to do a trust business and
5		domiciled in Illinois, other financial institution organized
6		under the laws of Illinois, or an investment advisor who is
7		qualified under the Federal Investment Advisers Advisors Act of
8		1940 and is registered under the Illinois Securities Law of
9		1953. Nothing contained herein shall prevent the Board from
10		subscribing to general investment research services available
11		for purchase or use by others. The Board shall also have the
12		authority to compensate for accounting services.
13		This Section shall not be construed to prohibit the
14		Illinois State Board of Investment from directly investing
15		pension assets in public market investments, private
16		investments, real estate investments, or other investments
17		authorized by this Code.
18		(Source: P.A. 99-708, eff. 7-29-16; revised 10-27-16.)
19		Section 245. The Public Building Commission Act is amended
20		by changing Section 20.5 as follows:
21		(50 ILCS 20/20.5)
22		(Section scheduled to be repealed on June 1, 2018)
23		Sec. 20.5. Procedures for design-build selection.
24		(a) The Commission must use a two-phase procedure for the

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1		selection of the successful design-build entity. Phase I of the
2		procedure will evaluate and shortlist the design-build
3		entities based on qualifications, and Phase II will evaluate
4		the technical and cost proposals.
5		(b) The Commission shall include in the request for
6		proposal the evaluating factors to be used in Phase I. These
7		factors are in addition to any prequalification requirements of
8		design-build entities that the Commission has set forth. Each
9		request for proposal shall establish the relative importance
10		assigned to each evaluation factor and subfactor, including any
11		weighting of criteria to be employed by the Commission. The
12		Commission must maintain a record of the evaluation scoring to
13		be disclosed in event of a protest regarding the solicitation.
14		The Commission shall include the following criteria in
15		every Phase I evaluation of design-build entities: (1)
16		experience of personnel; (2) successful experience with
17		similar project types; (3) financial capability; (4)
18		timeliness of past performance; (5) experience with similarly
19		sized projects; (6) successful reference checks of the firm;
20		(7) commitment to assign personnel for the duration of the
21		project and qualifications of the entity's consultants; and (8)
22		ability or past performance in meeting or exhausting good faith
23		efforts to meet the utilization goals for minority and women
24		business enterprises established by the corporate authorities
25		of the Commission and in complying with Section 2-105 of the
26		Illinois Human Rights Act. The Commission may include any

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1		additional relevant criteria in Phase I that it deems necessary
2		for a proper qualification review. The Commission may include
3		any additional relevant criteria in Phase I that it deems
4		necessary for a proper qualification review.
5		The Commission may not consider any design-build entity for
6		evaluation or award if the entity has any pecuniary interest in
7		the project or has other relationships or circumstances,
8		including but not limited to, long-term leasehold, mutual
9		performance, or development contracts with the Commission,
10		that may give the design-build entity a financial or tangible
11		advantage over other design-build entities in the preparation,
12		evaluation, or performance of the design-build contract or that
13		create the appearance of impropriety. No design-build proposal
14		shall be considered that does not include an entity's plan to
15		comply with the requirements established in the minority and
16		women business enterprises and economically disadvantaged
17		firms established by the corporate authorities of the
18		Commission and with Section 2-105 of the Illinois Human Rights
19		Act.
20		Upon completion of the qualifications evaluation, the
21		Commission shall create a shortlist of the most highly
22		qualified design-build entities. The Commission, in its
23		discretion, is not required to shortlist the maximum number of
24		entities as identified for Phase II evaluation, provided
25		however, no less than 2 design-build entities nor more than 6
26		are selected to submit Phase II proposals.

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1		The Commission shall notify the entities selected for the
2		shortlist in writing. This notification shall commence the
3		period for the preparation of the Phase II technical and cost
4		evaluations. The Commission must allow sufficient time for the
5		shortlist entities to prepare their Phase II submittals
6		considering the scope and detail requested by the Commission.
7		(c) The Commission shall include in the request for
8		proposal the evaluating factors to be used in the technical and
9		cost submission components of Phase II. Each request for
10		proposal shall establish, for both the technical and cost
11		submission components of Phase II, the relative importance
12		assigned to each evaluation factor and subfactor, including any
13		weighting of criteria to be employed by the Commission. The
14		Commission must maintain a record of the evaluation scoring to
15		be disclosed in event of a protest regarding the solicitation.
16		The Commission shall include the following criteria in
17		every Phase II technical evaluation of design-build entities:
18		(1) compliance with objectives of the project; (2) compliance
19		of proposed services to the request for proposal requirements;
20		(3) quality of products or materials proposed; (4) quality of
21		design parameters; (5) design concepts; (6) innovation in
22		meeting the scope and performance criteria; and (7)
23		constructability of the proposed project. The Commission may
24		include any additional relevant technical evaluation factors
25		it deems necessary for proper selection.
26		The Commission shall include the following criteria in

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1		every Phase II cost evaluation: the guaranteed maximum project
2		cost and the time of completion. The Commission may include any
3		additional relevant technical evaluation factors it deems
4		necessary for proper selection. The guaranteed maximum project
5		cost criteria weighing factor shall not exceed 30%.
6		The Commission shall directly employ or retain a licensed
7		design professional to evaluate the technical and cost
8		submissions to determine if the technical submissions are in
9		accordance with generally accepted industry standards.
10		Upon completion of the technical submissions and cost
11		submissions evaluation, the Commission may award the
12		design-build contract to the highest overall ranked entity.
13		(d) This Section is repealed on June 1, 2018; provided that
14		any design-build contracts entered into before such date or any
15		procurement of a project under this Act commenced before such
16		date, and the contracts resulting from those procurements,
17		shall remain effective.
18		(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619,
19		eff. 1-7-14; revised 9-20-16.)
20		Section 250. The Public Officer Prohibited Activities Act
21		is amended by changing Section 3 as follows:
22		(50 ILCS 105/3) (from Ch. 102, par. 3)
23		Sec. 3. Prohibited interest in contracts.
24		(a) No person holding any office, either by election or

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1		appointment under the laws or Constitution of this State, may
2		be in any manner financially interested directly in his own
3		name or indirectly in the name of any other person,
4		association, trust, or corporation, in any contract or the
5		performance of any work in the making or letting of which such
6		officer may be called upon to act or vote. No such officer may
7		represent, either as agent or otherwise, any person,
8		association, trust, or corporation, with respect to any
9		application or bid for any contract or work in regard to which
10		such officer may be called upon to vote. Nor may any such
11		officer take or receive, or offer to take or receive, either
12		directly or indirectly, any money or other thing of value as a
13		gift or bribe or means of influencing his vote or action in his
14		official character. Any contract made and procured in violation
15		hereof is void. This Section shall not apply to any person
16		serving on an advisory panel or commission, to any director
17		serving on a hospital district board as provided under
18		subsection (a-5) of Section 13 of the Hospital District Law, or
19		to any person serving as both a contractual employee and as a
20		member of a public hospital board as provided under Article 11
21		of the Illinois Municipal Code in a municipality with a
22		population between 13,000 and 16,000 that is located in a
23		county with a population between 50,000 and 70,000.
24		(b) However, any elected or appointed member of the
25		governing body may provide materials, merchandise, property,
26		services, or labor, subject to the following provisions under

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1		either paragraph (1) or (2):
2		(1) If:
3		A. the contract is with a person, firm,
4		partnership, association, corporation, or cooperative
5		association in which such interested member of the
6		governing body of the municipality has less than a 7
7		1/2% share in the ownership; and
8		B. such interested member publicly discloses the
9		nature and extent of his interest prior to or during
10		deliberations concerning the proposed award of the
11		contract; and
12		C. such interested member abstains from voting on
13		the award of the contract, though he shall be
14		considered present for the purposes of establishing a
15		quorum; and
16		D. such contract is approved by a majority vote of
17		those members presently holding office; and
18		E. the contract is awarded after sealed bids to the
19		lowest responsible bidder if the amount of the contract
20		exceeds $1500, or awarded without bidding if the amount
21		of the contract is less than $1500; and
22		F. the award of the contract would not cause the
23		aggregate amount of all such contracts so awarded to
24		the same person, firm, association, partnership,
25		corporation, or cooperative association in the same
26		fiscal year to exceed $25,000.

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1		(2) If:
2		A. the award of the contract is approved by a
3		majority vote of the governing body of the municipality
4		provided that any such interested member shall abstain
5		from voting; and
6		B. the amount of the contract does not exceed
7		$2,000; and
8		C. the award of the contract would not cause the
9		aggregate amount of all such contracts so awarded to
10		the same person, firm, association, partnership,
11		corporation, or cooperative association in the same
12		fiscal year to exceed $4,000; and
13		D. such interested member publicly discloses the
14		nature and extent of his interest prior to or during
15		deliberations concerning the proposed award of the
16		contract; and
17		E. such interested member abstains from voting on
18		the award of the contract, though he shall be
19		considered present for the purposes of establishing a
20		quorum.
21		(b-5) In addition to the above exemptions, any elected or
22		appointed member of the governing body may provide materials,
23		merchandise, property, services, or labor if:
24		A. the contract is with a person, firm, partnership,
25		association, corporation, or cooperative association in
26		which the interested member of the governing body of the

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1		municipality, advisory panel, or commission has less than a
2		1% share in the ownership; and
3		B. the award of the contract is approved by a majority
4		vote of the governing body of the municipality provided
5		that any such interested member shall abstain from voting;
6		and
7		C. such interested member publicly discloses the
8		nature and extent of his interest before or during
9		deliberations concerning the proposed award of the
10		contract; and
11		D. such interested member abstains from voting on the
12		award of the contract, though he shall be considered
13		present for the purposes of establishing a quorum.
14		(c) A contract for the procurement of public utility
15		services by a public entity with a public utility company is
16		not barred by this Section by one or more members of the
17		governing body of the public entity being an officer or
18		employee of the public utility company or holding an ownership
19		interest of no more than 7 1/2% in the public utility company,
20		or holding an ownership interest of any size if the public
21		entity is a municipality with a population of less than 7,500
22		and the public utility's rates are approved by the Illinois
23		Commerce Commission. An elected or appointed member of the
24		governing body of the public entity having such an interest
25		shall be deemed not to have a prohibited interest under this
26		Section.

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1		(d) Notwithstanding any other provision of this Section or
2		any other law to the contrary, until January 1, 1994, a member
3		of the city council of a municipality with a population under
4		20,000 may purchase real estate from the municipality, at a
5		price of not less than 100% of the value of the real estate as
6		determined by a written MAI certified appraisal or by a written
7		certified appraisal of a State certified or licensed real
8		estate appraiser, if the purchase is approved by a unanimous
9		vote of the city council members then holding office (except
10		for the member desiring to purchase the real estate, who shall
11		not vote on the question).
12		(e) For the purposes of this Section only, a municipal
13		officer shall not be deemed interested if the officer is an
14		employee of a company or owns or holds an interest of 1% or
15		less in the municipal officer's individual name in a company,
16		or both, that company is involved in the transaction of
17		business with the municipality, and that company's stock is
18		traded on a nationally recognized securities market, provided
19		the interested member: (i) publicly discloses the fact that he
20		or she is an employee or holds an interest of 1% or less in a
21		company before deliberation of the proposed award of the
22		contract; (ii) refrains from evaluating, recommending,
23		approving, deliberating, or otherwise participating in
24		negotiation, approval, or both, of the contract, work, or
25		business; (iii) abstains from voting on the award of the
26		contract though he or she shall be considered present for

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1		purposes of establishing a quorum; and (iv) the contract is
2		approved by a majority vote of those members currently holding
3		office.
4		A municipal officer shall not be deemed interested if the
5		officer owns or holds an interest of 1% or less, not in the
6		officer's individual name but through a mutual fund or
7		exchange-traded fund, in a company, that company is involved in
8		the transaction of business with the municipality, and that
9		company's stock is traded on a nationally recognized securities
10		market.
11		(f) Under either of the following circumstances, a
12		municipal or county officer may hold a position on the board of
13		a not-for-profit corporation that is interested in a contract,
14		work, or business of the municipality or county:
15		(1) If the municipal or county officer is appointed by
16		the governing body of the municipality or county to
17		represent the interests of the municipality or county on a
18		not-for-profit corporation's board, then the municipal or
19		county officer may actively vote on matters involving
20		either that board or the municipality or county, at any
21		time, so long as the membership on the not-for-profit board
22		is not a paid position, except that the municipal or county
23		officer may be reimbursed by the not-for-profit
24		non-for-profit board for expenses incurred as the result of
25		membership on the not-for-profit non-for-profit board.
26		(2) If the municipal or county officer is not appointed

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1		to the governing body of a not-for-profit corporation by
2		the governing body of the municipality or county, then the
3		municipal or county officer may continue to serve; however,
4		the municipal or county officer shall abstain from voting
5		on any proposition before the municipal or county governing
6		body directly involving the not-for-profit corporation
7		and, for those matters, shall not be counted as present for
8		the purposes of a quorum of the municipal or county
9		governing body.
10		(Source: P.A. 97-520, eff. 8-23-11; 98-1083, eff. 1-1-15;
11		revised 9-22-16.)
12		Section 255. The Local Government Travel Expense Control
13		Act is amended by changing Sections 10 and 15 as follows:
14		(50 ILCS 150/10)
15		Sec. 10. Regulation of travel expenses. All local public
16		agencies shall, by resolution or ordinance, regulate the
17		reimbursement of all travel, meal, and lodging expenses of
18		officers and employees, including, but not limited to: (1) the
19		types of official business for which travel, meal, and lodging
20		expenses are allowed; (2) maximum allowable reimbursement for
21		travel, meal, and lodging expenses; and (3) a standardized form
22		for submission of travel, meal, and lodging expenses supported
23		by the minimum documentation required under Section 20 of this
24		Act. The regulations may allow for approval of expenses that

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1		exceed the maximum allowable travel, meal, or lodging expenses
2		because of emergency or other extraordinary circumstances. On
3		and after 180 days after January 1, 2017 (the effective date of
4		this Act) of the 99th General Assembly, no travel, meal, or
5		lodging expense shall be approved or paid by a local public
6		agency unless regulations have been adopted under this Section.
7		(Source: P.A. 99-604, eff. 1-1-17; revised 10-31-16.)
8		(50 ILCS 150/15)
9		Sec. 15. Approval of expenses. On or after 60 days after
10		January 1, 2017 (the effective date of this Act) of the 99th
11		General Assembly, expenses for travel, meals, and lodging of:
12		(1) any officer or employee that exceeds the maximum allowed
13		under the regulations adopted under Section 10 of this Act; or
14		(2) any member of the governing board or corporate authorities
15		of the local public agency, may only be approved by roll call
16		vote at an open meeting of the governing board or corporate
17		authorities of the local public agency.
18		(Source: P.A. 99-604, eff. 1-1-17; revised 10-31-16.)
19		Section 260. The Local Records Act is amended by changing
20		Section 6 as follows:
21		(50 ILCS 205/6) (from Ch. 116, par. 43.106)
22		Sec. 6. For those agencies comprising counties of 3,000,000
23		or more inhabitants or located in or coterminous co-terminous

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1		with any such county or a majority of whose inhabitants reside
2		in any such county, this Act shall be administered by a Local
3		Records Commission consisting of the president of the county
4		board of the county wherein the records are kept, the mayor of
5		the most populous city in such county, the State's attorney of
6		such county, the County comptroller, the State archivist, and
7		the State historian. The president of the county board shall be
8		the chairman of the Commission.
9		For all other agencies, this Act shall be administered by a
10		Local Records Commission consisting of a chairman of a county
11		board, who shall be chairman of the Commission, a mayor or
12		president of a city, village or incorporated town, a county
13		auditor, and a State's attorney, all of whom shall be appointed
14		by the Governor, the State archivist, and the State historian.
15		A member of either Commission may designate a substitute.
16		Either Commission may employ such technical, professional
17		and clerical assistants as are necessary.
18		Either Commission shall meet upon call of its chairman.
19		(Source: Laws 1961, p. 3503; revised 9-20-16.)
20		Section 265. The Illinois Police Training Act is amended by
21		setting forth, renumbering, and changing multiple versions of
22		Section 10.19 as follows:
23		(50 ILCS 705/10.19)
24		Sec. 10.19. Training; administration of epinephrine.

HB3855 Engrossed - 354 - LRB100 05985 AMC 16014 b
1		(a) This Section, along with Section 40 of the State Police
2		Act, may be referred to as the Annie LeGere Law.
3		(b) For purposes of this Section, "epinephrine
4		auto-injector" means a single-use device used for the automatic
5		injection of a pre-measured dose of epinephrine into the human
6		body prescribed in the name of a local governmental agency.
7		(c) The Board shall conduct or approve an optional advanced
8		training program for police officers to recognize and respond
9		to anaphylaxis, including the administration of an epinephrine
10		auto-injector. The training must include, but is not limited
11		to:
12		(1) how to recognize symptoms of an allergic reaction;
13		(2) how to respond to an emergency involving an
14		allergic reaction;
15		(3) how to administer an epinephrine auto-injector;
16		(4) how to respond to an individual with a known
17		allergy as well as an individual with a previously unknown
18		allergy;
19		(5) a test demonstrating competency of the knowledge
20		required to recognize anaphylaxis and administer an
21		epinephrine auto-injector; and
22		(6) other criteria as determined in rules adopted by
23		the Board.
24		(d) A local governmental agency may authorize a police
25		officer who has completed an optional advanced training program
26		under subsection (c) to carry, administer, or assist with the

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1		administration of epinephrine auto-injectors provided by the
2		local governmental agency whenever he or she is performing
3		official duties.
4		(e) A local governmental agency that authorizes its
5		officers to carry and administer epinephrine auto-injectors
6		under subsection (d) must establish a policy to control the
7		acquisition, storage, transportation, administration, and
8		disposal of epinephrine auto-injectors and to provide
9		continued training in the administration of epinephrine
10		auto-injectors.
11		(f) A physician, physician's assistant with prescriptive
12		authority, or advanced practice registered nurse with
13		prescriptive authority may provide a standing protocol or
14		prescription for epinephrine auto-injectors in the name of a
15		local governmental agency to be maintained for use when
16		necessary.
17		(g) When a police officer administers an epinephrine
18		auto-injector in good faith, the police officer and local
19		governmental agency, and its employees and agents, incur no
20		liability, except for willful and wanton conduct, as a result
21		of any injury or death arising from the use of an epinephrine
22		auto-injector.
23		(Source: P.A. 99-711, eff. 1-1-17.)
24		(50 ILCS 705/10.20)
25		Sec. 10.20 10.19. Disposal of medications. The Board shall

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1		develop rules and minimum standards for local governmental
2		agencies that authorize police officers to dispose of unused
3		medications under Section 18 of the Safe Pharmaceutical
4		Disposal Act.
5		(Source: P.A. 99-648, eff. 1-1-17; revised 10-21-16.)
6		(50 ILCS 705/10.21)
7		Sec. 10.21 10.19. Training; sexual assault and sexual
8		abuse.
9		(a) The Illinois Law Enforcement Training Standards Board
10		shall conduct or approve training programs in trauma-informed
11		responses and investigations of sexual assault and sexual
12		abuse, which include, but is not limited to, the following:
13		(1) recognizing the symptoms of trauma;
14		(2) understanding the role trauma has played in a
15		victim's life;
16		(3) responding to the needs and concerns of a victim;
17		(4) delivering services in a compassionate, sensitive,
18		and nonjudgmental manner;
19		(5) interviewing techniques in accordance with the
20		curriculum standards in subsection (f) of this Section;
21		(6) understanding cultural perceptions and common
22		myths of sexual assault and sexual abuse; and
23		(7) report writing techniques in accordance with the
24		curriculum standards in subsection (f) of this Section.
25		(b) This training must be presented in all full and

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1		part-time basic law enforcement academies on or before July 1,
2		2018.
3		(c) Agencies employing law enforcement officers must
4		present this training to all law enforcement officers within 3
5		years after January 1, 2017 (the effective date of Public Act
6		99-801) this amendatory Act of the 99th General Assembly and
7		must present in-service training on sexual assault and sexual
8		abuse response and report writing training requirements every 3
9		years.
10		(d) Agencies employing law enforcement officers who
11		conduct sexual assault and sexual abuse investigations must
12		provide specialized training to these officers on sexual
13		assault and sexual abuse investigations within 2 years after
14		January 1, 2017 (the effective date of Public Act 99-801) this
15		amendatory Act of the 99th General Assembly and must present
16		in-service training on sexual assault and sexual abuse
17		investigations to these officers every 3 years.
18		(e) Instructors providing this training shall have
19		successfully completed training on evidence-based,
20		trauma-informed, victim-centered response to cases of sexual
21		assault and sexual abuse and have experience responding to
22		sexual assault and sexual abuse cases.
23		(f) The Board shall adopt rules, in consultation with the
24		Office of the Illinois Attorney General and the Department of
25		State Police, to determine the specific training requirements
26		for these courses, including, but not limited to, the

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1		following:
2		(1) evidence-based curriculum standards for report
3		writing and immediate response to sexual assault and sexual
4		abuse, including trauma-informed, victim-centered
5		interview techniques, which have been demonstrated to
6		minimize retraumatization, for probationary police
7		officers and all law enforcement officers; and
8		(2) evidence-based curriculum standards for
9		trauma-informed, victim-centered investigation and
10		interviewing techniques, which have been demonstrated to
11		minimize retraumatization, for cases of sexual assault and
12		sexual abuse for law enforcement officers who conduct
13		sexual assault and sexual abuse investigations.
14		(Source: P.A. 99-801, eff. 1-1-17; revised 10-21-16.)
15		Section 270. The Regional Fire Protection Agency Act is
16		amended by changing Section 25 as follows:
17		(50 ILCS 741/25)
18		Sec. 25. Creation of an Agency by petition and referendum.
19		(a) Petition. A Regional Fire Protection Agency may
20		exclusively be formed upon petition signed by the lesser of:
21		(i) at least 8% of the total votes cast for candidates for
22		Governor in the preceding gubernatorial election in each of the
23		units of local government governments included in the Regional
24		Fire Protection Agency; or (ii) at least 500 legal voters in

HB3855 Engrossed - 359 - LRB100 05985 AMC 16014 b
1		each of the units of local government to be included in the
2		Regional Fire Protection Agency. The petition shall be filed in
3		the circuit court of the county in which the greater part of
4		the land of the proposed Regional Fire Protection Agency shall
5		be situated. The petition shall set forth the names of the
6		units of local government proposed to be included, the name of
7		the proposed Regional Fire Protection Agency, the benefits of
8		consolidating the units of local government within a Regional
9		Fire Protection Agency, the names of the representatives of the
10		petitioners from each unit of local government who shall be
11		authorized to serve on the Joint Committee, and up to 3
12		alternate representatives from each unit of local government in
13		the event a designated representative ceases to be an elector
14		of their jurisdiction or resigns from the Joint Committee. Upon
15		its filing, the petition shall be presented to the court, and
16		the court shall fix the date and hour for a hearing.
17		(b) Notice of Hearing. Upon the filing of the petition, the
18		court shall set a hearing date that is at least 4 weeks, but
19		not more than 8 weeks, after the date the petition is filed.
20		The court, clerk, petitioner's counsel, or sheriff shall, upon
21		order of the court, give notice 21 days before the hearing in
22		one or more daily or weekly newspapers of general circulation
23		in each county where an affected unit of local government is
24		organized. The notice must describe the units of local
25		government to be included and shall state that if the
26		conditions required by this Section are met, then the

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1		proposition for the creation of the Agency shall be submitted
2		to the voters of the units of local government in the proposed
3		Agency by order of the court.
4		(c) Hearing and referendum. At the hearing, the court shall
5		first determine whether the petition is supported by the
6		required number of valid signatures of legal voters within the
7		contiguous units of local government. If the petition is
8		proper, then the court shall remand the matter to a Special
9		Mediator who shall mediate the negotiations regarding the terms
10		of an intergovernmental agreement by the members of the Joint
11		Committee as provided in subsection (d) of this Section. The
12		Special Mediator shall be a member of the bar of the State of
13		Illinois or a member of the faculty of an accredited law
14		school. The Special Mediator shall have practiced law for at
15		least 7 years and be knowledgeable about municipal, labor,
16		employment, and election law. The Special Mediator shall be
17		free of any conflicts of interest. The Special Mediator shall
18		have strong mediation skills and the temperament and training
19		to listen well, facilitate communication, and assist with
20		negotiations. Special Mediators shall have sufficient
21		experience and familiarity with municipal, labor, employment,
22		and election law to provide a credible evaluation and
23		assessment of relative positions. The Special Mediator
24		assigned to mediate the Joint Committee's negotiations shall be
25		selected by the members of the Joint Committee from a panel of
26		7 individuals provided by the Joint Labor Management Committee,

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1		as it is defined in Section 50 of the Fire Department Promotion
2		Act. The panel shall be randomly selected by the Joint Labor
3		Management Committee from a master list maintained by the Joint
4		Labor Management Committee consisting of at least 14 qualified
5		Special Mediators. If the members fail to agree, the court
6		shall appoint the Special Mediator. The Joint Committee may
7		elect to conduct negotiations without the assistance of the
8		Special Mediator upon a majority vote of the Joint Committee.
9		To certify a question for referendum, the court must find that:
10		(i) based upon a preponderance of the evidence, at least 2 of
11		the 3 Joint Committee representatives appointed by the court
12		for each unit of local government included in the proposed
13		Agency have executed an intergovernmental agreement that
14		includes terms that are in compliance with the requirements
15		under subsection (d) of this Section; (ii) the terms of an
16		agreed-upon intergovernmental agreement have been approved by
17		the requisite governing bodies of each of the units of local
18		government; and (iii) should the terms of an agreed-upon
19		intergovernmental agreement change the terms of the collective
20		bargaining agreement for a bargaining unit of employees of any
21		local unit of government of the proposed Regional Fire
22		Protection Agency, any affected collective bargaining units
23		must also approve all such changes in the terms of the
24		collective bargaining agreement.
25		(d) Joint Committee. The court shall allow appointments to
26		the Joint Committee as follows:

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1		(1) A representative of each unit of local government
2		included within the proposed service area of the proposed
3		Agency.
4		(2) A representative of each collective bargaining
5		unit that is a party to a collective bargaining agreement
6		with a unit of local government to provide fire suppression
7		or emergency medical services, or both, included within the
8		proposed Agency.
9		(3) A representative for the petitioners from each unit
10		of local government included within the proposed Agency, as
11		designated by the petition, or, if none are designated or
12		willing to serve, then chosen by the court from among the
13		legal voters that signed the petition.
14		(e) Joint Committee Negotiations. After remand, the
15		Special Mediator shall schedule a meeting of the Joint
16		Committee and facilitate the members in negotiating the terms
17		of an intergovernmental agreement. The first order of business
18		shall be to establish a financial baseline for the current
19		costs of fire and emergency medical services provided by the
20		units of local government party to the Joint Committee. To this
21		end, each unit of local government party to the Joint Committee
22		shall disclose to the Joint Committee the total aggregate
23		expenditures it allocates for providing all fire, rescue, and
24		emergency medical services. These expenditures shall include,
25		but are not limited to, the following cost factors: (i) all
26		expenses from the corporate fund and other operational funds

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1		related to fire protection services, whether direct or
2		indirect, for the current fiscal year; and (ii) all costs,
3		whether direct or indirect, paid from other funds, including,
4		but not limited to, capital or building funds, pension funds,
5		workers' compensation funds, health insurance funds,
6		enterprise funds, administrative funds, and all other funds
7		from which money is, or may be, paid or transferred to pay for
8		the administration and compensation or benefits for employees
9		or persons assigned to provide fire or emergency medical
10		services or related services, equipment, and buildings and
11		their maintenance or operation and debt service for any
12		expenditures related to these or related cost factors.
13		The Special Mediator or the court, or both if necessary,
14		shall facilitate the computation and production of this
15		financial baseline unless the Joint Committee elects to conduct
16		negotiations without the assistance of the Special Mediator.
17		The financial baseline shall serve as the predicate to: (i) the
18		annual contributions to be made by each unit of local
19		government to the costs of providing fire and emergency medical
20		services to the service area established for the proposed
21		Regional Fire Protection Agency; and (ii) for the court's
22		findings pursuant to subsection (f) of this Section.
23		The Joint Committee may take note or give due consideration
24		to available resources, studies, and plans that may facilitate
25		the resolution of issues relating to the terms of an agreement.
26		Negotiations may continue for a period of 90 days or, if the

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1		court determines that additional time will facilitate
2		agreement, longer.
3		If no agreement is reached, the court shall dismiss the
4		petition. If an agreement is reached, the court shall schedule
5		an evidentiary hearing with notice to determine if the terms of
6		the agreement are in compliance with the requirements of
7		subsection (f) of this Section. The expenses of the Special
8		Mediator shall be apportioned equally among the included units
9		of local government unless the parties agree otherwise in the
10		intergovernmental agreement.
11		If the intergovernmental agreement has been approved by the
12		governing bodies of at least 2 units of local government
13		included in the original petition, then the petition may
14		proceed, provided that the agreement is also executed by at
15		least 2 of 3 Joint Committee representatives from each affected
16		unit of local government included in the original petition. The
17		units of local government that did not consent to inclusion
18		shall be dismissed, and an amended petition on behalf of the
19		consenting units of local government shall be scheduled for an
20		evidentiary hearing.
21		The persons or entities, or their duly authorized
22		representatives, that shall have standing to present evidence
23		at the hearing are the petitioners, the units of local
24		government that sought to be included in the proposed Agency,
25		and the representatives of each collective bargaining unit that
26		is a party to a collective bargaining agreement with a fire

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1		protection jurisdiction within a unit of local government
2		included within the proposed Agency.
3		If the court finds, by a preponderance of the evidence,
4		that the petition is supported by a proper intergovernmental
5		agreement, the court shall enter an order certifying the
6		proposition to the proper election officials, who shall submit
7		the question of the creation of the proposed Agency to the
8		legal voters of each included unit of local government at the
9		next election. Notice of the election shall be given and the
10		election conducted in the manner provided by the general
11		election law. The notice shall state the boundaries of the
12		proposed Agency.
13		The question shall be submitted in substantially the
14		following form:
15		Shall the service areas of (names of existing units of
16		local government to be combined) be combined to create the
17		(name of the Regional Fire Protection Agency)?
18		Responses shall be recorded as "Yes" or "No".
19		A written statement of the election results shall be filed
20		with the court. If, in each unit of local government included
21		within the boundaries of the Regional Fire Protection Agency, a
22		majority of the voters voting on the question favor the
23		proposition, then the court shall issue an order stating that
24		the Agency has been approved.
25		(f) Intergovernmental agreement; minimum standards of
26		service. The terms of the intergovernmental agreement shall

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1		ensure that all of the following standards of service are met:
2		(1) The formation of the Agency shall result in no net
3		increase in the cost of fire protection services and
4		emergency medical services to the units of local government
5		in the proposed Agency due to the reduction or elimination
6		of duplicative administrative costs, operational costs,
7		equipment costs, or capital expenditures unless members of
8		the Joint Committee can demonstrate that an increase in the
9		cost to a participating unit of local government is
10		justified by a corresponding increase in the level of
11		services provided under the terms of the intergovernmental
12		agreement.
13		(2) The formation of the Agency shall not increase the
14		average response times in any included unit of local
15		government.
16		(3) Agencies shall have no independent ability to levy
17		taxes and shall rely on the fiscal support and
18		contributions from component fire protection
19		jurisdictions, as required under the terms of the
20		intergovernmental agreement.
21		(Source: P.A. 98-1095, eff. 8-26-14; revised 9-20-16.)
22		Section 275. The Counties Code is amended by changing
23		Sections 3-6012.1, 4-2002.1, 4-11001.5, 5-25013, and 5-43035
24		as follows:

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1		(55 ILCS 5/3-6012.1)
2		Sec. 3-6012.1. Court security officers. The sheriff of any
3		county in Illinois with less than 3,000,000 inhabitants may
4		hire court security officers in such number as the county board
5		shall from time to time deem necessary. Court security officers
6		may be designated by the Sheriff to attend courts and perform
7		the functions set forth in Section 3-6023. Court security
8		officers shall have the authority to arrest; however, such
9		arrest powers shall be limited to performance of their official
10		duties as court security officers. Court security officers may
11		carry weapons, upon which they have been trained and qualified
12		as permitted by law, at their place of employment and to and
13		from their place of employment with the consent of the Sheriff.
14		The court security officers shall be sworn officers of the
15		Sheriff and shall be primarily responsible for the security of
16		the courthouse and its courtrooms. The court security officers
17		shall be under the sole control of the sheriff of the county in
18		which they are hired. No court security officer shall be
19		subject to the jurisdiction of a Sheriff's Merit Commission
20		unless the officer was hired through the Sheriff's Merit
21		Commission's certified applicant process under Section 3-8010
22		of the Counties Code. They are not regular appointed deputies
23		under Section 3-6008. The position of court security officer
24		shall not be considered a rank when seeking initial appointment
25		as deputy sheriff under Section 3-8011.
26		Every court security officer hired on or after June 1, 1997

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1		(the effective date of Public Act 89-685) this amendatory Act
2		of 1996 shall serve a probationary period of 12 months during
3		which time they may be discharged at the will of the Sheriff.
4		(Source: P.A. 99-10, eff. 1-1-16; revised 9-20-16.)
5		(55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
6		Sec. 4-2002.1. State's attorney fees in counties of
7		3,000,000 or more population. This Section applies only to
8		counties with 3,000,000 or more inhabitants.
9		(a) State's attorneys shall be entitled to the following
10		fees:
11		For each conviction in prosecutions on indictments for
12		first degree murder, second degree murder, involuntary
13		manslaughter, criminal sexual assault, aggravated criminal
14		sexual assault, aggravated criminal sexual abuse, kidnapping,
15		arson and forgery, $60. All other cases punishable by
16		imprisonment in the penitentiary, $60.
17		For each conviction in other cases tried before judges of
18		the circuit court, $30; except that if the conviction is in a
19		case which may be assigned to an associate judge, whether or
20		not it is in fact assigned to an associate judge, the fee shall
21		be $20.
22		For preliminary examinations for each defendant held to
23		bail or recognizance, $20.
24		For each examination of a party bound over to keep the
25		peace, $20.

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1		For each defendant held to answer in a circuit court on a
2		charge of paternity, $20.
3		For each trial on a charge of paternity, $60.
4		For each case of appeal taken from his county or from the
5		county to which a change of venue is taken to his county to the
6		Supreme or Appellate Court when prosecuted or defended by him,
7		$100.
8		For each day actually employed in the trial of a case, $50;
9		in which case the court before whom the case is tried shall
10		make an order specifying the number of days for which a per
11		diem shall be allowed.
12		For each day actually employed in the trial of cases of
13		felony arising in their respective counties and taken by change
14		of venue to another county, $50; and the court before whom the
15		case is tried shall make an order specifying the number of days
16		for which said per diem shall be allowed; and it is hereby made
17		the duty of each State's attorney to prepare and try each case
18		of felony arising when so taken by change of venue.
19		For assisting in a trial of each case on an indictment for
20		felony brought by change of venue to their respective counties,
21		the same fees they would be entitled to if such indictment had
22		been found for an offense committed in his county, and it shall
23		be the duty of the State's attorney of the county to which such
24		cause is taken by change of venue to assist in the trial
25		thereof.
26		For each case of forfeited recognizance where the

HB3855 Engrossed - 370 - LRB100 05985 AMC 16014 b
1		forfeiture is set aside at the instance of the defense, in
2		addition to the ordinary costs, $20 for each defendant.
3		For each proceeding in a circuit court to inquire into the
4		alleged mental illness of any person, $20 for each defendant.
5		For each proceeding in a circuit court to inquire into the
6		alleged dependency or delinquency of any child, $20.
7		For each day actually employed in the hearing of a case of
8		habeas corpus in which the people are interested, $50.
9		All the foregoing fees shall be taxed as costs to be
10		collected from the defendant, if possible, upon conviction. But
11		in cases of inquiry into the mental illness of any person
12		alleged to be mentally ill, in cases on a charge of paternity
13		and in cases of appeal in the Supreme or Appellate Court, where
14		judgment is in favor of the accused, the fees allowed the
15		State's attorney therein shall be retained out of the fines and
16		forfeitures collected by them in other cases.
17		Ten per cent of all moneys except revenue, collected by
18		them and paid over to the authorities entitled thereto, which
19		per cent together with the fees provided for herein that are
20		not collected from the parties tried or examined, shall be paid
21		out of any fines and forfeited recognizances collected by them,
22		provided however, that in proceedings to foreclose the lien of
23		delinquent real estate taxes State's attorneys shall receive a
24		fee, to be credited to the earnings of their office, of 10% of
25		the total amount realized from the sale of real estate sold in
26		such proceedings. Such fees shall be paid from the total amount

HB3855 Engrossed - 371 - LRB100 05985 AMC 16014 b
1		realized from the sale of the real estate sold in such
2		proceedings.
3		State's attorneys shall have a lien for their fees on all
4		judgments for fines or forfeitures procured by them and on
5		moneys except revenue received by them until such fees and
6		earnings are fully paid.
7		No fees shall be charged on more than 10 counts in any one
8		indictment or information on trial and conviction; nor on more
9		than 10 counts against any one defendant on pleas of guilty.
10		The Circuit Court may direct that of all monies received,
11		by restitution or otherwise, which monies are ordered paid to
12		the Department of Healthcare and Family Services (formerly
13		Department of Public Aid) or the Department of Human Services
14		(acting as successor to the Department of Public Aid under the
15		Department of Human Services Act) as a direct result of the
16		efforts of the State's attorney and which payments arise from
17		Civil or Criminal prosecutions involving the Illinois Public
18		Aid Code or the Criminal Code, the following amounts shall be
19		paid quarterly by the Department of Healthcare and Family
20		Services or the Department of Human Services to the General
21		Corporate Fund of the County in which the prosecution or cause
22		of action took place:
23		(1) where the monies result from child support
24		obligations, not less than 25% of the federal share of the
25		monies received,
26		(2) where the monies result from other than child

HB3855 Engrossed - 372 - LRB100 05985 AMC 16014 b
1		support obligations, not less than 25% of the State's share
2		of the monies received.
3		In addition to any other amounts to which State's Attorneys
4		are entitled under this Section, State's Attorneys are entitled
5		to $10 of the fine that is imposed under Section 5-9-1.17 of
6		the Unified Code of Corrections, as set forth in that Section.
7		(b) A municipality shall be entitled to a $25 prosecution
8		fee for each conviction for a violation of the Illinois Vehicle
9		Code prosecuted by the municipal attorney pursuant to Section
10		16-102 of that Code which is tried before a circuit or
11		associate judge and shall be entitled to a $25 prosecution fee
12		for each conviction for a violation of a municipal vehicle
13		ordinance prosecuted by the municipal attorney which is tried
14		before a circuit or associate judge. Such fee shall be taxed as
15		costs to be collected from the defendant, if possible, upon
16		conviction. A municipality shall have a lien for such
17		prosecution fees on all judgments or fines procured by the
18		municipal attorney from prosecutions for violations of the
19		Illinois Vehicle Code and municipal vehicle ordinances.
20		For the purposes of this subsection (b), "municipal vehicle
21		ordinance" means any ordinance enacted pursuant to Sections
22		11-40-1, 11-40-2, 11-40-2a, and 11-40-3 of the Illinois
23		Municipal Code or any ordinance enacted by a municipality which
24		is similar to a provision of Chapter 11 of the Illinois Vehicle
25		Code.
26		(c) State's attorneys shall be entitled to a $2 fee to be

HB3855 Engrossed - 373 - LRB100 05985 AMC 16014 b
1		paid by the defendant on a judgment of guilty or a grant of
2		supervision for a violation of any provision of the Illinois
3		Vehicle Code or any felony, misdemeanor, or petty offense to
4		discharge the expenses of the State's Attorney's office for
5		establishing and maintaining automated record keeping systems.
6		The fee shall be remitted monthly to the county treasurer, to
7		be deposited by him or her into a special fund designated as
8		the State's Attorney Records Automation Fund. Expenditures
9		from this fund may be made by the State's Attorney for
10		hardware, software, research, and development costs and
11		personnel related thereto.
12		For the purposes of this subsection (b), "municipal vehicle
13		ordinance" means any ordinance enacted pursuant to Sections
14		11-40-1, 11-40-2, 11-40-2a, and 11-40-3 of the Illinois
15		Municipal Code or any ordinance enacted by a municipality which
16		is similar to a provision of Chapter 11 of the Illinois Vehicle
17		Code.
18		(Source: P.A. 96-707, eff. 1-1-10; 96-1186, eff. 7-22-10;
19		97-673, eff. 6-1-12; revised 10-31-16.)
20		(55 ILCS 5/4-11001.5)
21		(Section scheduled to be repealed on December 31, 2019)
22		Sec. 4-11001.5. Lake County Children's Advocacy Center
23		Pilot Program.
24		(a) The Lake County Children's Advocacy Center Pilot
25		Program is established. Under the Pilot Program, any grand

HB3855 Engrossed - 374 - LRB100 05985 AMC 16014 b
1		juror or petit juror in Lake County may elect to have his or
2		her juror fees earned under Section 4-11001 of this Code to be
3		donated to the Lake County Children's Advocacy Center, a
4		division of the Lake County State's Attorney's office.
5		(b) On or before January 1, 2017, the Lake County board
6		shall adopt, by ordinance or resolution, rules and policies
7		governing and effectuating the ability of jurors to donate
8		their juror fees to the Lake County Children's Advocacy Center
9		beginning January 1, 2017 and ending December 31, 2018. At a
10		minimum, the rules and policies must provide:
11		(1) for a form that a juror may fill out to elect to
12		donate his or her their juror fees. The form must contain a
13		statement, in at least 14-point bold type, that donation of
14		juror fees is optional;
15		(2) that all monies donated by jurors shall be
16		transferred by the county to the Lake County Children's
17		Advocacy Center at the same time a juror is paid under
18		Section 4-11001 of this Code who did not elect to donate
19		his or her their juror fees; and
20		(3) that all juror fees donated under this Section
21		shall be used exclusively for the operation of Lake County
22		Children's Advocacy Center.
23		(c) The following information shall be reported to the
24		General Assembly and the Governor by the Lake County board
25		after each calendar year of the Pilot Program on or before
26		March 31, 2018 and March 31, 2019:

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1		(1) the number of grand and petit jurors who earned
2		fees under Section 4-11001 of this Code during the previous
3		calendar year;
4		(2) the number of grand and petit jurors who donated
5		fees under this Section during the previous calendar year;
6		(3) the amount of donated fees under this Section
7		during the previous calendar year;
8		(4) how the monies donated in the previous calendar
9		year were used by the Lake County Children's Advocacy
10		Center; and
11		(5) how much cost there was incurred by Lake County and
12		the Lake County State's Attorney's office in the previous
13		calendar year in implementing the Pilot Program.
14		(d) This Section is repealed on December 31, 2019.
15		(Source: P.A. 99-583, eff. 7-15-16; revised 9-1-16.)
16		(55 ILCS 5/5-25013) (from Ch. 34, par. 5-25013)
17		Sec. 5-25013. Organization of board; powers and duties.
18		(A) The board of health of each county or multiple-county
19		health department shall, immediately after appointment, meet
20		and organize, by the election of one of its number as president
21		and one as secretary, and either from its number or otherwise,
22		a treasurer and such other officers as it may deem necessary. A
23		board of health may make and adopt such rules for its own
24		guidance and for the government of the health department as may
25		be deemed necessary to protect and improve public health not

HB3855 Engrossed - 376 - LRB100 05985 AMC 16014 b
1		inconsistent with this Division. It shall:
2		1. Hold a meeting prior to the end of each operating
3		fiscal year, at which meeting officers shall be elected for
4		the ensuing operating fiscal year.
5		2. Hold meetings at least quarterly.
6		3. Hold special meetings upon a written request signed
7		by two members and filed with the Secretary or on request
8		of the medical health officer or public health
9		administrator.
10		4. Provide, equip and maintain suitable offices,
11		facilities and appliances for the health department.
12		5. Publish annually, within 90 days after the end of
13		the county's operating fiscal year, in pamphlet form, for
14		free distribution, an annual report showing the condition
15		of its trust on the last day of the most recently completed
16		operating fiscal year, the sums of money received from all
17		sources, giving the name of any donor, how all moneys have
18		been expended and for what purpose, and such other
19		statistics and information in regard to the work of the
20		health department as it may deem of general interest.
21		6. Within its jurisdiction, and professional and
22		technical competence, enforce and observe all State laws
23		pertaining to the preservation of health, and all county
24		and municipal ordinances except as otherwise provided in
25		this Division.
26		7. Within its jurisdiction, and professional and

HB3855 Engrossed - 377 - LRB100 05985 AMC 16014 b
1		technical competence, investigate the existence of any
2		contagious or infectious disease and adopt measures, not
3		inconsistent with the regulations of the State Department
4		of Public Health, to arrest the progress of the same.
5		8. Within its jurisdiction, and professional and
6		technical competence, make all necessary sanitary and
7		health investigations and inspections.
8		9. Upon request, give professional advice and
9		information to all city, village, incorporated town and
10		school authorities, within its jurisdiction, in all
11		matters pertaining to sanitation and public health.
12		10. Appoint a medical health officer as the executive
13		officer for the department, who shall be a citizen of the
14		United States and shall possess such qualifications as may
15		be prescribed by the State Department of Public Health; or
16		appoint a public health administrator who shall possess
17		such qualifications as may be prescribed by the State
18		Department of Public Health as the executive officer for
19		the department, provided that the board of health shall
20		make available medical supervision which is considered
21		adequate by the Director of Public Health.
22		10.5. 10 1/2. Appoint such professional employees as
23		may be approved by the executive officer who meet the
24		qualification requirements of the State Department of
25		Public Health for their respective positions provided,
26		that in those health departments temporarily without a

HB3855 Engrossed - 378 - LRB100 05985 AMC 16014 b
1		medical health officer or public health administrator
2		approval by the State Department of Public Health shall
3		suffice.
4		11. Appoint such other officers and employees as may be
5		necessary.
6		12. Prescribe the powers and duties of all officers and
7		employees, fix their compensation, and authorize payment
8		of the same and all other department expenses from the
9		County Health Fund of the county or counties concerned.
10		13. Submit an annual budget to the county board or
11		boards.
12		14. Submit an annual report to the county board or
13		boards, explaining all of its activities and expenditures.
14		15. Establish and carry out programs and services in
15		mental health, including intellectual disabilities and
16		alcoholism and substance abuse, not inconsistent with the
17		regulations of the Department of Human Services.
18		16. Consult with all other private and public health
19		agencies in the county in the development of local plans
20		for the most efficient delivery of health services.
21		(B) The board of health of each county or multiple-county
22		health department may:
23		1. Initiate and carry out programs and activities of
24		all kinds, not inconsistent with law, that may be deemed
25		necessary or desirable in the promotion and protection of
26		health and in the control of disease including

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1		tuberculosis.
2		2. Receive contributions of real and personal
3		property.
4		3. Recommend to the county board or boards the adoption
5		of such ordinances and of such rules and regulations as may
6		be deemed necessary or desirable for the promotion and
7		protection of health and control of disease.
8		4. Appoint a medical and dental advisory committee and
9		a non-medical advisory committee to the health department.
10		5. Enter into contracts with the State,
11		municipalities, other political subdivisions and
12		non-official agencies for the purchase, sale or exchange of
13		health services.
14		6. Set fees it deems reasonable and necessary (i) to
15		provide services or perform regulatory activities, (ii)
16		when required by State or federal grant award conditions,
17		(iii) to support activities delegated to the board of
18		health by the Illinois Department of Public Health, or (iv)
19		when required by an agreement between the board of health
20		and other private or governmental organizations, unless
21		the fee has been established as a part of a regulatory
22		ordinance adopted by the county board, in which case the
23		board of health shall make recommendations to the county
24		board concerning those fees. Revenue generated under this
25		Section shall be deposited into the County Health Fund or
26		to the account of the multiple-county health department.

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1		7. Enter into multiple year employment contracts with
2		the medical health officer or public health administrator
3		as may be necessary for the recruitment and retention of
4		personnel and the proper functioning of the health
5		department.
6		8. Enter into contracts with municipal health
7		departments, county health departments, other boards of
8		health, private or public hospitals, and not for profit
9		entities to provide public health services outside of a
10		board of health's own jurisdiction in order to protect the
11		public health in an effective manner.
12		(C) The board of health of a multiple-county health
13		department may hire attorneys to represent and advise the
14		department concerning matters that are not within the exclusive
15		jurisdiction of the State's Attorney of one of the counties
16		that created the department.
17		(Source: P.A. 99-730, eff. 8-5-16; revised 10-27-16.)
18		(55 ILCS 5/5-43035)
19		Sec. 5-43035. Enforcement of judgment.
20		(a) Any fine, other sanction, or costs imposed, or part of
21		any fine, other sanction, or costs imposed, remaining unpaid
22		after the exhaustion of or the failure to exhaust judicial
23		review procedures under the Illinois Administrative Review Law
24		are a debt due and owing the county for a violation of a county
25		ordinance, or the participating unit of local government for a

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1		violation of a participating unit of local government's
2		ordinance, and may be collected in accordance with applicable
3		law.
4		(b) After expiration of the period in which judicial review
5		under the Illinois Administrative Review Law may be sought for
6		a final determination of a code violation, unless stayed by a
7		court of competent jurisdiction, the findings, decision, and
8		order of the hearing officer may be enforced in the same manner
9		as a judgment entered by a court of competent jurisdiction.
10		(c) In any case in which a defendant has failed to comply
11		with a judgment ordering a defendant to correct a code
12		violation or imposing any fine or other sanction as a result of
13		a code violation, any expenses incurred by a county for a
14		violation of a county ordinance, or the participating unit of
15		local government for a violation of a participating unit of
16		local government's ordinance, to enforce the judgment,
17		including, but not limited to, attorney's fees, court costs,
18		and costs related to property demolition or foreclosure, after
19		they are fixed by a court of competent jurisdiction or a
20		hearing officer, shall be a debt due and owing the county for a
21		violation of a county ordinance, or the participating unit of
22		local government for a violation of a participating unit of
23		local government's ordinance, and the findings, decision, and
24		order of the hearing officer may be enforced in the same manner
25		as a judgment entered by a court. Prior to any expenses being
26		fixed by a hearing officer pursuant to this subsection (c), the

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1		county for a violation of a county ordinance, or the
2		participating unit of local government for a violation of a
3		participating unit of local government's ordinance, shall
4		provide notice to the defendant that states that the defendant
5		shall appear at a hearing before the administrative hearing
6		officer to determine whether the defendant has failed to comply
7		with the judgment. The notice shall set the date for the
8		hearing, which shall not be less than 7 days after the date
9		that notice is served. If notice is served by mail, the 7-day
10		period shall begin to run on the date that the notice was
11		deposited in the mail.
12		(c-5) A default in the payment of a fine or penalty or any
13		installment of a fine or penalty may be collected by any means
14		authorized for the collection of monetary judgments. The
15		state's attorney of the county in which the fine or penalty was
16		imposed may retain attorneys and private collection agents for
17		the purpose of collecting any default in payment of any fine or
18		penalty or installment of that fine or penalty. Any fees or
19		costs incurred by the county or participating unit of local
20		government with respect to attorneys or private collection
21		agents retained by the state's attorney under this Section
22		shall be charged to the offender.
23		(d) Upon being recorded in the manner required by Article
24		XII of the Code of Civil Procedure or by the Uniform Commercial
25		Code, a lien shall be imposed on the real estate or personal
26		estate, or both, of the defendant in the amount of any debt due

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1		and owing the county for a violation of a county ordinance, or
2		the participating unit of local government for a violation of a
3		participating unit of local government's ordinance, under this
4		Section. The lien may be enforced in the same manner as a
5		judgment lien pursuant to a judgment of a court of competent
6		jurisdiction.
7		(e) A hearing officer may set aside any judgment entered by
8		default and set a new hearing date, upon a petition filed
9		within 21 days after the issuance of the order of default, if
10		the hearing officer determines that the petitioner's failure to
11		appear at the hearing was for good cause or at any time if the
12		petitioner establishes that the county for a violation of a
13		county ordinance, or the participating unit of local government
14		for a violation of a participating unit of local government's
15		ordinance, did not provide proper service of process. If any
16		judgment is set aside pursuant to this subsection (e), the
17		hearing officer shall have authority to enter an order
18		extinguishing any lien that has been recorded for any debt due
19		and owing the county for a violation of a county ordinance, or
20		the participating unit of local government for a violation of a
21		participating unit of local government's ordinance, as a result
22		of the vacated default judgment.
23		(Source: P.A. 99-18, eff. 1-1-16; 99-739, eff. 1-1-17; 99-754,
24		eff. 1-1-17; revised 9-21-16.)
25		Section 280. The Illinois Municipal Code is amended by

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1		changing Sections 3.1-50-15, 8-11-1.8, 8-11-2, 11-6-10,
2		11-74.4-3, 11-74.4-3.5, 11-74.4-6, 11-74.4-8a, and 11-102-2 as
3		follows:
4		(65 ILCS 5/3.1-50-15) (from Ch. 24, par. 3.1-50-15)
5		Sec. 3.1-50-15. Compensation of members of corporate
6		authorities.
7		(a) The ordinance fixing compensation for members of the
8		corporate authorities shall specify whether those members are
9		to be compensated (i) at an annual rate or, (ii) for each
10		meeting of the corporate authorities actually attended if
11		public notice of the meeting was given.
12		(b) Each member of the corporate authorities may receive
13		reimbursement from the municipality for expenses incurred by
14		the member in attending committee meetings of the corporate
15		authorities or for other expenses incurred by the member in the
16		course of performing official duties.
17		(Source: P.A. 91-208, eff. 1-1-00; revised 9-20-16.)
18		(65 ILCS 5/8-11-1.8)
19		Sec. 8-11-1.8. Non-home rule municipal tax rescission
20		recision. Whenever the corporate authorities of a non-home rule
21		municipality with a population of more than 20,000 but less
22		than 25,000 have imposed a municipal retailers occupation tax
23		under Sec. 8-11-1.6 and a municipal service occupation tax
24		under Section 8-11-1.7, the question of discontinuing the tax

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1		imposed under those Sections shall be submitted to the voters
2		of the municipality at the next regularly scheduled election in
3		accordance with the general election law upon a petition signed
4		by not fewer than 10% of the registered voters in the
5		municipality. The petition shall be filed with the clerk, of
6		the municipality within one year of the passage of the
7		ordinance imposing the tax; provided, the petition shall be
8		filed not less than 60 days prior to the election at which the
9		question is to be submitted to the voters of the municipality,
10		and its validity shall be determined as provided by the general
11		election law. The municipal clerk shall certify the question to
12		the proper election officials, who shall submit the question to
13		the voters.
14		Notice shall be given in the manner provided for in the
15		general election law.
16		Referenda initiated under this Section shall be subject to
17		the provisions and limitations of the general election law.
18		The proposition shall be in substantially the following
19		form:
20		Shall the additional Municipal Service Occupation Tax
21		and Municipal Retailers' Occupation Tax imposed within the
22		municipal limits of (name of municipality) by Ordinance No.
23		(state number) adopted on (date of adoption) be
24		discontinued?
25		The votes shall be recorded as "Yes" or "No".
26		If a majority of all ballots cast on the proposition shall

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1		be in favor of discontinuing the tax, within one month after
2		approval of the referendum discontinuing the tax the corporate
3		authorities shall certify the results of the referenda to the
4		Department of Revenue and shall also file with the Department a
5		certified copy of an ordinance discontinuing the tax.
6		Thereupon, the Department shall discontinue collection of tax
7		as of the first day of January next following the referendum.
8		Except as herein otherwise provided, the referenda
9		authorized by the terms of this Section shall be conducted in
10		all respects in the manner provided by the general election
11		law.
12		This Section shall apply only to taxes that have been
13		previously imposed under the provisions of Sections 8-11-1.6
14		and 8-11-1.7.
15		(Source: P.A. 88-334; 89-399, eff. 8-20-95; revised 9-20-16.)
16		(65 ILCS 5/8-11-2) (from Ch. 24, par. 8-11-2)
17		Sec. 8-11-2. The corporate authorities of any municipality
18		may tax any or all of the following occupations or privileges:
19		1. (Blank).
20		2. Persons engaged in the business of distributing,
21		supplying, furnishing, or selling gas for use or
22		consumption within the corporate limits of a municipality
23		of 500,000 or fewer population, and not for resale, at a
24		rate not to exceed 5% of the gross receipts therefrom.
25		2a. Persons engaged in the business of distributing,

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1		supplying, furnishing, or selling gas for use or
2		consumption within the corporate limits of a municipality
3		of over 500,000 population, and not for resale, at a rate
4		not to exceed 8% of the gross receipts therefrom. If
5		imposed, this tax shall be paid in monthly payments.
6		3. The privilege of using or consuming electricity
7		acquired in a purchase at retail and used or consumed
8		within the corporate limits of the municipality at rates
9		not to exceed the following maximum rates, calculated on a
10		monthly basis for each purchaser:
11		(i) For the first 2,000 kilowatt-hours used or
12		consumed in a month; 0.61 cents per kilowatt-hour;
13		(ii) For the next 48,000 kilowatt-hours used or
14		consumed in a month; 0.40 cents per kilowatt-hour;
15		(iii) For the next 50,000 kilowatt-hours used or
16		consumed in a month; 0.36 cents per kilowatt-hour;
17		(iv) For the next 400,000 kilowatt-hours used or
18		consumed in a month; 0.35 cents per kilowatt-hour;
19		(v) For the next 500,000 kilowatt-hours used or
20		consumed in a month; 0.34 cents per kilowatt-hour;
21		(vi) For the next 2,000,000 kilowatt-hours used or
22		consumed in a month; 0.32 cents per kilowatt-hour;
23		(vii) For the next 2,000,000 kilowatt-hours used
24		or consumed in a month; 0.315 cents per kilowatt-hour;
25		(viii) For the next 5,000,000 kilowatt-hours used
26		or consumed in a month; 0.31 cents per kilowatt-hour;

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1		(ix) For the next 10,000,000 kilowatt-hours used
2		or consumed in a month; 0.305 cents per kilowatt-hour;
3		and
4		(x) For all electricity used or consumed in excess
5		of 20,000,000 kilowatt-hours in a month, 0.30 cents per
6		kilowatt-hour.
7		If a municipality imposes a tax at rates lower than
8		either the maximum rates specified in this Section or the
9		alternative maximum rates promulgated by the Illinois
10		Commerce Commission, as provided below, the tax rates shall
11		be imposed upon the kilowatt hour categories set forth
12		above with the same proportional relationship as that which
13		exists among such maximum rates. Notwithstanding the
14		foregoing, until December 31, 2008, no municipality shall
15		establish rates that are in excess of rates reasonably
16		calculated to produce revenues that equal the maximum total
17		revenues such municipality could have received under the
18		tax authorized by this subparagraph in the last full
19		calendar year prior to August 1, 1998 (the effective date
20		of Section 65 of Public Act 90-561) this amendatory Act of
21		1997; provided that this shall not be a limitation on the
22		amount of tax revenues actually collected by such
23		municipality.
24		Upon the request of the corporate authorities of a
25		municipality, the Illinois Commerce Commission shall,
26		within 90 days after receipt of such request, promulgate

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1		alternative rates for each of these kilowatt-hour
2		categories that will reflect, as closely as reasonably
3		practical for that municipality, the distribution of the
4		tax among classes of purchasers as if the tax were based on
5		a uniform percentage of the purchase price of electricity.
6		A municipality that has adopted an ordinance imposing a tax
7		pursuant to subparagraph 3 as it existed prior to August 1,
8		1998 (the effective date of Section 65 of Public Act
9		90-561) this amendatory Act of 1997 may, rather than
10		imposing the tax permitted by Public Act 90-561 this
11		amendatory Act of 1997, continue to impose the tax pursuant
12		to that ordinance with respect to gross receipts received
13		from residential customers through July 31, 1999, and with
14		respect to gross receipts from any non-residential
15		customer until the first bill issued to such customer for
16		delivery services in accordance with Section 16-104 of the
17		Public Utilities Act but in no case later than the last
18		bill issued to such customer before December 31, 2000. No
19		ordinance imposing the tax permitted by Public Act 90-561
20		this amendatory Act of 1997 shall be applicable to any
21		non-residential customer until the first bill issued to
22		such customer for delivery services in accordance with
23		Section 16-104 of the Public Utilities Act but in no case
24		later than the last bill issued to such non-residential
25		customer before December 31, 2000.
26		4. Persons engaged in the business of distributing,

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1		supplying, furnishing, or selling water for use or
2		consumption within the corporate limits of the
3		municipality, and not for resale, at a rate not to exceed
4		5% of the gross receipts therefrom.
5		None of the taxes authorized by this Section may be imposed
6		with respect to any transaction in interstate commerce or
7		otherwise to the extent to which the business or privilege may
8		not, under the constitution and statutes of the United States,
9		be made the subject of taxation by this State or any political
10		sub-division thereof; nor shall any persons engaged in the
11		business of distributing, supplying, furnishing, selling or
12		transmitting gas, water, or electricity, or using or consuming
13		electricity acquired in a purchase at retail, be subject to
14		taxation under the provisions of this Section for those
15		transactions that are or may become subject to taxation under
16		the provisions of the "Municipal Retailers' Occupation Tax Act"
17		authorized by Section 8-11-1; nor shall any tax authorized by
18		this Section be imposed upon any person engaged in a business
19		or on any privilege unless the tax is imposed in like manner
20		and at the same rate upon all persons engaged in businesses of
21		the same class in the municipality, whether privately or
22		municipally owned or operated, or exercising the same privilege
23		within the municipality.
24		Any of the taxes enumerated in this Section may be in
25		addition to the payment of money, or value of products or
26		services furnished to the municipality by the taxpayer as

HB3855 Engrossed - 391 - LRB100 05985 AMC 16014 b
1		compensation for the use of its streets, alleys, or other
2		public places, or installation and maintenance therein,
3		thereon or thereunder of poles, wires, pipes, or other
4		equipment used in the operation of the taxpayer's business.
5		(a) If the corporate authorities of any home rule
6		municipality have adopted an ordinance that imposed a tax on
7		public utility customers, between July 1, 1971, and October 1,
8		1981, on the good faith belief that they were exercising
9		authority pursuant to Section 6 of Article VII of the 1970
10		Illinois Constitution, that action of the corporate
11		authorities shall be declared legal and valid, notwithstanding
12		a later decision of a judicial tribunal declaring the ordinance
13		invalid. No municipality shall be required to rebate, refund,
14		or issue credits for any taxes described in this paragraph, and
15		those taxes shall be deemed to have been levied and collected
16		in accordance with the Constitution and laws of this State.
17		(b) In any case in which (i) prior to October 19, 1979, the
18		corporate authorities of any municipality have adopted an
19		ordinance imposing a tax authorized by this Section (or by the
20		predecessor provision of the "Revised Cities and Villages Act")
21		and have explicitly or in practice interpreted gross receipts
22		to include either charges added to customers' bills pursuant to
23		the provision of paragraph (a) of Section 36 of the Public
24		Utilities Act or charges added to customers' bills by taxpayers
25		who are not subject to rate regulation by the Illinois Commerce
26		Commission for the purpose of recovering any of the tax

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1		liabilities or other amounts specified in such paragraph (a) of
2		Section 36 of that Act, and (ii) on or after October 19, 1979,
3		a judicial tribunal has construed gross receipts to exclude all
4		or part of those charges, then neither that those municipality
5		nor any taxpayer who paid the tax shall be required to rebate,
6		refund, or issue credits for any tax imposed or charge
7		collected from customers pursuant to the municipality's
8		interpretation prior to October 19, 1979. This paragraph
9		reflects a legislative finding that it would be contrary to the
10		public interest to require a municipality or its taxpayers to
11		refund taxes or charges attributable to the municipality's more
12		inclusive interpretation of gross receipts prior to October 19,
13		1979, and is not intended to prescribe or limit judicial
14		construction of this Section. The legislative finding set forth
15		in this subsection does not apply to taxes imposed after
16		January 1, 1996 (the effective date of Public Act 89-325) this
17		amendatory Act of 1995.
18		(c) The tax authorized by subparagraph 3 shall be collected
19		from the purchaser by the person maintaining a place of
20		business in this State who delivers the electricity to the
21		purchaser. This tax shall constitute a debt of the purchaser to
22		the person who delivers the electricity to the purchaser and if
23		unpaid, is recoverable in the same manner as the original
24		charge for delivering the electricity. Any tax required to be
25		collected pursuant to an ordinance authorized by subparagraph 3
26		and any such tax collected by a person delivering electricity

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1		shall constitute a debt owed to the municipality by such person
2		delivering the electricity, provided, that the person
3		delivering electricity shall be allowed credit for such tax
4		related to deliveries of electricity the charges for which are
5		written off as uncollectible, and provided further, that if
6		such charges are thereafter collected, the delivering supplier
7		shall be obligated to remit such tax. For purposes of this
8		subsection (c), any partial payment not specifically
9		identified by the purchaser shall be deemed to be for the
10		delivery of electricity. Persons delivering electricity shall
11		collect the tax from the purchaser by adding such tax to the
12		gross charge for delivering the electricity, in the manner
13		prescribed by the municipality. Persons delivering electricity
14		shall also be authorized to add to such gross charge an amount
15		equal to 3% of the tax to reimburse the person delivering
16		electricity for the expenses incurred in keeping records,
17		billing customers, preparing and filing returns, remitting the
18		tax and supplying data to the municipality upon request. If the
19		person delivering electricity fails to collect the tax from the
20		purchaser, then the purchaser shall be required to pay the tax
21		directly to the municipality in the manner prescribed by the
22		municipality. Persons delivering electricity who file returns
23		pursuant to this paragraph (c) shall, at the time of filing
24		such return, pay the municipality the amount of the tax
25		collected pursuant to subparagraph 3.
26		(d) For the purpose of the taxes enumerated in this

HB3855 Engrossed - 394 - LRB100 05985 AMC 16014 b
1		Section:
2		"Gross receipts" means the consideration received for
3		distributing, supplying, furnishing or selling gas for use or
4		consumption and not for resale, and the consideration received
5		for distributing, supplying, furnishing or selling water for
6		use or consumption and not for resale, and for all services
7		rendered in connection therewith valued in money, whether
8		received in money or otherwise, including cash, credit,
9		services and property of every kind and material and for all
10		services rendered therewith, and shall be determined without
11		any deduction on account of the cost of the service, product or
12		commodity supplied, the cost of materials used, labor or
13		service cost, or any other expenses whatsoever. "Gross
14		receipts" shall not include that portion of the consideration
15		received for distributing, supplying, furnishing, or selling
16		gas or water to business enterprises described in paragraph (e)
17		of this Section to the extent and during the period in which
18		the exemption authorized by paragraph (e) is in effect or for
19		school districts or units of local government described in
20		paragraph (f) during the period in which the exemption
21		authorized in paragraph (f) is in effect.
22		For utility bills issued on or after May 1, 1996, but
23		before May 1, 1997, and for receipts from those utility bills,
24		"gross receipts" does not include one-third of (i) amounts
25		added to customers' bills under Section 9-222 of the Public
26		Utilities Act, or (ii) amounts added to customers' bills by

HB3855 Engrossed - 395 - LRB100 05985 AMC 16014 b
1		taxpayers who are not subject to rate regulation by the
2		Illinois Commerce Commission for the purpose of recovering any
3		of the tax liabilities described in Section 9-222 of the Public
4		Utilities Act. For utility bills issued on or after May 1,
5		1997, but before May 1, 1998, and for receipts from those
6		utility bills, "gross receipts" does not include two-thirds of
7		(i) amounts added to customers' bills under Section 9-222 of
8		the Public Utilities Act, or (ii) amount added to customers'
9		bills by taxpayers who are not subject to rate regulation by
10		the Illinois Commerce Commission for the purpose of recovering
11		any of the tax liabilities described in Section 9-222 of the
12		Public Utilities Act. For utility bills issued on or after May
13		1, 1998, and for receipts from those utility bills, "gross
14		receipts" does not include (i) amounts added to customers'
15		bills under Section 9-222 of the Public Utilities Act, or (ii)
16		amounts added to customers' bills by taxpayers who are not
17		subject to rate regulation by the Illinois Commerce Commission
18		for the purpose of recovering any of the tax liabilities
19		described in Section 9-222 of the Public Utilities Act.
20		For purposes of this Section "gross receipts" shall not
21		include amounts added to customers' bills under Section 9-221
22		of the Public Utilities Act. This paragraph is not intended to
23		nor does it make any change in the meaning of "gross receipts"
24		for the purposes of this Section, but is intended to remove
25		possible ambiguities, thereby confirming the existing meaning
26		of "gross receipts" prior to January 1, 1996 (the effective

HB3855 Engrossed - 396 - LRB100 05985 AMC 16014 b
1		date of Public Act 89-325) this amendatory Act of 1995.
2		"Person" as used in this Section means any natural
3		individual, firm, trust, estate, partnership, association,
4		joint stock company, joint adventure, corporation, limited
5		liability company, municipal corporation, the State or any of
6		its political subdivisions, any State university created by
7		statute, or a receiver, trustee, guardian or other
8		representative appointed by order of any court.
9		"Person maintaining a place of business in this State"
10		shall mean any person having or maintaining within this State,
11		directly or by a subsidiary or other affiliate, an office,
12		generation facility, distribution facility, transmission
13		facility, sales office or other place of business, or any
14		employee, agent, or other representative operating within this
15		State under the authority of the person or its subsidiary or
16		other affiliate, irrespective of whether such place of business
17		or agent or other representative is located in this State
18		permanently or temporarily, or whether such person, subsidiary
19		or other affiliate is licensed or qualified to do business in
20		this State.
21		"Public utility" shall have the meaning ascribed to it in
22		Section 3-105 of the Public Utilities Act and shall include
23		alternative retail electric suppliers as defined in Section
24		16-102 of that Act.
25		"Purchase at retail" shall mean any acquisition of
26		electricity by a purchaser for purposes of use or consumption,

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1		and not for resale, but shall not include the use of
2		electricity by a public utility directly in the generation,
3		production, transmission, delivery or sale of electricity.
4		"Purchaser" shall mean any person who uses or consumes,
5		within the corporate limits of the municipality, electricity
6		acquired in a purchase at retail.
7		(e) Any municipality that imposes taxes upon public
8		utilities or upon the privilege of using or consuming
9		electricity pursuant to this Section whose territory includes
10		any part of an enterprise zone or federally designated Foreign
11		Trade Zone or Sub-Zone may, by a majority vote of its corporate
12		authorities, exempt from those taxes for a period not exceeding
13		20 years any specified percentage of gross receipts of public
14		utilities received from, or electricity used or consumed by,
15		business enterprises that:
16		(1) either (i) make investments that cause the creation
17		of a minimum of 200 full-time equivalent jobs in Illinois,
18		(ii) make investments of at least $175,000,000 that cause
19		the creation of a minimum of 150 full-time equivalent jobs
20		in Illinois, or (iii) make investments that cause the
21		retention of a minimum of 1,000 full-time jobs in Illinois;
22		and
23		(2) are either (i) located in an Enterprise Zone
24		established pursuant to the Illinois Enterprise Zone Act or
25		(ii) Department of Commerce and Economic Opportunity
26		designated High Impact Businesses located in a federally

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1		designated Foreign Trade Zone or Sub-Zone; and
2		(3) are certified by the Department of Commerce and
3		Economic Opportunity as complying with the requirements
4		specified in clauses (1) and (2) of this paragraph (e).
5		Upon adoption of the ordinance authorizing the exemption,
6		the municipal clerk shall transmit a copy of that ordinance to
7		the Department of Commerce and Economic Opportunity. The
8		Department of Commerce and Economic Opportunity shall
9		determine whether the business enterprises located in the
10		municipality meet the criteria prescribed in this paragraph. If
11		the Department of Commerce and Economic Opportunity determines
12		that the business enterprises meet the criteria, it shall grant
13		certification. The Department of Commerce and Economic
14		Opportunity shall act upon certification requests within 30
15		days after receipt of the ordinance.
16		Upon certification of the business enterprise by the
17		Department of Commerce and Economic Opportunity, the
18		Department of Commerce and Economic Opportunity shall notify
19		the Department of Revenue of the certification. The Department
20		of Revenue shall notify the public utilities of the exemption
21		status of the gross receipts received from, and the electricity
22		used or consumed by, the certified business enterprises. Such
23		exemption status shall be effective within 3 months after
24		certification.
25		(f) A municipality that imposes taxes upon public utilities
26		or upon the privilege of using or consuming electricity under

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1		this Section and whose territory includes part of another unit
2		of local government or a school district may by ordinance
3		exempt the other unit of local government or school district
4		from those taxes.
5		(g) The amendment of this Section by Public Act 84-127
6		shall take precedence over any other amendment of this Section
7		by any other amendatory Act passed by the 84th General Assembly
8		before August 1, 1985 (the effective date of Public Act
9		84-127).
10		(h) In any case in which, before July 1, 1992, a person
11		engaged in the business of transmitting messages through the
12		use of mobile equipment, such as cellular phones and paging
13		systems, has determined the municipality within which the gross
14		receipts from the business originated by reference to the
15		location of its transmitting or switching equipment, then (i)
16		neither the municipality to which tax was paid on that basis
17		nor the taxpayer that paid tax on that basis shall be required
18		to rebate, refund, or issue credits for any such tax or charge
19		collected from customers to reimburse the taxpayer for the tax
20		and (ii) no municipality to which tax would have been paid with
21		respect to those gross receipts if the provisions of Public Act
22		87-773 this amendatory Act of 1991 had been in effect before
23		July 1, 1992, shall have any claim against the taxpayer for any
24		amount of the tax.
25		(Source: P.A. 94-793, eff. 5-19-06; revised 9-21-16.)

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1		(65 ILCS 5/11-6-10)
2		Sec. 11-6-10. Reimbursement of volunteer fire protection
3		assistance.
4		(a) Municipalities may fix, charge, and collect fees not
5		exceeding the reasonable cost of the service for all services
6		rendered by a volunteer municipal fire department or a
7		volunteer firefighter of any municipal fire department for
8		persons, businesses, and other entities who are not residents
9		of the municipality.
10		(b) The charge for any fees under subsection (a) shall be
11		computed at a rate not to exceed $250 per hour and not to
12		exceed $70 per hour per firefighter responding to a call for
13		assistance. An additional charge may be levied to reimburse the
14		district for extraordinary expenses of materials used in
15		rendering such services. No charge shall be made for services
16		for which the total amount would be less than $50.
17		(c) All revenue from the fees assessed pursuant to this
18		Section shall be deposited into to the general fund of the
19		municipality.
20		(d) Nothing in this Section shall allow a fee to be fixed,
21		charged, or collected that is not allowed under any contract
22		that a fire department has entered into with another entity,
23		including, but not limited to, a fire protection district.
24		(Source: P.A. 99-770, eff. 8-12-16; revised 10-31-16.)
25		(65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)

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1		Sec. 11-74.4-3. Definitions. The following terms, wherever
2		used or referred to in this Division 74.4 shall have the
3		following respective meanings, unless in any case a different
4		meaning clearly appears from the context.
5		(a) For any redevelopment project area that has been
6		designated pursuant to this Section by an ordinance adopted
7		prior to November 1, 1999 (the effective date of Public Act
8		91-478), "blighted area" shall have the meaning set forth in
9		this Section prior to that date.
10		On and after November 1, 1999, "blighted area" means any
11		improved or vacant area within the boundaries of a
12		redevelopment project area located within the territorial
13		limits of the municipality where:
14		(1) If improved, industrial, commercial, and
15		residential buildings or improvements are detrimental to
16		the public safety, health, or welfare because of a
17		combination of 5 or more of the following factors, each of
18		which is (i) present, with that presence documented, to a
19		meaningful extent so that a municipality may reasonably
20		find that the factor is clearly present within the intent
21		of the Act and (ii) reasonably distributed throughout the
22		improved part of the redevelopment project area:
23		(A) Dilapidation. An advanced state of disrepair
24		or neglect of necessary repairs to the primary
25		structural components of buildings or improvements in
26		such a combination that a documented building

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1		condition analysis determines that major repair is
2		required or the defects are so serious and so extensive
3		that the buildings must be removed.
4		(B) Obsolescence. The condition or process of
5		falling into disuse. Structures have become ill-suited
6		for the original use.
7		(C) Deterioration. With respect to buildings,
8		defects including, but not limited to, major defects in
9		the secondary building components such as doors,
10		windows, porches, gutters and downspouts, and fascia.
11		With respect to surface improvements, that the
12		condition of roadways, alleys, curbs, gutters,
13		sidewalks, off-street parking, and surface storage
14		areas evidence deterioration, including, but not
15		limited to, surface cracking, crumbling, potholes,
16		depressions, loose paving material, and weeds
17		protruding through paved surfaces.
18		(D) Presence of structures below minimum code
19		standards. All structures that do not meet the
20		standards of zoning, subdivision, building, fire, and
21		other governmental codes applicable to property, but
22		not including housing and property maintenance codes.
23		(E) Illegal use of individual structures. The use
24		of structures in violation of applicable federal,
25		State, or local laws, exclusive of those applicable to
26		the presence of structures below minimum code

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1		standards.
2		(F) Excessive vacancies. The presence of buildings
3		that are unoccupied or under-utilized and that
4		represent an adverse influence on the area because of
5		the frequency, extent, or duration of the vacancies.
6		(G) Lack of ventilation, light, or sanitary
7		facilities. The absence of adequate ventilation for
8		light or air circulation in spaces or rooms without
9		windows, or that require the removal of dust, odor,
10		gas, smoke, or other noxious airborne materials.
11		Inadequate natural light and ventilation means the
12		absence of skylights or windows for interior spaces or
13		rooms and improper window sizes and amounts by room
14		area to window area ratios. Inadequate sanitary
15		facilities refers to the absence or inadequacy of
16		garbage storage and enclosure, bathroom facilities,
17		hot water and kitchens, and structural inadequacies
18		preventing ingress and egress to and from all rooms and
19		units within a building.
20		(H) Inadequate utilities. Underground and overhead
21		utilities such as storm sewers and storm drainage,
22		sanitary sewers, water lines, and gas, telephone, and
23		electrical services that are shown to be inadequate.
24		Inadequate utilities are those that are: (i) of
25		insufficient capacity to serve the uses in the
26		redevelopment project area, (ii) deteriorated,

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1		antiquated, obsolete, or in disrepair, or (iii)
2		lacking within the redevelopment project area.
3		(I) Excessive land coverage and overcrowding of
4		structures and community facilities. The
5		over-intensive use of property and the crowding of
6		buildings and accessory facilities onto a site.
7		Examples of problem conditions warranting the
8		designation of an area as one exhibiting excessive land
9		coverage are: (i) the presence of buildings either
10		improperly situated on parcels or located on parcels of
11		inadequate size and shape in relation to present-day
12		standards of development for health and safety and (ii)
13		the presence of multiple buildings on a single parcel.
14		For there to be a finding of excessive land coverage,
15		these parcels must exhibit one or more of the following
16		conditions: insufficient provision for light and air
17		within or around buildings, increased threat of spread
18		of fire due to the close proximity of buildings, lack
19		of adequate or proper access to a public right-of-way,
20		lack of reasonably required off-street parking, or
21		inadequate provision for loading and service.
22		(J) Deleterious land use or layout. The existence
23		of incompatible land-use relationships, buildings
24		occupied by inappropriate mixed-uses, or uses
25		considered to be noxious, offensive, or unsuitable for
26		the surrounding area.

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

HB3855 Engrossed - 406 - LRB100 05985 AMC 16014 b
1		proposed redevelopment project area has declined for 3
2		of the last 5 calendar years prior to the year in which
3		the redevelopment project area is designated or is
4		increasing at an annual rate that is less than the
5		balance of the municipality for 3 of the last 5
6		calendar years for which information is available or is
7		increasing at an annual rate that is less than the
8		Consumer Price Index for All Urban Consumers published
9		by the United States Department of Labor or successor
10		agency for 3 of the last 5 calendar years prior to the
11		year in which the redevelopment project area is
12		designated.
13		(2) If vacant, the sound growth of the redevelopment
14		project area is impaired by a combination of 2 or more of
15		the following factors, each of which is (i) present, with
16		that presence documented, to a meaningful extent so that a
17		municipality may reasonably find that the factor is clearly
18		present within the intent of the Act and (ii) reasonably
19		distributed throughout the vacant part of the
20		redevelopment project area to which it pertains:
21		(A) Obsolete platting of vacant land that results
22		in parcels of limited or narrow size or configurations
23		of parcels of irregular size or shape that would be
24		difficult to develop on a planned basis and in a manner
25		compatible with contemporary standards and
26		requirements, or platting that failed to create

HB3855 Engrossed - 407 - LRB100 05985 AMC 16014 b
1		rights-of-ways for streets or alleys or that created
2		inadequate right-of-way widths for streets, alleys, or
3		other public rights-of-way or that omitted easements
4		for public utilities.
5		(B) Diversity of ownership of parcels of vacant
6		land sufficient in number to retard or impede the
7		ability to assemble the land for development.
8		(C) Tax and special assessment delinquencies exist
9		or the property has been the subject of tax sales under
10		the Property Tax Code within the last 5 years.
11		(D) Deterioration of structures or site
12		improvements in neighboring areas adjacent to the
13		vacant land.
14		(E) The area has incurred Illinois Environmental
15		Protection Agency or United States Environmental
16		Protection Agency remediation costs for, or a study
17		conducted by an independent consultant recognized as
18		having expertise in environmental remediation has
19		determined a need for, the clean-up of hazardous waste,
20		hazardous substances, or underground storage tanks
21		required by State or federal law, provided that the
22		remediation costs constitute a material impediment to
23		the development or redevelopment of the redevelopment
24		project area.
25		(F) The total equalized assessed value of the
26		proposed redevelopment project area has declined for 3

HB3855 Engrossed - 408 - LRB100 05985 AMC 16014 b
1		of the last 5 calendar years prior to the year in which
2		the redevelopment project area is designated or is
3		increasing at an annual rate that is less than the
4		balance of the municipality for 3 of the last 5
5		calendar years for which information is available or is
6		increasing at an annual rate that is less than the
7		Consumer Price Index for All Urban Consumers published
8		by the United States Department of Labor or successor
9		agency for 3 of the last 5 calendar years prior to the
10		year in which the redevelopment project area is
11		designated.
12		(3) If vacant, the sound growth of the redevelopment
13		project area is impaired by one of the following factors
14		that (i) is present, with that presence documented, to a
15		meaningful extent so that a municipality may reasonably
16		find that the factor is clearly present within the intent
17		of the Act and (ii) is reasonably distributed throughout
18		the vacant part of the redevelopment project area to which
19		it pertains:
20		(A) The area consists of one or more unused
21		quarries, mines, or strip mine ponds.
22		(B) The area consists of unused rail yards, rail
23		tracks, or railroad rights-of-way.
24		(C) The area, prior to its designation, is subject
25		to (i) chronic flooding that adversely impacts on real
26		property in the area as certified by a registered

HB3855 Engrossed - 409 - LRB100 05985 AMC 16014 b
1		professional engineer or appropriate regulatory agency
2		or (ii) surface water that discharges from all or a
3		part of the area and contributes to flooding within the
4		same watershed, but only if the redevelopment project
5		provides for facilities or improvements to contribute
6		to the alleviation of all or part of the flooding.
7		(D) The area consists of an unused or illegal
8		disposal site containing earth, stone, building
9		debris, or similar materials that were removed from
10		construction, demolition, excavation, or dredge sites.
11		(E) Prior to November 1, 1999, the area is not less
12		than 50 nor more than 100 acres and 75% of which is
13		vacant (notwithstanding that the area has been used for
14		commercial agricultural purposes within 5 years prior
15		to the designation of the redevelopment project area),
16		and the area meets at least one of the factors itemized
17		in paragraph (1) of this subsection, the area has been
18		designated as a town or village center by ordinance or
19		comprehensive plan adopted prior to January 1, 1982,
20		and the area has not been developed for that designated
21		purpose.
22		(F) The area qualified as a blighted improved area
23		immediately prior to becoming vacant, unless there has
24		been substantial private investment in the immediately
25		surrounding area.
26		(b) For any redevelopment project area that has been

HB3855 Engrossed - 410 - LRB100 05985 AMC 16014 b
1		designated pursuant to this Section by an ordinance adopted
2		prior to November 1, 1999 (the effective date of Public Act
3		91-478), "conservation area" shall have the meaning set forth
4		in this Section prior to that date.
5		On and after November 1, 1999, "conservation area" means
6		any improved area within the boundaries of a redevelopment
7		project area located within the territorial limits of the
8		municipality in which 50% or more of the structures in the area
9		have an age of 35 years or more. Such an area is not yet a
10		blighted area but because of a combination of 3 or more of the
11		following factors is detrimental to the public safety, health,
12		morals or welfare and such an area may become a blighted area:
13		(1) Dilapidation. An advanced state of disrepair or
14		neglect of necessary repairs to the primary structural
15		components of buildings or improvements in such a
16		combination that a documented building condition analysis
17		determines that major repair is required or the defects are
18		so serious and so extensive that the buildings must be
19		removed.
20		(2) Obsolescence. The condition or process of falling
21		into disuse. Structures have become ill-suited for the
22		original use.
23		(3) Deterioration. With respect to buildings, defects
24		including, but not limited to, major defects in the
25		secondary building components such as doors, windows,
26		porches, gutters and downspouts, and fascia. With respect

HB3855 Engrossed - 411 - LRB100 05985 AMC 16014 b
1		to surface improvements, that the condition of roadways,
2		alleys, curbs, gutters, sidewalks, off-street parking, and
3		surface storage areas evidence deterioration, including,
4		but not limited to, surface cracking, crumbling, potholes,
5		depressions, loose paving material, and weeds protruding
6		through paved surfaces.
7		(4) Presence of structures below minimum code
8		standards. All structures that do not meet the standards of
9		zoning, subdivision, building, fire, and other
10		governmental codes applicable to property, but not
11		including housing and property maintenance codes.
12		(5) Illegal use of individual structures. The use of
13		structures in violation of applicable federal, State, or
14		local laws, exclusive of those applicable to the presence
15		of structures below minimum code standards.
16		(6) Excessive vacancies. The presence of buildings
17		that are unoccupied or under-utilized and that represent an
18		adverse influence on the area because of the frequency,
19		extent, or duration of the vacancies.
20		(7) Lack of ventilation, light, or sanitary
21		facilities. The absence of adequate ventilation for light
22		or air circulation in spaces or rooms without windows, or
23		that require the removal of dust, odor, gas, smoke, or
24		other noxious airborne materials. Inadequate natural light
25		and ventilation means the absence or inadequacy of
26		skylights or windows for interior spaces or rooms and

HB3855 Engrossed - 412 - LRB100 05985 AMC 16014 b
1		improper window sizes and amounts by room area to window
2		area ratios. Inadequate sanitary facilities refers to the
3		absence or inadequacy of garbage storage and enclosure,
4		bathroom facilities, hot water and kitchens, and
5		structural inadequacies preventing ingress and egress to
6		and from all rooms and units within a building.
7		(8) Inadequate utilities. Underground and overhead
8		utilities such as storm sewers and storm drainage, sanitary
9		sewers, water lines, and gas, telephone, and electrical
10		services that are shown to be inadequate. Inadequate
11		utilities are those that are: (i) of insufficient capacity
12		to serve the uses in the redevelopment project area, (ii)
13		deteriorated, antiquated, obsolete, or in disrepair, or
14		(iii) lacking within the redevelopment project area.
15		(9) Excessive land coverage and overcrowding of
16		structures and community facilities. The over-intensive
17		use of property and the crowding of buildings and accessory
18		facilities onto a site. Examples of problem conditions
19		warranting the designation of an area as one exhibiting
20		excessive land coverage are: the presence of buildings
21		either improperly situated on parcels or located on parcels
22		of inadequate size and shape in relation to present-day
23		standards of development for health and safety and the
24		presence of multiple buildings on a single parcel. For
25		there to be a finding of excessive land coverage, these
26		parcels must exhibit one or more of the following

HB3855 Engrossed - 413 - LRB100 05985 AMC 16014 b
1		conditions: insufficient provision for light and air
2		within or around buildings, increased threat of spread of
3		fire due to the close proximity of buildings, lack of
4		adequate or proper access to a public right-of-way, lack of
5		reasonably required off-street parking, or inadequate
6		provision for loading and service.
7		(10) Deleterious land use or layout. The existence of
8		incompatible land-use relationships, buildings occupied by
9		inappropriate mixed-uses, or uses considered to be
10		noxious, offensive, or unsuitable for the surrounding
11		area.
12		(11) Lack of community planning. The proposed
13		redevelopment project area was developed prior to or
14		without the benefit or guidance of a community plan. This
15		means that the development occurred prior to the adoption
16		by the municipality of a comprehensive or other community
17		plan or that the plan was not followed at the time of the
18		area's development. This factor must be documented by
19		evidence of adverse or incompatible land-use
20		relationships, inadequate street layout, improper
21		subdivision, parcels of inadequate shape and size to meet
22		contemporary development standards, or other evidence
23		demonstrating an absence of effective community planning.
24		(12) The area has incurred Illinois Environmental
25		Protection Agency or United States Environmental
26		Protection Agency remediation costs for, or a study

HB3855 Engrossed - 414 - LRB100 05985 AMC 16014 b
1		conducted by an independent consultant recognized as
2		having expertise in environmental remediation has
3		determined a need for, the clean-up of hazardous waste,
4		hazardous substances, or underground storage tanks
5		required by State or federal law, provided that the
6		remediation costs constitute a material impediment to the
7		development or redevelopment of the redevelopment project
8		area.
9		(13) The total equalized assessed value of the proposed
10		redevelopment project area has declined for 3 of the last 5
11		calendar years for which information is available or is
12		increasing at an annual rate that is less than the balance
13		of the municipality for 3 of the last 5 calendar years for
14		which information is available or is increasing at an
15		annual rate that is less than the Consumer Price Index for
16		All Urban Consumers published by the United States
17		Department of Labor or successor agency for 3 of the last 5
18		calendar years for which information is available.
19		(c) "Industrial park" means an area in a blighted or
20		conservation area suitable for use by any manufacturing,
21		industrial, research or transportation enterprise, of
22		facilities to include but not be limited to factories, mills,
23		processing plants, assembly plants, packing plants,
24		fabricating plants, industrial distribution centers,
25		warehouses, repair overhaul or service facilities, freight
26		terminals, research facilities, test facilities or railroad

HB3855 Engrossed - 415 - LRB100 05985 AMC 16014 b
1		facilities.
2		(d) "Industrial park conservation area" means an area
3		within the boundaries of a redevelopment project area located
4		within the territorial limits of a municipality that is a labor
5		surplus municipality or within 1 1/2 miles of the territorial
6		limits of a municipality that is a labor surplus municipality
7		if the area is annexed to the municipality; which area is zoned
8		as industrial no later than at the time the municipality by
9		ordinance designates the redevelopment project area, and which
10		area includes both vacant land suitable for use as an
11		industrial park and a blighted area or conservation area
12		contiguous to such vacant land.
13		(e) "Labor surplus municipality" means a municipality in
14		which, at any time during the 6 months before the municipality
15		by ordinance designates an industrial park conservation area,
16		the unemployment rate was over 6% and was also 100% or more of
17		the national average unemployment rate for that same time as
18		published in the United States Department of Labor Bureau of
19		Labor Statistics publication entitled "The Employment
20		Situation" or its successor publication. For the purpose of
21		this subsection, if unemployment rate statistics for the
22		municipality are not available, the unemployment rate in the
23		municipality shall be deemed to be the same as the unemployment
24		rate in the principal county in which the municipality is
25		located.
26		(f) "Municipality" shall mean a city, village,

HB3855 Engrossed - 416 - LRB100 05985 AMC 16014 b
1		incorporated town, or a township that is located in the
2		unincorporated portion of a county with 3 million or more
3		inhabitants, if the county adopted an ordinance that approved
4		the township's redevelopment plan.
5		(g) "Initial Sales Tax Amounts" means the amount of taxes
6		paid under the Retailers' Occupation Tax Act, Use Tax Act,
7		Service Use Tax Act, the Service Occupation Tax Act, the
8		Municipal Retailers' Occupation Tax Act, and the Municipal
9		Service Occupation Tax Act by retailers and servicemen on
10		transactions at places located in a State Sales Tax Boundary
11		during the calendar year 1985.
12		(g-1) "Revised Initial Sales Tax Amounts" means the amount
13		of taxes paid under the Retailers' Occupation Tax Act, Use Tax
14		Act, Service Use Tax Act, the Service Occupation Tax Act, the
15		Municipal Retailers' Occupation Tax Act, and the Municipal
16		Service Occupation Tax Act by retailers and servicemen on
17		transactions at places located within the State Sales Tax
18		Boundary revised pursuant to Section 11-74.4-8a(9) of this Act.
19		(h) "Municipal Sales Tax Increment" means an amount equal
20		to the increase in the aggregate amount of taxes paid to a
21		municipality from the Local Government Tax Fund arising from
22		sales by retailers and servicemen within the redevelopment
23		project area or State Sales Tax Boundary, as the case may be,
24		for as long as the redevelopment project area or State Sales
25		Tax Boundary, as the case may be, exist over and above the
26		aggregate amount of taxes as certified by the Illinois

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1		Department of Revenue and paid under the Municipal Retailers'
2		Occupation Tax Act and the Municipal Service Occupation Tax Act
3		by retailers and servicemen, on transactions at places of
4		business located in the redevelopment project area or State
5		Sales Tax Boundary, as the case may be, during the base year
6		which shall be the calendar year immediately prior to the year
7		in which the municipality adopted tax increment allocation
8		financing. For purposes of computing the aggregate amount of
9		such taxes for base years occurring prior to 1985, the
10		Department of Revenue shall determine the Initial Sales Tax
11		Amounts for such taxes and deduct therefrom an amount equal to
12		4% of the aggregate amount of taxes per year for each year the
13		base year is prior to 1985, but not to exceed a total deduction
14		of 12%. The amount so determined shall be known as the
15		"Adjusted Initial Sales Tax Amounts". For purposes of
16		determining the Municipal Sales Tax Increment, the Department
17		of Revenue shall for each period subtract from the amount paid
18		to the municipality from the Local Government Tax Fund arising
19		from sales by retailers and servicemen on transactions located
20		in the redevelopment project area or the State Sales Tax
21		Boundary, as the case may be, the certified Initial Sales Tax
22		Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
23		Initial Sales Tax Amounts for the Municipal Retailers'
24		Occupation Tax Act and the Municipal Service Occupation Tax
25		Act. For the State Fiscal Year 1989, this calculation shall be
26		made by utilizing the calendar year 1987 to determine the tax

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1		amounts received. For the State Fiscal Year 1990, this
2		calculation shall be made by utilizing the period from January
3		1, 1988, until September 30, 1988, to determine the tax amounts
4		received from retailers and servicemen pursuant to the
5		Municipal Retailers' Occupation Tax and the Municipal Service
6		Occupation Tax Act, which shall have deducted therefrom
7		nine-twelfths of the certified Initial Sales Tax Amounts, the
8		Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
9		Tax Amounts as appropriate. For the State Fiscal Year 1991,
10		this calculation shall be made by utilizing the period from
11		October 1, 1988, to June 30, 1989, to determine the tax amounts
12		received from retailers and servicemen pursuant to the
13		Municipal Retailers' Occupation Tax and the Municipal Service
14		Occupation Tax Act which shall have deducted therefrom
15		nine-twelfths of the certified Initial Sales Tax Amounts,
16		Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
17		Tax Amounts as appropriate. For every State Fiscal Year
18		thereafter, the applicable period shall be the 12 months
19		beginning July 1 and ending June 30 to determine the tax
20		amounts received which shall have deducted therefrom the
21		certified Initial Sales Tax Amounts, the Adjusted Initial Sales
22		Tax Amounts or the Revised Initial Sales Tax Amounts, as the
23		case may be.
24		(i) "Net State Sales Tax Increment" means the sum of the
25		following: (a) 80% of the first $100,000 of State Sales Tax
26		Increment annually generated within a State Sales Tax Boundary;

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1		(b) 60% of the amount in excess of $100,000 but not exceeding
2		$500,000 of State Sales Tax Increment annually generated within
3		a State Sales Tax Boundary; and (c) 40% of all amounts in
4		excess of $500,000 of State Sales Tax Increment annually
5		generated within a State Sales Tax Boundary. If, however, a
6		municipality established a tax increment financing district in
7		a county with a population in excess of 3,000,000 before
8		January 1, 1986, and the municipality entered into a contract
9		or issued bonds after January 1, 1986, but before December 31,
10		1986, to finance redevelopment project costs within a State
11		Sales Tax Boundary, then the Net State Sales Tax Increment
12		means, for the fiscal years beginning July 1, 1990, and July 1,
13		1991, 100% of the State Sales Tax Increment annually generated
14		within a State Sales Tax Boundary; and notwithstanding any
15		other provision of this Act, for those fiscal years the
16		Department of Revenue shall distribute to those municipalities
17		100% of their Net State Sales Tax Increment before any
18		distribution to any other municipality and regardless of
19		whether or not those other municipalities will receive 100% of
20		their Net State Sales Tax Increment. For Fiscal Year 1999, and
21		every year thereafter until the year 2007, for any municipality
22		that has not entered into a contract or has not issued bonds
23		prior to June 1, 1988 to finance redevelopment project costs
24		within a State Sales Tax Boundary, the Net State Sales Tax
25		Increment shall be calculated as follows: By multiplying the
26		Net State Sales Tax Increment by 90% in the State Fiscal Year

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1		1999; 80% in the State Fiscal Year 2000; 70% in the State
2		Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the
3		State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%
4		in the State Fiscal Year 2005; 20% in the State Fiscal Year
5		2006; and 10% in the State Fiscal Year 2007. No payment shall
6		be made for State Fiscal Year 2008 and thereafter.
7		Municipalities that issued bonds in connection with a
8		redevelopment project in a redevelopment project area within
9		the State Sales Tax Boundary prior to July 29, 1991, or that
10		entered into contracts in connection with a redevelopment
11		project in a redevelopment project area before June 1, 1988,
12		shall continue to receive their proportional share of the
13		Illinois Tax Increment Fund distribution until the date on
14		which the redevelopment project is completed or terminated. If,
15		however, a municipality that issued bonds in connection with a
16		redevelopment project in a redevelopment project area within
17		the State Sales Tax Boundary prior to July 29, 1991 retires the
18		bonds prior to June 30, 2007 or a municipality that entered
19		into contracts in connection with a redevelopment project in a
20		redevelopment project area before June 1, 1988 completes the
21		contracts prior to June 30, 2007, then so long as the
22		redevelopment project is not completed or is not terminated,
23		the Net State Sales Tax Increment shall be calculated,
24		beginning on the date on which the bonds are retired or the
25		contracts are completed, as follows: By multiplying the Net
26		State Sales Tax Increment by 60% in the State Fiscal Year 2002;

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1		50% in the State Fiscal Year 2003; 40% in the State Fiscal Year
2		2004; 30% in the State Fiscal Year 2005; 20% in the State
3		Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No
4		payment shall be made for State Fiscal Year 2008 and
5		thereafter. Refunding of any bonds issued prior to July 29,
6		1991, shall not alter the Net State Sales Tax Increment.
7		(j) "State Utility Tax Increment Amount" means an amount
8		equal to the aggregate increase in State electric and gas tax
9		charges imposed on owners and tenants, other than residential
10		customers, of properties located within the redevelopment
11		project area under Section 9-222 of the Public Utilities Act,
12		over and above the aggregate of such charges as certified by
13		the Department of Revenue and paid by owners and tenants, other
14		than residential customers, of properties within the
15		redevelopment project area during the base year, which shall be
16		the calendar year immediately prior to the year of the adoption
17		of the ordinance authorizing tax increment allocation
18		financing.
19		(k) "Net State Utility Tax Increment" means the sum of the
20		following: (a) 80% of the first $100,000 of State Utility Tax
21		Increment annually generated by a redevelopment project area;
22		(b) 60% of the amount in excess of $100,000 but not exceeding
23		$500,000 of the State Utility Tax Increment annually generated
24		by a redevelopment project area; and (c) 40% of all amounts in
25		excess of $500,000 of State Utility Tax Increment annually
26		generated by a redevelopment project area. For the State Fiscal

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1		Year 1999, and every year thereafter until the year 2007, for
2		any municipality that has not entered into a contract or has
3		not issued bonds prior to June 1, 1988 to finance redevelopment
4		project costs within a redevelopment project area, the Net
5		State Utility Tax Increment shall be calculated as follows: By
6		multiplying the Net State Utility Tax Increment by 90% in the
7		State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70%
8		in the State Fiscal Year 2001; 60% in the State Fiscal Year
9		2002; 50% in the State Fiscal Year 2003; 40% in the State
10		Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the
11		State Fiscal Year 2006; and 10% in the State Fiscal Year 2007.
12		No payment shall be made for the State Fiscal Year 2008 and
13		thereafter.
14		Municipalities that issue bonds in connection with the
15		redevelopment project during the period from June 1, 1988 until
16		3 years after the effective date of this Amendatory Act of 1988
17		shall receive the Net State Utility Tax Increment, subject to
18		appropriation, for 15 State Fiscal Years after the issuance of
19		such bonds. For the 16th through the 20th State Fiscal Years
20		after issuance of the bonds, the Net State Utility Tax
21		Increment shall be calculated as follows: By multiplying the
22		Net State Utility Tax Increment by 90% in year 16; 80% in year
23		17; 70% in year 18; 60% in year 19; and 50% in year 20.
24		Refunding of any bonds issued prior to June 1, 1988, shall not
25		alter the revised Net State Utility Tax Increment payments set
26		forth above.

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1		(l) "Obligations" mean bonds, loans, debentures, notes,
2		special certificates or other evidence of indebtedness issued
3		by the municipality to carry out a redevelopment project or to
4		refund outstanding obligations.
5		(m) "Payment in lieu of taxes" means those estimated tax
6		revenues from real property in a redevelopment project area
7		derived from real property that has been acquired by a
8		municipality which according to the redevelopment project or
9		plan is to be used for a private use which taxing districts
10		would have received had a municipality not acquired the real
11		property and adopted tax increment allocation financing and
12		which would result from levies made after the time of the
13		adoption of tax increment allocation financing to the time the
14		current equalized value of real property in the redevelopment
15		project area exceeds the total initial equalized value of real
16		property in said area.
17		(n) "Redevelopment plan" means the comprehensive program
18		of the municipality for development or redevelopment intended
19		by the payment of redevelopment project costs to reduce or
20		eliminate those conditions the existence of which qualified the
21		redevelopment project area as a "blighted area" or
22		"conservation area" or combination thereof or "industrial park
23		conservation area," and thereby to enhance the tax bases of the
24		taxing districts which extend into the redevelopment project
25		area, provided that, with respect to redevelopment project
26		areas described in subsections (p-1) and (p-2), "redevelopment

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1		plan" means the comprehensive program of the affected
2		municipality for the development of qualifying transit
3		facilities. On and after November 1, 1999 (the effective date
4		of Public Act 91-478), no redevelopment plan may be approved or
5		amended that includes the development of vacant land (i) with a
6		golf course and related clubhouse and other facilities or (ii)
7		designated by federal, State, county, or municipal government
8		as public land for outdoor recreational activities or for
9		nature preserves and used for that purpose within 5 years prior
10		to the adoption of the redevelopment plan. For the purpose of
11		this subsection, "recreational activities" is limited to mean
12		camping and hunting. Each redevelopment plan shall set forth in
13		writing the program to be undertaken to accomplish the
14		objectives and shall include but not be limited to:
15		(A) an itemized list of estimated redevelopment
16		project costs;
17		(B) evidence indicating that the redevelopment project
18		area on the whole has not been subject to growth and
19		development through investment by private enterprise,
20		provided that such evidence shall not be required for any
21		redevelopment project area located within a transit
22		facility improvement area established pursuant to Section
23		11-74.4-3.3;
24		(C) an assessment of any financial impact of the
25		redevelopment project area on or any increased demand for
26		services from any taxing district affected by the plan and

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1		any program to address such financial impact or increased
2		demand;
3		(D) the sources of funds to pay costs;
4		(E) the nature and term of the obligations to be
5		issued;
6		(F) the most recent equalized assessed valuation of the
7		redevelopment project area;
8		(G) an estimate as to the equalized assessed valuation
9		after redevelopment and the general land uses to apply in
10		the redevelopment project area;
11		(H) a commitment to fair employment practices and an
12		affirmative action plan;
13		(I) if it concerns an industrial park conservation
14		area, the plan shall also include a general description of
15		any proposed developer, user and tenant of any property, a
16		description of the type, structure and general character of
17		the facilities to be developed, a description of the type,
18		class and number of new employees to be employed in the
19		operation of the facilities to be developed; and
20		(J) if property is to be annexed to the municipality,
21		the plan shall include the terms of the annexation
22		agreement.
23		The provisions of items (B) and (C) of this subsection (n)
24		shall not apply to a municipality that before March 14, 1994
25		(the effective date of Public Act 88-537) had fixed, either by
26		its corporate authorities or by a commission designated under

HB3855 Engrossed - 426 - LRB100 05985 AMC 16014 b
1		subsection (k) of Section 11-74.4-4, a time and place for a
2		public hearing as required by subsection (a) of Section
3		11-74.4-5. No redevelopment plan shall be adopted unless a
4		municipality complies with all of the following requirements:
5		(1) The municipality finds that the redevelopment
6		project area on the whole has not been subject to growth
7		and development through investment by private enterprise
8		and would not reasonably be anticipated to be developed
9		without the adoption of the redevelopment plan, provided,
10		however, that such a finding shall not be required with
11		respect to any redevelopment project area located within a
12		transit facility improvement area established pursuant to
13		Section 11-74.4-3.3.
14		(2) The municipality finds that the redevelopment plan
15		and project conform to the comprehensive plan for the
16		development of the municipality as a whole, or, for
17		municipalities with a population of 100,000 or more,
18		regardless of when the redevelopment plan and project was
19		adopted, the redevelopment plan and project either: (i)
20		conforms to the strategic economic development or
21		redevelopment plan issued by the designated planning
22		authority of the municipality, or (ii) includes land uses
23		that have been approved by the planning commission of the
24		municipality.
25		(3) The redevelopment plan establishes the estimated
26		dates of completion of the redevelopment project and

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1		retirement of obligations issued to finance redevelopment
2		project costs. Those dates may not be later than the dates
3		set forth under Section 11-74.4-3.5.
4		A municipality may by municipal ordinance amend an
5		existing redevelopment plan to conform to this paragraph
6		(3) as amended by Public Act 91-478, which municipal
7		ordinance may be adopted without further hearing or notice
8		and without complying with the procedures provided in this
9		Act pertaining to an amendment to or the initial approval
10		of a redevelopment plan and project and designation of a
11		redevelopment project area.
12		(3.5) The municipality finds, in the case of an
13		industrial park conservation area, also that the
14		municipality is a labor surplus municipality and that the
15		implementation of the redevelopment plan will reduce
16		unemployment, create new jobs and by the provision of new
17		facilities enhance the tax base of the taxing districts
18		that extend into the redevelopment project area.
19		(4) If any incremental revenues are being utilized
20		under Section 8(a)(1) or 8(a)(2) of this Act in
21		redevelopment project areas approved by ordinance after
22		January 1, 1986, the municipality finds: (a) that the
23		redevelopment project area would not reasonably be
24		developed without the use of such incremental revenues, and
25		(b) that such incremental revenues will be exclusively
26		utilized for the development of the redevelopment project

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1		area.
2		(5) If: (a) the redevelopment plan will not result in
3		displacement of residents from 10 or more inhabited
4		residential units, and the municipality certifies in the
5		plan that such displacement will not result from the plan;
6		or (b) the redevelopment plan is for a redevelopment
7		project area located within a transit facility improvement
8		area established pursuant to Section 11-74.4-3.3, and the
9		applicable project is subject to the process for evaluation
10		of environmental effects under the National Environmental
11		Policy Act of 1969, 42 U.S.C. § 4321 et seq., then a
12		housing impact study need not be performed. If, however,
13		the redevelopment plan would result in the displacement of
14		residents from 10 or more inhabited residential units, or
15		if the redevelopment project area contains 75 or more
16		inhabited residential units and no certification is made,
17		then the municipality shall prepare, as part of the
18		separate feasibility report required by subsection (a) of
19		Section 11-74.4-5, a housing impact study.
20		Part I of the housing impact study shall include (i)
21		data as to whether the residential units are single family
22		or multi-family units, (ii) the number and type of rooms
23		within the units, if that information is available, (iii)
24		whether the units are inhabited or uninhabited, as
25		determined not less than 45 days before the date that the
26		ordinance or resolution required by subsection (a) of

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

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

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

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1		1/2 acres and in respect to which the municipality has made a
2		finding that there exist conditions which cause the area to be
3		classified as an industrial park conservation area or a
4		blighted area or a conservation area, or a combination of both
5		blighted areas and conservation areas.
6		(p-1) Notwithstanding any provision of this Act to the
7		contrary, on and after August 25, 2009 (the effective date of
8		Public Act 96-680), a redevelopment project area may include
9		areas within a one-half mile radius of an existing or proposed
10		Regional Transportation Authority Suburban Transit Access
11		Route (STAR Line) station without a finding that the area is
12		classified as an industrial park conservation area, a blighted
13		area, a conservation area, or a combination thereof, but only
14		if the municipality receives unanimous consent from the joint
15		review board created to review the proposed redevelopment
16		project area.
17		(p-2) Notwithstanding any provision of this Act to the
18		contrary, on and after the effective date of this amendatory
19		Act of the 99th General Assembly, a redevelopment project area
20		may include areas within a transit facility improvement area
21		that has been established pursuant to Section 11-74.4-3.3
22		without a finding that the area is classified as an industrial
23		park conservation area, a blighted area, a conservation area,
24		or any combination thereof.
25		(q) "Redevelopment project costs", except for
26		redevelopment project areas created pursuant to subsection

HB3855 Engrossed - 433 - LRB100 05985 AMC 16014 b
1		subsections (p-1) or (p-2), means and includes the sum total of
2		all reasonable or necessary costs incurred or estimated to be
3		incurred, and any such costs incidental to a redevelopment plan
4		and a redevelopment project. Such costs include, without
5		limitation, the following:
6		(1) Costs of studies, surveys, development of plans,
7		and specifications, implementation and administration of
8		the redevelopment plan including but not limited to staff
9		and professional service costs for architectural,
10		engineering, legal, financial, planning or other services,
11		provided however that no charges for professional services
12		may be based on a percentage of the tax increment
13		collected; except that on and after November 1, 1999 (the
14		effective date of Public Act 91-478), no contracts for
15		professional services, excluding architectural and
16		engineering services, may be entered into if the terms of
17		the contract extend beyond a period of 3 years. In
18		addition, "redevelopment project costs" shall not include
19		lobbying expenses. After consultation with the
20		municipality, each tax increment consultant or advisor to a
21		municipality that plans to designate or has designated a
22		redevelopment project area shall inform the municipality
23		in writing of any contracts that the consultant or advisor
24		has entered into with entities or individuals that have
25		received, or are receiving, payments financed by tax
26		increment revenues produced by the redevelopment project

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1		area with respect to which the consultant or advisor has
2		performed, or will be performing, service for the
3		municipality. This requirement shall be satisfied by the
4		consultant or advisor before the commencement of services
5		for the municipality and thereafter whenever any other
6		contracts with those individuals or entities are executed
7		by the consultant or advisor;
8		(1.5) After July 1, 1999, annual administrative costs
9		shall not include general overhead or administrative costs
10		of the municipality that would still have been incurred by
11		the municipality if the municipality had not designated a
12		redevelopment project area or approved a redevelopment
13		plan;
14		(1.6) The cost of marketing sites within the
15		redevelopment project area to prospective businesses,
16		developers, and investors;
17		(2) Property assembly costs, including but not limited
18		to acquisition of land and other property, real or
19		personal, or rights or interests therein, demolition of
20		buildings, site preparation, site improvements that serve
21		as an engineered barrier addressing ground level or below
22		ground environmental contamination, including, but not
23		limited to parking lots and other concrete or asphalt
24		barriers, and the clearing and grading of land;
25		(3) Costs of rehabilitation, reconstruction or repair
26		or remodeling of existing public or private buildings,

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1		fixtures, and leasehold improvements; and the cost of
2		replacing an existing public building if pursuant to the
3		implementation of a redevelopment project the existing
4		public building is to be demolished to use the site for
5		private investment or devoted to a different use requiring
6		private investment; including any direct or indirect costs
7		relating to Green Globes or LEED certified construction
8		elements or construction elements with an equivalent
9		certification;
10		(4) Costs of the construction of public works or
11		improvements, including any direct or indirect costs
12		relating to Green Globes or LEED certified construction
13		elements or construction elements with an equivalent
14		certification, except that on and after November 1, 1999,
15		redevelopment project costs shall not include the cost of
16		constructing a new municipal public building principally
17		used to provide offices, storage space, or conference
18		facilities or vehicle storage, maintenance, or repair for
19		administrative, public safety, or public works personnel
20		and that is not intended to replace an existing public
21		building as provided under paragraph (3) of subsection (q)
22		of Section 11-74.4-3 unless either (i) the construction of
23		the new municipal building implements a redevelopment
24		project that was included in a redevelopment plan that was
25		adopted by the municipality prior to November 1, 1999, (ii)
26		the municipality makes a reasonable determination in the

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1		redevelopment plan, supported by information that provides
2		the basis for that determination, that the new municipal
3		building is required to meet an increase in the need for
4		public safety purposes anticipated to result from the
5		implementation of the redevelopment plan, or (iii) the new
6		municipal public building is for the storage, maintenance,
7		or repair of transit vehicles and is located in a transit
8		facility improvement area that has been established
9		pursuant to Section 11-74.4-3.3;
10		(5) Costs of job training and retraining projects,
11		including the cost of "welfare to work" programs
12		implemented by businesses located within the redevelopment
13		project area;
14		(6) Financing costs, including but not limited to all
15		necessary and incidental expenses related to the issuance
16		of obligations and which may include payment of interest on
17		any obligations issued hereunder including interest
18		accruing during the estimated period of construction of any
19		redevelopment project for which such obligations are
20		issued and for not exceeding 36 months thereafter and
21		including reasonable reserves related thereto;
22		(7) To the extent the municipality by written agreement
23		accepts and approves the same, all or a portion of a taxing
24		district's capital costs resulting from the redevelopment
25		project necessarily incurred or to be incurred within a
26		taxing district in furtherance of the objectives of the

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1		redevelopment plan and project; .
2		(7.5) For redevelopment project areas designated (or
3		redevelopment project areas amended to add or increase the
4		number of tax-increment-financing assisted housing units)
5		on or after November 1, 1999, an elementary, secondary, or
6		unit school district's increased costs attributable to
7		assisted housing units located within the redevelopment
8		project area for which the developer or redeveloper
9		receives financial assistance through an agreement with
10		the municipality or because the municipality incurs the
11		cost of necessary infrastructure improvements within the
12		boundaries of the assisted housing sites necessary for the
13		completion of that housing as authorized by this Act, and
14		which costs shall be paid by the municipality from the
15		Special Tax Allocation Fund when the tax increment revenue
16		is received as a result of the assisted housing units and
17		shall be calculated annually as follows:
18		(A) for foundation districts, excluding any school
19		district in a municipality with a population in excess
20		of 1,000,000, by multiplying the district's increase
21		in attendance resulting from the net increase in new
22		students enrolled in that school district who reside in
23		housing units within the redevelopment project area
24		that have received financial assistance through an
25		agreement with the municipality or because the
26		municipality incurs the cost of necessary

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1		infrastructure improvements within the boundaries of
2		the housing sites necessary for the completion of that
3		housing as authorized by this Act since the designation
4		of the redevelopment project area by the most recently
5		available per capita tuition cost as defined in Section
6		10-20.12a of the School Code less any increase in
7		general State aid as defined in Section 18-8.05 of the
8		School Code attributable to these added new students
9		subject to the following annual limitations:
10		(i) for unit school districts with a district
11		average 1995-96 Per Capita Tuition Charge of less
12		than $5,900, no more than 25% of the total amount
13		of property tax increment revenue produced by
14		those housing units that have received tax
15		increment finance assistance under this Act;
16		(ii) for elementary school districts with a
17		district average 1995-96 Per Capita Tuition Charge
18		of less than $5,900, no more than 17% of the total
19		amount of property tax increment revenue produced
20		by those housing units that have received tax
21		increment finance assistance under this Act; and
22		(iii) for secondary school districts with a
23		district average 1995-96 Per Capita Tuition Charge
24		of less than $5,900, no more than 8% of the total
25		amount of property tax increment revenue produced
26		by those housing units that have received tax

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1		increment finance assistance under this Act.
2		(B) For alternate method districts, flat grant
3		districts, and foundation districts with a district
4		average 1995-96 Per Capita Tuition Charge equal to or
5		more than $5,900, excluding any school district with a
6		population in excess of 1,000,000, by multiplying the
7		district's increase in attendance resulting from the
8		net increase in new students enrolled in that school
9		district who reside in housing units within the
10		redevelopment project area that have received
11		financial assistance through an agreement with the
12		municipality or because the municipality incurs the
13		cost of necessary infrastructure improvements within
14		the boundaries of the housing sites necessary for the
15		completion of that housing as authorized by this Act
16		since the designation of the redevelopment project
17		area by the most recently available per capita tuition
18		cost as defined in Section 10-20.12a of the School Code
19		less any increase in general state aid as defined in
20		Section 18-8.05 of the School Code attributable to
21		these added new students subject to the following
22		annual limitations:
23		(i) for unit school districts, no more than 40%
24		of the total amount of property tax increment
25		revenue produced by those housing units that have
26		received tax increment finance assistance under

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1		this Act;
2		(ii) for elementary school districts, no more
3		than 27% of the total amount of property tax
4		increment revenue produced by those housing units
5		that have received tax increment finance
6		assistance under this Act; and
7		(iii) for secondary school districts, no more
8		than 13% of the total amount of property tax
9		increment revenue produced by those housing units
10		that have received tax increment finance
11		assistance under this Act.
12		(C) For any school district in a municipality with
13		a population in excess of 1,000,000, the following
14		restrictions shall apply to the reimbursement of
15		increased costs under this paragraph (7.5):
16		(i) no increased costs shall be reimbursed
17		unless the school district certifies that each of
18		the schools affected by the assisted housing
19		project is at or over its student capacity;
20		(ii) the amount reimbursable shall be reduced
21		by the value of any land donated to the school
22		district by the municipality or developer, and by
23		the value of any physical improvements made to the
24		schools by the municipality or developer; and
25		(iii) the amount reimbursed may not affect
26		amounts otherwise obligated by the terms of any

HB3855 Engrossed - 441 - LRB100 05985 AMC 16014 b
1		bonds, notes, or other funding instruments, or the
2		terms of any redevelopment agreement.
3		Any school district seeking payment under this
4		paragraph (7.5) shall, after July 1 and before
5		September 30 of each year, provide the municipality
6		with reasonable evidence to support its claim for
7		reimbursement before the municipality shall be
8		required to approve or make the payment to the school
9		district. If the school district fails to provide the
10		information during this period in any year, it shall
11		forfeit any claim to reimbursement for that year.
12		School districts may adopt a resolution waiving the
13		right to all or a portion of the reimbursement
14		otherwise required by this paragraph (7.5). By
15		acceptance of this reimbursement the school district
16		waives the right to directly or indirectly set aside,
17		modify, or contest in any manner the establishment of
18		the redevelopment project area or projects;
19		(7.7) For redevelopment project areas designated (or
20		redevelopment project areas amended to add or increase the
21		number of tax-increment-financing assisted housing units)
22		on or after January 1, 2005 (the effective date of Public
23		Act 93-961), a public library district's increased costs
24		attributable to assisted housing units located within the
25		redevelopment project area for which the developer or
26		redeveloper receives financial assistance through an

HB3855 Engrossed - 442 - LRB100 05985 AMC 16014 b
1		agreement with the municipality or because the
2		municipality incurs the cost of necessary infrastructure
3		improvements within the boundaries of the assisted housing
4		sites necessary for the completion of that housing as
5		authorized by this Act shall be paid to the library
6		district by the municipality from the Special Tax
7		Allocation Fund when the tax increment revenue is received
8		as a result of the assisted housing units. This paragraph
9		(7.7) applies only if (i) the library district is located
10		in a county that is subject to the Property Tax Extension
11		Limitation Law or (ii) the library district is not located
12		in a county that is subject to the Property Tax Extension
13		Limitation Law but the district is prohibited by any other
14		law from increasing its tax levy rate without a prior voter
15		referendum.
16		The amount paid to a library district under this
17		paragraph (7.7) shall be calculated by multiplying (i) the
18		net increase in the number of persons eligible to obtain a
19		library card in that district who reside in housing units
20		within the redevelopment project area that have received
21		financial assistance through an agreement with the
22		municipality or because the municipality incurs the cost of
23		necessary infrastructure improvements within the
24		boundaries of the housing sites necessary for the
25		completion of that housing as authorized by this Act since
26		the designation of the redevelopment project area by (ii)

HB3855 Engrossed - 443 - LRB100 05985 AMC 16014 b
1		the per-patron cost of providing library services so long
2		as it does not exceed $120. The per-patron cost shall be
3		the Total Operating Expenditures Per Capita for the library
4		in the previous fiscal year. The municipality may deduct
5		from the amount that it must pay to a library district
6		under this paragraph any amount that it has voluntarily
7		paid to the library district from the tax increment
8		revenue. The amount paid to a library district under this
9		paragraph (7.7) shall be no more than 2% of the amount
10		produced by the assisted housing units and deposited into
11		the Special Tax Allocation Fund.
12		A library district is not eligible for any payment
13		under this paragraph (7.7) unless the library district has
14		experienced an increase in the number of patrons from the
15		municipality that created the tax-increment-financing
16		district since the designation of the redevelopment
17		project area.
18		Any library district seeking payment under this
19		paragraph (7.7) shall, after July 1 and before September 30
20		of each year, provide the municipality with convincing
21		evidence to support its claim for reimbursement before the
22		municipality shall be required to approve or make the
23		payment to the library district. If the library district
24		fails to provide the information during this period in any
25		year, it shall forfeit any claim to reimbursement for that
26		year. Library districts may adopt a resolution waiving the

HB3855 Engrossed - 444 - LRB100 05985 AMC 16014 b
1		right to all or a portion of the reimbursement otherwise
2		required by this paragraph (7.7). By acceptance of such
3		reimbursement, the library district shall forfeit any
4		right to directly or indirectly set aside, modify, or
5		contest in any manner whatsoever the establishment of the
6		redevelopment project area or projects;
7		(8) Relocation costs to the extent that a municipality
8		determines that relocation costs shall be paid or is
9		required to make payment of relocation costs by federal or
10		State law or in order to satisfy subparagraph (7) of
11		subsection (n);
12		(9) Payment in lieu of taxes;
13		(10) Costs of job training, retraining, advanced
14		vocational education or career education, including but
15		not limited to courses in occupational, semi-technical or
16		technical fields leading directly to employment, incurred
17		by one or more taxing districts, provided that such costs
18		(i) are related to the establishment and maintenance of
19		additional job training, advanced vocational education or
20		career education programs for persons employed or to be
21		employed by employers located in a redevelopment project
22		area; and (ii) when incurred by a taxing district or taxing
23		districts other than the municipality, are set forth in a
24		written agreement by or among the municipality and the
25		taxing district or taxing districts, which agreement
26		describes the program to be undertaken, including but not

HB3855 Engrossed - 445 - LRB100 05985 AMC 16014 b
1		limited to the number of employees to be trained, a
2		description of the training and services to be provided,
3		the number and type of positions available or to be
4		available, itemized costs of the program and sources of
5		funds to pay for the same, and the term of the agreement.
6		Such costs include, specifically, the payment by community
7		college districts of costs pursuant to Sections 3-37, 3-38,
8		3-40 and 3-40.1 of the Public Community College Act and by
9		school districts of costs pursuant to Sections 10-22.20a
10		and 10-23.3a of the The School Code;
11		(11) Interest cost incurred by a redeveloper related to
12		the construction, renovation or rehabilitation of a
13		redevelopment project provided that:
14		(A) such costs are to be paid directly from the
15		special tax allocation fund established pursuant to
16		this Act;
17		(B) such payments in any one year may not exceed
18		30% of the annual interest costs incurred by the
19		redeveloper with regard to the redevelopment project
20		during that year;
21		(C) if there are not sufficient funds available in
22		the special tax allocation fund to make the payment
23		pursuant to this paragraph (11) then the amounts so due
24		shall accrue and be payable when sufficient funds are
25		available in the special tax allocation fund;
26		(D) the total of such interest payments paid

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1		pursuant to this Act may not exceed 30% of the total
2		(i) cost paid or incurred by the redeveloper for the
3		redevelopment project plus (ii) redevelopment project
4		costs excluding any property assembly costs and any
5		relocation costs incurred by a municipality pursuant
6		to this Act; and
7		(E) the cost limits set forth in subparagraphs (B)
8		and (D) of paragraph (11) shall be modified for the
9		financing of rehabilitated or new housing units for
10		low-income households and very low-income households,
11		as defined in Section 3 of the Illinois Affordable
12		Housing Act. The percentage of 75% shall be substituted
13		for 30% in subparagraphs (B) and (D) of paragraph (11);
14		and .
15		(F) instead Instead of the eligible costs provided
16		by subparagraphs (B) and (D) of paragraph (11), as
17		modified by this subparagraph, and notwithstanding any
18		other provisions of this Act to the contrary, the
19		municipality may pay from tax increment revenues up to
20		50% of the cost of construction of new housing units to
21		be occupied by low-income households and very
22		low-income households as defined in Section 3 of the
23		Illinois Affordable Housing Act. The cost of
24		construction of those units may be derived from the
25		proceeds of bonds issued by the municipality under this
26		Act or other constitutional or statutory authority or

HB3855 Engrossed - 447 - LRB100 05985 AMC 16014 b
1		from other sources of municipal revenue that may be
2		reimbursed from tax increment revenues or the proceeds
3		of bonds issued to finance the construction of that
4		housing.
5		The eligible costs provided under this
6		subparagraph (F) of paragraph (11) shall be an eligible
7		cost for the construction, renovation, and
8		rehabilitation of all low and very low-income housing
9		units, as defined in Section 3 of the Illinois
10		Affordable Housing Act, within the redevelopment
11		project area. If the low and very low-income units are
12		part of a residential redevelopment project that
13		includes units not affordable to low and very
14		low-income households, only the low and very
15		low-income units shall be eligible for benefits under
16		this subparagraph (F) of paragraph (11). The standards
17		for maintaining the occupancy by low-income households
18		and very low-income households, as defined in Section 3
19		of the Illinois Affordable Housing Act, of those units
20		constructed with eligible costs made available under
21		the provisions of this subparagraph (F) of paragraph
22		(11) shall be established by guidelines adopted by the
23		municipality. The responsibility for annually
24		documenting the initial occupancy of the units by
25		low-income households and very low-income households,
26		as defined in Section 3 of the Illinois Affordable

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1		Housing Act, shall be that of the then current owner of
2		the property. For ownership units, the guidelines will
3		provide, at a minimum, for a reasonable recapture of
4		funds, or other appropriate methods designed to
5		preserve the original affordability of the ownership
6		units. For rental units, the guidelines will provide,
7		at a minimum, for the affordability of rent to low and
8		very low-income households. As units become available,
9		they shall be rented to income-eligible tenants. The
10		municipality may modify these guidelines from time to
11		time; the guidelines, however, shall be in effect for
12		as long as tax increment revenue is being used to pay
13		for costs associated with the units or for the
14		retirement of bonds issued to finance the units or for
15		the life of the redevelopment project area, whichever
16		is later; .
17		(11.5) If the redevelopment project area is located
18		within a municipality with a population of more than
19		100,000, the cost of day care services for children of
20		employees from low-income families working for businesses
21		located within the redevelopment project area and all or a
22		portion of the cost of operation of day care centers
23		established by redevelopment project area businesses to
24		serve employees from low-income families working in
25		businesses located in the redevelopment project area. For
26		the purposes of this paragraph, "low-income families"

HB3855 Engrossed - 449 - LRB100 05985 AMC 16014 b
1		means families whose annual income does not exceed 80% of
2		the municipal, county, or regional median income, adjusted
3		for family size, as the annual income and municipal,
4		county, or regional median income are determined from time
5		to time by the United States Department of Housing and
6		Urban Development.
7		(12) Unless explicitly stated herein the cost of
8		construction of new privately-owned buildings shall not be an
9		eligible redevelopment project cost.
10		(13) After November 1, 1999 (the effective date of Public
11		Act 91-478), none of the redevelopment project costs enumerated
12		in this subsection shall be eligible redevelopment project
13		costs if those costs would provide direct financial support to
14		a retail entity initiating operations in the redevelopment
15		project area while terminating operations at another Illinois
16		location within 10 miles of the redevelopment project area but
17		outside the boundaries of the redevelopment project area
18		municipality. For purposes of this paragraph, termination
19		means a closing of a retail operation that is directly related
20		to the opening of the same operation or like retail entity
21		owned or operated by more than 50% of the original ownership in
22		a redevelopment project area, but it does not mean closing an
23		operation for reasons beyond the control of the retail entity,
24		as documented by the retail entity, subject to a reasonable
25		finding by the municipality that the current location contained
26		inadequate space, had become economically obsolete, or was no

HB3855 Engrossed - 450 - LRB100 05985 AMC 16014 b
1		longer a viable location for the retailer or serviceman.
2		(14) No cost shall be a redevelopment project cost in a
3		redevelopment project area if used to demolish, remove, or
4		substantially modify a historic resource, after August 26, 2008
5		(the effective date of Public Act 95-934), unless no prudent
6		and feasible alternative exists. "Historic resource" for the
7		purpose of this paragraph item (14) means (i) a place or
8		structure that is included or eligible for inclusion on the
9		National Register of Historic Places or (ii) a contributing
10		structure in a district on the National Register of Historic
11		Places. This paragraph item (14) does not apply to a place or
12		structure for which demolition, removal, or modification is
13		subject to review by the preservation agency of a Certified
14		Local Government designated as such by the National Park
15		Service of the United States Department of the Interior.
16		If a special service area has been established pursuant to
17		the Special Service Area Tax Act or Special Service Area Tax
18		Law, then any tax increment revenues derived from the tax
19		imposed pursuant to the Special Service Area Tax Act or Special
20		Service Area Tax Law may be used within the redevelopment
21		project area for the purposes permitted by that Act or Law as
22		well as the purposes permitted by this Act.
23		(q-1) For redevelopment project areas created pursuant to
24		subsection (p-1), redevelopment project costs are limited to
25		those costs in paragraph (q) that are related to the existing
26		or proposed Regional Transportation Authority Suburban Transit

HB3855 Engrossed - 451 - LRB100 05985 AMC 16014 b
1		Access Route (STAR Line) station.
2		(q-2) For a redevelopment project area located within a
3		transit facility improvement area established pursuant to
4		Section 11-74.4-3.3, redevelopment project costs means those
5		costs described in subsection (q) that are related to the
6		construction, reconstruction, rehabilitation, remodeling, or
7		repair of any existing or proposed transit facility.
8		(r) "State Sales Tax Boundary" means the redevelopment
9		project area or the amended redevelopment project area
10		boundaries which are determined pursuant to subsection (9) of
11		Section 11-74.4-8a of this Act. The Department of Revenue shall
12		certify pursuant to subsection (9) of Section 11-74.4-8a the
13		appropriate boundaries eligible for the determination of State
14		Sales Tax Increment.
15		(s) "State Sales Tax Increment" means an amount equal to
16		the increase in the aggregate amount of taxes paid by retailers
17		and servicemen, other than retailers and servicemen subject to
18		the Public Utilities Act, on transactions at places of business
19		located within a State Sales Tax Boundary pursuant to the
20		Retailers' Occupation Tax Act, the Use Tax Act, the Service Use
21		Tax Act, and the Service Occupation Tax Act, except such
22		portion of such increase that is paid into the State and Local
23		Sales Tax Reform Fund, the Local Government Distributive Fund,
24		the Local Government Tax Fund and the County and Mass Transit
25		District Fund, for as long as State participation exists, over
26		and above the Initial Sales Tax Amounts, Adjusted Initial Sales

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1		Tax Amounts or the Revised Initial Sales Tax Amounts for such
2		taxes as certified by the Department of Revenue and paid under
3		those Acts by retailers and servicemen on transactions at
4		places of business located within the State Sales Tax Boundary
5		during the base year which shall be the calendar year
6		immediately prior to the year in which the municipality adopted
7		tax increment allocation financing, less 3.0% of such amounts
8		generated under the Retailers' Occupation Tax Act, Use Tax Act
9		and Service Use Tax Act and the Service Occupation Tax Act,
10		which sum shall be appropriated to the Department of Revenue to
11		cover its costs of administering and enforcing this Section.
12		For purposes of computing the aggregate amount of such taxes
13		for base years occurring prior to 1985, the Department of
14		Revenue shall compute the Initial Sales Tax Amount for such
15		taxes and deduct therefrom an amount equal to 4% of the
16		aggregate amount of taxes per year for each year the base year
17		is prior to 1985, but not to exceed a total deduction of 12%.
18		The amount so determined shall be known as the "Adjusted
19		Initial Sales Tax Amount". For purposes of determining the
20		State Sales Tax Increment the Department of Revenue shall for
21		each period subtract from the tax amounts received from
22		retailers and servicemen on transactions located in the State
23		Sales Tax Boundary, the certified Initial Sales Tax Amounts,
24		Adjusted Initial Sales Tax Amounts or Revised Initial Sales Tax
25		Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
26		the Service Use Tax Act and the Service Occupation Tax Act. For

HB3855 Engrossed - 453 - LRB100 05985 AMC 16014 b
1		the State Fiscal Year 1989 this calculation shall be made by
2		utilizing the calendar year 1987 to determine the tax amounts
3		received. For the State Fiscal Year 1990, this calculation
4		shall be made by utilizing the period from January 1, 1988,
5		until September 30, 1988, to determine the tax amounts received
6		from retailers and servicemen, which shall have deducted
7		therefrom nine-twelfths of the certified Initial Sales Tax
8		Amounts, Adjusted Initial Sales Tax Amounts or the Revised
9		Initial Sales Tax Amounts as appropriate. For the State Fiscal
10		Year 1991, this calculation shall be made by utilizing the
11		period from October 1, 1988, until June 30, 1989, to determine
12		the tax amounts received from retailers and servicemen, which
13		shall have deducted therefrom nine-twelfths of the certified
14		Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
15		Amounts or the Revised Initial Sales Tax Amounts as
16		appropriate. For every State Fiscal Year thereafter, the
17		applicable period shall be the 12 months beginning July 1 and
18		ending on June 30, to determine the tax amounts received which
19		shall have deducted therefrom the certified Initial Sales Tax
20		Amounts, Adjusted Initial Sales Tax Amounts or the Revised
21		Initial Sales Tax Amounts. Municipalities intending to receive
22		a distribution of State Sales Tax Increment must report a list
23		of retailers to the Department of Revenue by October 31, 1988
24		and by July 31, of each year thereafter.
25		(t) "Taxing districts" means counties, townships, cities
26		and incorporated towns and villages, school, road, park,

HB3855 Engrossed - 454 - LRB100 05985 AMC 16014 b
1		sanitary, mosquito abatement, forest preserve, public health,
2		fire protection, river conservancy, tuberculosis sanitarium
3		and any other municipal corporations or districts with the
4		power to levy taxes.
5		(u) "Taxing districts' capital costs" means those costs of
6		taxing districts for capital improvements that are found by the
7		municipal corporate authorities to be necessary and directly
8		result from the redevelopment project.
9		(v) As used in subsection (a) of Section 11-74.4-3 of this
10		Act, "vacant land" means any parcel or combination of parcels
11		of real property without industrial, commercial, and
12		residential buildings which has not been used for commercial
13		agricultural purposes within 5 years prior to the designation
14		of the redevelopment project area, unless the parcel is
15		included in an industrial park conservation area or the parcel
16		has been subdivided; provided that if the parcel was part of a
17		larger tract that has been divided into 3 or more smaller
18		tracts that were accepted for recording during the period from
19		1950 to 1990, then the parcel shall be deemed to have been
20		subdivided, and all proceedings and actions of the municipality
21		taken in that connection with respect to any previously
22		approved or designated redevelopment project area or amended
23		redevelopment project area are hereby validated and hereby
24		declared to be legally sufficient for all purposes of this Act.
25		For purposes of this Section and only for land subject to the
26		subdivision requirements of the Plat Act, land is subdivided

HB3855 Engrossed - 455 - LRB100 05985 AMC 16014 b
1		when the original plat of the proposed Redevelopment Project
2		Area or relevant portion thereof has been properly certified,
3		acknowledged, approved, and recorded or filed in accordance
4		with the Plat Act and a preliminary plat, if any, for any
5		subsequent phases of the proposed Redevelopment Project Area or
6		relevant portion thereof has been properly approved and filed
7		in accordance with the applicable ordinance of the
8		municipality.
9		(w) "Annual Total Increment" means the sum of each
10		municipality's annual Net Sales Tax Increment and each
11		municipality's annual Net Utility Tax Increment. The ratio of
12		the Annual Total Increment of each municipality to the Annual
13		Total Increment for all municipalities, as most recently
14		calculated by the Department, shall determine the proportional
15		shares of the Illinois Tax Increment Fund to be distributed to
16		each municipality.
17		(x) "LEED certified" means any certification level of
18		construction elements by a qualified Leadership in Energy and
19		Environmental Design Accredited Professional as determined by
20		the U.S. Green Building Council.
21		(y) "Green Globes certified" means any certification level
22		of construction elements by a qualified Green Globes
23		Professional as determined by the Green Building Initiative.
24		(Source: P.A. 99-792, eff. 8-12-16; revised 10-31-16.)
25		(65 ILCS 5/11-74.4-3.5)

HB3855 Engrossed - 456 - LRB100 05985 AMC 16014 b
1		Sec. 11-74.4-3.5. Completion dates for redevelopment
2		projects.
3		(a) Unless otherwise stated in this Section, the estimated
4		dates of completion of the redevelopment project and retirement
5		of obligations issued to finance redevelopment project costs
6		(including refunding bonds under Section 11-74.4-7) may not be
7		later than December 31 of the year in which the payment to the
8		municipal treasurer, as provided in subsection (b) of Section
9		11-74.4-8 of this Act, is to be made with respect to ad valorem
10		taxes levied in the 23rd calendar year after the year in which
11		the ordinance approving the redevelopment project area was
12		adopted if the ordinance was adopted on or after January 15,
13		1981.
14		(a-5) If the redevelopment project area is located within a
15		transit facility improvement area established pursuant to
16		Section 11-74.4-3, the estimated dates of completion of the
17		redevelopment project and retirement of obligations issued to
18		finance redevelopment project costs (including refunding bonds
19		under Section 11-74.4-7) may not be later than December 31 of
20		the year in which the payment to the municipal treasurer, as
21		provided in subsection (b) of Section 11-74.4-8 of this Act
22		amendatory Act of the 99th General Assembly, is to be made with
23		respect to ad valorem taxes levied in the 35th calendar year
24		after the year in which the ordinance approving the
25		redevelopment project area was adopted.
26		(a-7) A municipality may adopt tax increment financing for

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1		a redevelopment project area located in a transit facility
2		improvement area that also includes real property located
3		within an existing redevelopment project area established
4		prior to August 12, 2016 (the effective date of Public Act
5		99-792) this amendatory Act of 99th General Assembly. In such
6		case: (i) the provisions of this Division shall apply with
7		respect to the previously established redevelopment project
8		area until the municipality adopts, as required in accordance
9		with applicable provisions of this Division, an ordinance
10		dissolving the special tax allocation fund for such
11		redevelopment project area and terminating the designation of
12		such redevelopment project area as a redevelopment project
13		area; and (ii) after the effective date of the ordinance
14		described in (i), the provisions of this Division shall apply
15		with respect to the subsequently established redevelopment
16		project area located in a transit facility improvement area.
17		(b) The estimated dates of completion of the redevelopment
18		project and retirement of obligations issued to finance
19		redevelopment project costs (including refunding bonds under
20		Section 11-74.4-7) may not be later than December 31 of the
21		year in which the payment to the municipal treasurer as
22		provided in subsection (b) of Section 11-74.4-8 of this Act is
23		to be made with respect to ad valorem taxes levied in the 32nd
24		calendar year after the year in which the ordinance approving
25		the redevelopment project area was adopted if the ordinance was
26		adopted on September 9, 1999 by the Village of Downs.

HB3855 Engrossed - 458 - LRB100 05985 AMC 16014 b
1		The estimated dates of completion of the redevelopment
2		project and retirement of obligations issued to finance
3		redevelopment project costs (including refunding bonds under
4		Section 11-74.4-7) may not be later than December 31 of the
5		year in which the payment to the municipal treasurer as
6		provided in subsection (b) of Section 11-74.4-8 of this Act is
7		to be made with respect to ad valorem taxes levied in the 33rd
8		calendar year after the year in which the ordinance approving
9		the redevelopment project area was adopted if the ordinance was
10		adopted on May 20, 1985 by the Village of Wheeling.
11		The estimated dates of completion of the redevelopment
12		project and retirement of obligations issued to finance
13		redevelopment project costs (including refunding bonds under
14		Section 11-74.4-7) may not be later than December 31 of the
15		year in which the payment to the municipal treasurer as
16		provided in subsection (b) of Section 11-74.4-8 of this Act is
17		to be made with respect to ad valorem taxes levied in the 28th
18		calendar year after the year in which the ordinance approving
19		the redevelopment project area was adopted if the ordinance was
20		adopted on October 12, 1989 by the City of Lawrenceville.
21		(c) The estimated dates of completion of the redevelopment
22		project and retirement of obligations issued to finance
23		redevelopment project costs (including refunding bonds under
24		Section 11-74.4-7) may not be later than December 31 of the
25		year in which the payment to the municipal treasurer as
26		provided in subsection (b) of Section 11-74.4-8 of this Act is

HB3855 Engrossed - 459 - LRB100 05985 AMC 16014 b
1		to be made with respect to ad valorem taxes levied in the 35th
2		calendar year after the year in which the ordinance approving
3		the redevelopment project area was adopted:
4		(1) If the ordinance was adopted before January 15,
5		1981.
6		(2) If the ordinance was adopted in December 1983,
7		April 1984, July 1985, or December 1989.
8		(3) If the ordinance was adopted in December 1987 and
9		the redevelopment project is located within one mile of
10		Midway Airport.
11		(4) If the ordinance was adopted before January 1, 1987
12		by a municipality in Mason County.
13		(5) If the municipality is subject to the Local
14		Government Financial Planning and Supervision Act or the
15		Financially Distressed City Law.
16		(6) If the ordinance was adopted in December 1984 by
17		the Village of Rosemont.
18		(7) If the ordinance was adopted on December 31, 1986
19		by a municipality located in Clinton County for which at
20		least $250,000 of tax increment bonds were authorized on
21		June 17, 1997, or if the ordinance was adopted on December
22		31, 1986 by a municipality with a population in 1990 of
23		less than 3,600 that is located in a county with a
24		population in 1990 of less than 34,000 and for which at
25		least $250,000 of tax increment bonds were authorized on
26		June 17, 1997.

HB3855 Engrossed - 460 - LRB100 05985 AMC 16014 b
1		(8) If the ordinance was adopted on October 5, 1982 by
2		the City of Kankakee, or if the ordinance was adopted on
3		December 29, 1986 by East St. Louis.
4		(9) If the ordinance was adopted on November 12, 1991
5		by the Village of Sauget.
6		(10) If the ordinance was adopted on February 11, 1985
7		by the City of Rock Island.
8		(11) If the ordinance was adopted before December 18,
9		1986 by the City of Moline.
10		(12) If the ordinance was adopted in September 1988 by
11		Sauk Village.
12		(13) If the ordinance was adopted in October 1993 by
13		Sauk Village.
14		(14) If the ordinance was adopted on December 29, 1986
15		by the City of Galva.
16		(15) If the ordinance was adopted in March 1991 by the
17		City of Centreville.
18		(16) If the ordinance was adopted on January 23, 1991
19		by the City of East St. Louis.
20		(17) If the ordinance was adopted on December 22, 1986
21		by the City of Aledo.
22		(18) If the ordinance was adopted on February 5, 1990
23		by the City of Clinton.
24		(19) If the ordinance was adopted on September 6, 1994
25		by the City of Freeport.
26		(20) If the ordinance was adopted on December 22, 1986

HB3855 Engrossed - 461 - LRB100 05985 AMC 16014 b
1		by the City of Tuscola.
2		(21) If the ordinance was adopted on December 23, 1986
3		by the City of Sparta.
4		(22) If the ordinance was adopted on December 23, 1986
5		by the City of Beardstown.
6		(23) If the ordinance was adopted on April 27, 1981,
7		October 21, 1985, or December 30, 1986 by the City of
8		Belleville.
9		(24) If the ordinance was adopted on December 29, 1986
10		by the City of Collinsville.
11		(25) If the ordinance was adopted on September 14, 1994
12		by the City of Alton.
13		(26) If the ordinance was adopted on November 11, 1996
14		by the City of Lexington.
15		(27) If the ordinance was adopted on November 5, 1984
16		by the City of LeRoy.
17		(28) If the ordinance was adopted on April 3, 1991 or
18		June 3, 1992 by the City of Markham.
19		(29) If the ordinance was adopted on November 11, 1986
20		by the City of Pekin.
21		(30) If the ordinance was adopted on December 15, 1981
22		by the City of Champaign.
23		(31) If the ordinance was adopted on December 15, 1986
24		by the City of Urbana.
25		(32) If the ordinance was adopted on December 15, 1986
26		by the Village of Heyworth.

HB3855 Engrossed - 462 - LRB100 05985 AMC 16014 b
1		(33) If the ordinance was adopted on February 24, 1992
2		by the Village of Heyworth.
3		(34) If the ordinance was adopted on March 16, 1995 by
4		the Village of Heyworth.
5		(35) If the ordinance was adopted on December 23, 1986
6		by the Town of Cicero.
7		(36) If the ordinance was adopted on December 30, 1986
8		by the City of Effingham.
9		(37) If the ordinance was adopted on May 9, 1991 by the
10		Village of Tilton.
11		(38) If the ordinance was adopted on October 20, 1986
12		by the City of Elmhurst.
13		(39) If the ordinance was adopted on January 19, 1988
14		by the City of Waukegan.
15		(40) If the ordinance was adopted on September 21, 1998
16		by the City of Waukegan.
17		(41) If the ordinance was adopted on December 31, 1986
18		by the City of Sullivan.
19		(42) If the ordinance was adopted on December 23, 1991
20		by the City of Sullivan.
21		(43) If the ordinance was adopted on December 31, 1986
22		by the City of Oglesby.
23		(44) If the ordinance was adopted on July 28, 1987 by
24		the City of Marion.
25		(45) If the ordinance was adopted on April 23, 1990 by
26		the City of Marion.

HB3855 Engrossed - 463 - LRB100 05985 AMC 16014 b
1		(46) If the ordinance was adopted on August 20, 1985 by
2		the Village of Mount Prospect.
3		(47) If the ordinance was adopted on February 2, 1998
4		by the Village of Woodhull.
5		(48) If the ordinance was adopted on April 20, 1993 by
6		the Village of Princeville.
7		(49) If the ordinance was adopted on July 1, 1986 by
8		the City of Granite City.
9		(50) If the ordinance was adopted on February 2, 1989
10		by the Village of Lombard.
11		(51) If the ordinance was adopted on December 29, 1986
12		by the Village of Gardner.
13		(52) If the ordinance was adopted on July 14, 1999 by
14		the Village of Paw Paw.
15		(53) If the ordinance was adopted on November 17, 1986
16		by the Village of Franklin Park.
17		(54) If the ordinance was adopted on November 20, 1989
18		by the Village of South Holland.
19		(55) If the ordinance was adopted on July 14, 1992 by
20		the Village of Riverdale.
21		(56) If the ordinance was adopted on December 29, 1986
22		by the City of Galesburg.
23		(57) If the ordinance was adopted on April 1, 1985 by
24		the City of Galesburg.
25		(58) If the ordinance was adopted on May 21, 1990 by
26		the City of West Chicago.

HB3855 Engrossed - 464 - LRB100 05985 AMC 16014 b
1		(59) If the ordinance was adopted on December 16, 1986
2		by the City of Oak Forest.
3		(60) If the ordinance was adopted in 1999 by the City
4		of Villa Grove.
5		(61) If the ordinance was adopted on January 13, 1987
6		by the Village of Mt. Zion.
7		(62) If the ordinance was adopted on December 30, 1986
8		by the Village of Manteno.
9		(63) If the ordinance was adopted on April 3, 1989 by
10		the City of Chicago Heights.
11		(64) If the ordinance was adopted on January 6, 1999 by
12		the Village of Rosemont.
13		(65) If the ordinance was adopted on December 19, 2000
14		by the Village of Stone Park.
15		(66) If the ordinance was adopted on December 22, 1986
16		by the City of DeKalb.
17		(67) If the ordinance was adopted on December 2, 1986
18		by the City of Aurora.
19		(68) If the ordinance was adopted on December 31, 1986
20		by the Village of Milan.
21		(69) If the ordinance was adopted on September 8, 1994
22		by the City of West Frankfort.
23		(70) If the ordinance was adopted on December 23, 1986
24		by the Village of Libertyville.
25		(71) If the ordinance was adopted on December 22, 1986
26		by the Village of Hoffman Estates.

HB3855 Engrossed - 465 - LRB100 05985 AMC 16014 b
1		(72) If the ordinance was adopted on September 17, 1986
2		by the Village of Sherman.
3		(73) If the ordinance was adopted on December 16, 1986
4		by the City of Macomb.
5		(74) If the ordinance was adopted on June 11, 2002 by
6		the City of East Peoria to create the West Washington
7		Street TIF.
8		(75) If the ordinance was adopted on June 11, 2002 by
9		the City of East Peoria to create the Camp Street TIF.
10		(76) If the ordinance was adopted on August 7, 2000 by
11		the City of Des Plaines.
12		(77) If the ordinance was adopted on December 22, 1986
13		by the City of Washington to create the Washington Square
14		TIF #2.
15		(78) If the ordinance was adopted on December 29, 1986
16		by the City of Morris.
17		(79) If the ordinance was adopted on July 6, 1998 by
18		the Village of Steeleville.
19		(80) If the ordinance was adopted on December 29, 1986
20		by the City of Pontiac to create TIF I (the Main St TIF).
21		(81) If the ordinance was adopted on December 29, 1986
22		by the City of Pontiac to create TIF II (the Interstate
23		TIF).
24		(82) If the ordinance was adopted on November 6, 2002
25		by the City of Chicago to create the Madden/Wells TIF
26		District.

HB3855 Engrossed - 466 - LRB100 05985 AMC 16014 b
1		(83) If the ordinance was adopted on November 4, 1998
2		by the City of Chicago to create the Roosevelt/Racine TIF
3		District.
4		(84) If the ordinance was adopted on June 10, 1998 by
5		the City of Chicago to create the Stony Island
6		Commercial/Burnside Industrial Corridors TIF District.
7		(85) If the ordinance was adopted on November 29, 1989
8		by the City of Chicago to create the Englewood Mall TIF
9		District.
10		(86) If the ordinance was adopted on December 27, 1986
11		by the City of Mendota.
12		(87) If the ordinance was adopted on December 31, 1986
13		by the Village of Cahokia.
14		(88) If the ordinance was adopted on September 20, 1999
15		by the City of Belleville.
16		(89) If the ordinance was adopted on December 30, 1986
17		by the Village of Bellevue to create the Bellevue TIF
18		District 1.
19		(90) If the ordinance was adopted on December 13, 1993
20		by the Village of Crete.
21		(91) If the ordinance was adopted on February 12, 2001
22		by the Village of Crete.
23		(92) If the ordinance was adopted on April 23, 2001 by
24		the Village of Crete.
25		(93) If the ordinance was adopted on December 16, 1986
26		by the City of Champaign.

HB3855 Engrossed - 467 - LRB100 05985 AMC 16014 b
1		(94) If the ordinance was adopted on December 20, 1986
2		by the City of Charleston.
3		(95) If the ordinance was adopted on June 6, 1989 by
4		the Village of Romeoville.
5		(96) If the ordinance was adopted on October 14, 1993
6		and amended on August 2, 2010 by the City of Venice.
7		(97) If the ordinance was adopted on June 1, 1994 by
8		the City of Markham.
9		(98) If the ordinance was adopted on May 19, 1998 by
10		the Village of Bensenville.
11		(99) If the ordinance was adopted on November 12, 1987
12		by the City of Dixon.
13		(100) If the ordinance was adopted on December 20, 1988
14		by the Village of Lansing.
15		(101) If the ordinance was adopted on October 27, 1998
16		by the City of Moline.
17		(102) If the ordinance was adopted on May 21, 1991 by
18		the Village of Glenwood.
19		(103) If the ordinance was adopted on January 28, 1992
20		by the City of East Peoria.
21		(104) If the ordinance was adopted on December 14, 1998
22		by the City of Carlyle.
23		(105) If the ordinance was adopted on May 17, 2000, as
24		subsequently amended, by the City of Chicago to create the
25		Midwest Redevelopment TIF District.
26		(106) If the ordinance was adopted on September 13,

HB3855 Engrossed - 468 - LRB100 05985 AMC 16014 b
1		1989 by the City of Chicago to create the Michigan/Cermak
2		Area TIF District.
3		(107) If the ordinance was adopted on March 30, 1992 by
4		the Village of Ohio.
5		(108) If the ordinance was adopted on July 6, 1998 by
6		the Village of Orangeville.
7		(109) If the ordinance was adopted on December 16, 1997
8		by the Village of Germantown.
9		(110) If the ordinance was adopted on April 28, 2003 by
10		Gibson City.
11		(111) If the ordinance was adopted on December 18, 1990
12		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 the ordinance was adopted on February 28, 2000
18		by the City of Harvey.
19		(113) If the ordinance was adopted on January 11, 1991
20		by the City of Chicago to create the Read/Dunning TIF
21		District.
22		(114) If the ordinance was adopted on July 24, 1991 by
23		the City of Chicago to create the Sanitary and Ship Canal
24		TIF District.
25		(115) If the ordinance was adopted on December 4, 2007
26		by the City of Naperville.

HB3855 Engrossed - 469 - LRB100 05985 AMC 16014 b
1		(116) If the ordinance was adopted on July 1, 2002 by
2		the Village of Arlington Heights.
3		(117) If the ordinance was adopted on February 11, 1991
4		by the Village of Machesney Park.
5		(118) If the ordinance was adopted on December 29, 1993
6		by the City of Ottawa.
7		(119) If the ordinance was adopted on June 4, 1991 by
8		the Village of Lansing.
9		(120) If the ordinance was adopted on February 10, 2004
10		by the Village of Fox Lake.
11		(121) If the ordinance was adopted on December 22, 1992
12		by the City of Fairfield.
13		(122) If the ordinance was adopted on February 10, 1992
14		by the City of Mt. Sterling.
15		(123) If the ordinance was adopted on March 15, 2004 by
16		the City of Batavia.
17		(124) If the ordinance was adopted on March 18, 2002 by
18		the Village of Lake Zurich.
19		(125) If the ordinance was adopted on September 23,
20		1997 by the City of Granite City.
21		(126) If the ordinance was adopted on May 8, 2013 by
22		the Village of Rosemont to create the Higgins Road/River
23		Road TIF District No. 6.
24		(127) If the ordinance was adopted on November 22, 1993
25		by the City of Arcola.
26		(128) If the ordinance was adopted on September 7, 2004

HB3855 Engrossed - 470 - LRB100 05985 AMC 16014 b
1		by the City of Arcola.
2		(129) If the ordinance was adopted on November 29, 1999
3		by the City of Paris.
4		(130) If the ordinance was adopted on September 20,
5		1994 by the City of Ottawa to create the U.S. Route 6 East
6		Ottawa TIF.
7		(131) If the ordinance was adopted on May 2, 2002 by
8		the Village of Crestwood.
9		(132) If the ordinance was adopted on October 27, 1992
10		by the City of Blue Island.
11		(133) If the ordinance was adopted on December 23, 1993
12		by the City of Lacon.
13		(134) If the ordinance was adopted on May 4, 1998 by
14		the Village of Bradford.
15		(135) If the ordinance was adopted on June 11, 2002 by
16		the City of Oak Forest.
17		(136) If the ordinance was adopted on November 16, 1992
18		by the City of Pinckneyville.
19		(137) If the ordinance was adopted on March 1, 2001 by
20		the Village of South Jacksonville.
21		(138) If the ordinance was adopted on February 26, 1992
22		by the City of Chicago to create the Stockyards Southeast
23		Quadrant TIF District.
24		(139) If the ordinance was adopted on January 25, 1993
25		by the City of LaSalle.
26		(140) If the ordinance was adopted on December 23, 1997

HB3855 Engrossed - 471 - LRB100 05985 AMC 16014 b
1		by the Village of Dieterich.
2		(141) If the ordinance was adopted on February 10, 2016
3		by the Village of Rosemont to create the Balmoral/Pearl TIF
4		No. 8 Tax Increment Financing Redevelopment Project Area.
5		(142) (132) If the ordinance was adopted on June 11,
6		2002 by the City of Oak Forest.
7		(d) For redevelopment project areas for which bonds were
8		issued before July 29, 1991, or for which contracts were
9		entered into before June 1, 1988, in connection with a
10		redevelopment project in the area within the State Sales Tax
11		Boundary, the estimated dates of completion of the
12		redevelopment project and retirement of obligations to finance
13		redevelopment project costs (including refunding bonds under
14		Section 11-74.4-7) may be extended by municipal ordinance to
15		December 31, 2013. The termination procedures of subsection (b)
16		of Section 11-74.4-8 are not required for these redevelopment
17		project areas in 2009 but are required in 2013. The extension
18		allowed by Public Act 87-1272 shall not apply to real property
19		tax increment allocation financing under Section 11-74.4-8.
20		(e) Those dates, for purposes of real property tax
21		increment allocation financing pursuant to Section 11-74.4-8
22		only, shall be not more than 35 years for redevelopment project
23		areas that were adopted on or after December 16, 1986 and for
24		which at least $8 million worth of municipal bonds were
25		authorized on or after December 19, 1989 but before January 1,
26		1990; provided that the municipality elects to extend the life

HB3855 Engrossed - 472 - LRB100 05985 AMC 16014 b
1		of the redevelopment project area to 35 years by the adoption
2		of an ordinance after at least 14 but not more than 30 days'
3		written notice to the taxing bodies, that would otherwise
4		constitute the joint review board for the redevelopment project
5		area, before the adoption of the ordinance.
6		(f) 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 established on or after December 1, 1981 but
10		before January 1, 1982 and for which at least $1,500,000 worth
11		of tax increment revenue bonds were authorized on or after
12		September 30, 1990 but before July 1, 1991; provided that the
13		municipality elects to extend the life of the redevelopment
14		project area to 35 years by the adoption of an ordinance after
15		at least 14 but not more than 30 days' written notice to the
16		taxing bodies, that would otherwise constitute the joint review
17		board for the redevelopment project area, before the adoption
18		of the ordinance.
19		(f-5) Those dates, for purposes of real property tax
20		increment allocation financing pursuant to Section 11-74.4-8
21		only, shall be not more than 47 years for redevelopment project
22		areas that were established on December 29, 1981 by the City of
23		Springfield; provided that (i) the City city of Springfield
24		adopts an ordinance extending the life of the redevelopment
25		project area to 47 years and (ii) the City of Springfield
26		provides notice to the taxing bodies that would otherwise

HB3855 Engrossed - 473 - LRB100 05985 AMC 16014 b
1		constitute the joint review board for the redevelopment project
2		area not more than 30 and not less than 14 days prior to the
3		adoption of that ordinance.
4		(g) In consolidating the material relating to completion
5		dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
6		it is not the intent of the General Assembly to make any
7		substantive change in the law, except for the extension of the
8		completion dates for the City of Aurora, the Village of Milan,
9		the City of West Frankfort, the Village of Libertyville, and
10		the Village of Hoffman Estates set forth under items (67),
11		(68), (69), (70), and (71) of subsection (c) of this Section.
12		(Source: P.A. 98-109, eff. 7-25-13; 98-135, eff. 8-2-13;
13		98-230, eff. 8-9-13; 98-463, eff. 8-16-13; 98-614, eff.
14		12-27-13; 98-667, eff. 6-25-14; 98-889, eff. 8-15-14; 98-893,
15		eff. 8-15-14; 98-1064, eff. 8-26-14; 98-1136, eff. 12-29-14;
16		98-1153, eff. 1-9-15; 98-1157, eff. 1-9-15; 98-1159, eff.
17		1-9-15; 99-78, eff. 7-20-15; 99-136, eff. 7-24-15; 99-263, eff.
18		8-4-15; 99-361, eff. 1-1-16; 99-394, eff. 8-18-15; 99-495, eff.
19		12-17-15; 99-508, eff. 6-24-16; 99-792, eff. 8-12-16; revised
20		9-22-16.)
21		(65 ILCS 5/11-74.4-6) (from Ch. 24, par. 11-74.4-6)
22		Sec. 11-74.4-6. (a) Except as provided herein, notice of
23		the public hearing shall be given by publication and mailing;
24		provided, however, that no notice by mailing shall be required
25		under this subsection (a) with respect to any redevelopment

HB3855 Engrossed - 474 - LRB100 05985 AMC 16014 b
1		project area located within a transit facility improvement area
2		established pursuant to Section 11-74.4-3.3. Notice by
3		publication shall be given by publication at least twice, the
4		first publication to be not more than 30 nor less than 10 days
5		prior to the hearing in a newspaper of general circulation
6		within the taxing districts having property in the proposed
7		redevelopment project area. Notice by mailing shall be given by
8		depositing such notice in the United States mails by certified
9		mail addressed to the person or persons in whose name the
10		general taxes for the last preceding year were paid on each
11		lot, block, tract, or parcel of land lying within the project
12		redevelopment area. Said notice shall be mailed not less than
13		10 days prior to the date set for the public hearing. In the
14		event taxes for the last preceding year were not paid, the
15		notice shall also be sent to the persons last listed on the tax
16		rolls within the preceding 3 years as the owners of such
17		property. For redevelopment project areas with redevelopment
18		plans or proposed redevelopment plans that would require
19		removal of 10 or more inhabited residential units or that
20		contain 75 or more inhabited residential units, the
21		municipality shall make a good faith effort to notify by mail
22		all residents of the redevelopment project area. At a minimum,
23		the municipality shall mail a notice to each residential
24		address located within the redevelopment project area. The
25		municipality shall endeavor to ensure that all such notices are
26		effectively communicated and shall include (in addition to

HB3855 Engrossed - 475 - LRB100 05985 AMC 16014 b
1		notice in English) notice in the predominant language other
2		than English when appropriate.
3		(b) The notices issued pursuant to this Section shall
4		include the following:
5		(1) The time and place of public hearing.
6		(2) The boundaries of the proposed redevelopment
7		project area by legal description and by street location
8		where possible.
9		(3) A notification that all interested persons will be
10		given an opportunity to be heard at the public hearing.
11		(4) A description of the redevelopment plan or
12		redevelopment project for the proposed redevelopment
13		project area if a plan or project is the subject matter of
14		the hearing.
15		(5) Such other matters as the municipality may deem
16		appropriate.
17		(c) Not less than 45 days prior to the date set for
18		hearing, the municipality shall give notice by mail as provided
19		in subsection (a) to all taxing districts of which taxable
20		property is included in the redevelopment project area, project
21		or plan and to the Department of Commerce and Economic
22		Opportunity, and in addition to the other requirements under
23		subsection (b) the notice shall include an invitation to the
24		Department of Commerce and Economic Opportunity and each taxing
25		district to submit comments to the municipality concerning the
26		subject matter of the hearing prior to the date of hearing.

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1		(d) In the event that any municipality has by ordinance
2		adopted tax increment financing prior to 1987, and has complied
3		with the notice requirements of this Section, except that the
4		notice has not included the requirements of subsection (b),
5		paragraphs (2), (3) and (4), and within 90 days of December 16,
6		1991 (the effective date of Public Act 87-813) this amendatory
7		Act of 1991, that municipality passes an ordinance which
8		contains findings that: (1) all taxing districts prior to the
9		time of the hearing required by Section 11-74.4-5 were
10		furnished with copies of a map incorporated into the
11		redevelopment plan and project substantially showing the legal
12		boundaries of the redevelopment project area; (2) the
13		redevelopment plan and project, or a draft thereof, contained a
14		map substantially showing the legal boundaries of the
15		redevelopment project area and was available to the public at
16		the time of the hearing; and (3) since the adoption of any form
17		of tax increment financing authorized by this Act, and prior to
18		June 1, 1991, no objection or challenge has been made in
19		writing to the municipality in respect to the notices required
20		by this Section, then the municipality shall be deemed to have
21		met the notice requirements of this Act and all actions of the
22		municipality taken in connection with such notices as were
23		given are hereby validated and hereby declared to be legally
24		sufficient for all purposes of this Act.
25		(e) If a municipality desires to propose a redevelopment
26		plan for a redevelopment project area that would result in the

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1		displacement of residents from 10 or more inhabited residential
2		units or for a redevelopment project area that contains 75 or
3		more inhabited residential units, the municipality shall hold a
4		public meeting before the mailing of the notices of public
5		hearing as provided in subsection (c) of this Section. However,
6		such a meeting shall be required for any redevelopment plan for
7		a redevelopment project area located within a transit facility
8		improvement area established pursuant to Section 11-74.4-3.3
9		if the applicable project is subject to the process for
10		evaluation of environmental effects under the National
11		Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq. The
12		meeting shall be for the purpose of enabling the municipality
13		to advise the public, taxing districts having real property in
14		the redevelopment project area, taxpayers who own property in
15		the proposed redevelopment project area, and residents in the
16		area as to the municipality's possible intent to prepare a
17		redevelopment plan and designate a redevelopment project area
18		and to receive public comment. The time and place for the
19		meeting shall be set by the head of the municipality's
20		Department of Planning or other department official designated
21		by the mayor or city or village manager without the necessity
22		of a resolution or ordinance of the municipality and may be
23		held by a member of the staff of the Department of Planning of
24		the municipality or by any other person, body, or commission
25		designated by the corporate authorities. The meeting shall be
26		held at least 14 business days before the mailing of the notice

HB3855 Engrossed - 478 - LRB100 05985 AMC 16014 b
1		of public hearing provided for in subsection (c) of this
2		Section.
3		Notice of the public meeting shall be given by mail. Notice
4		by mail shall be not less than 15 days before the date of the
5		meeting and shall be sent by certified mail to all taxing
6		districts having real property in the proposed redevelopment
7		project area and to all entities requesting that information
8		that have registered with a person and department designated by
9		the municipality in accordance with registration guidelines
10		established by the municipality pursuant to Section
11		11-74.4-4.2. The municipality shall make a good faith effort to
12		notify all residents and the last known persons who paid
13		property taxes on real estate in a redevelopment project area.
14		This requirement shall be deemed to be satisfied if the
15		municipality mails, by regular mail, a notice to each
16		residential address and the person or persons in whose name
17		property taxes were paid on real property for the last
18		preceding year located within the redevelopment project area.
19		Notice shall be in languages other than English when
20		appropriate. The notices issued under this subsection shall
21		include the following:
22		(1) The time and place of the meeting.
23		(2) The boundaries of the area to be studied for
24		possible designation as a redevelopment project area by
25		street and location.
26		(3) The purpose or purposes of establishing a

HB3855 Engrossed - 479 - LRB100 05985 AMC 16014 b
1		redevelopment project area.
2		(4) A brief description of tax increment financing.
3		(5) The name, telephone number, and address of the
4		person who can be contacted for additional information
5		about the proposed redevelopment project area and who
6		should receive all comments and suggestions regarding the
7		development of the area to be studied.
8		(6) Notification that all interested persons will be
9		given an opportunity to be heard at the public meeting.
10		(7) Such other matters as the municipality deems
11		appropriate.
12		At the public meeting, any interested person or
13		representative of an affected taxing district may be heard
14		orally and may file, with the person conducting the meeting,
15		statements that pertain to the subject matter of the meeting.
16		(Source: P.A. 99-792, eff. 8-12-16; revised 10-31-16.)
17		(65 ILCS 5/11-74.4-8a) (from Ch. 24, par. 11-74.4-8a)
18		Sec. 11-74.4-8a. (1) Until June 1, 1988, a municipality
19		which has adopted tax increment allocation financing prior to
20		January 1, 1987, may by ordinance (1) authorize the Department
21		of Revenue, subject to appropriation, to annually certify and
22		cause to be paid from the Illinois Tax Increment Fund to such
23		municipality for deposit in the municipality's special tax
24		allocation fund an amount equal to the Net State Sales Tax
25		Increment and (2) authorize the Department of Revenue to

HB3855 Engrossed - 480 - LRB100 05985 AMC 16014 b
1		annually notify the municipality of the amount of the Municipal
2		Sales Tax Increment which shall be deposited by the
3		municipality in the municipality's special tax allocation
4		fund. Provided that for purposes of this Section no amendments
5		adding additional area to the redevelopment project area which
6		has been certified as the State Sales Tax Boundary shall be
7		taken into account if such amendments are adopted by the
8		municipality after January 1, 1987. If an amendment is adopted
9		which decreases the area of a State Sales Tax Boundary, the
10		municipality shall update the list required by subsection
11		(3)(a) of this Section. The Retailers' Occupation Tax
12		liability, Use Tax liability, Service Occupation Tax liability
13		and Service Use Tax liability for retailers and servicemen
14		located within the disconnected area shall be excluded from the
15		base from which tax increments are calculated and the revenue
16		from any such retailer or serviceman shall not be included in
17		calculating incremental revenue payable to the municipality. A
18		municipality adopting an ordinance under this subsection (1) of
19		this Section for a redevelopment project area which is
20		certified as a State Sales Tax Boundary shall not be entitled
21		to payments of State taxes authorized under subsection (2) of
22		this Section for the same redevelopment project area. Nothing
23		herein shall be construed to prevent a municipality from
24		receiving payment of State taxes authorized under subsection
25		(2) of this Section for a separate redevelopment project area
26		that does not overlap in any way with the State Sales Tax

HB3855 Engrossed - 481 - LRB100 05985 AMC 16014 b
1		Boundary receiving payments of State taxes pursuant to
2		subsection (1) of this Section.
3		A certified copy of such ordinance shall be submitted by
4		the municipality to the Department of Commerce and Economic
5		Opportunity and the Department of Revenue not later than 30
6		days after the effective date of the ordinance. Upon submission
7		of the ordinances, and the information required pursuant to
8		subsection 3 of this Section, the Department of Revenue shall
9		promptly determine the amount of such taxes paid under the
10		Retailers' Occupation Tax Act, Use Tax Act, Service Use Tax
11		Act, the Service Occupation Tax Act, the Municipal Retailers'
12		Occupation Tax Act and the Municipal Service Occupation Tax Act
13		by retailers and servicemen on transactions at places located
14		in the redevelopment project area during the base year, and
15		shall certify all the foregoing "initial sales tax amounts" to
16		the municipality within 60 days of submission of the list
17		required of subsection (3)(a) of this Section.
18		If a retailer or serviceman with a place of business
19		located within a redevelopment project area also has one or
20		more other places of business within the municipality but
21		outside the redevelopment project area, the retailer or
22		serviceman shall, upon request of the Department of Revenue,
23		certify to the Department of Revenue the amount of taxes paid
24		pursuant to the Retailers' Occupation Tax Act, the Municipal
25		Retailers' Occupation Tax Act, the Service Occupation Tax Act
26		and the Municipal Service Occupation Tax Act at each place of

HB3855 Engrossed - 482 - LRB100 05985 AMC 16014 b
1		business which is located within the redevelopment project area
2		in the manner and for the periods of time requested by the
3		Department of Revenue.
4		When the municipality determines that a portion of an
5		increase in the aggregate amount of taxes paid by retailers and
6		servicemen under the Retailers' Occupation Tax Act, Use Tax
7		Act, Service Use Tax Act, or the Service Occupation Tax Act is
8		the result of a retailer or serviceman initiating retail or
9		service operations in the redevelopment project area by such
10		retailer or serviceman with a resulting termination of retail
11		or service operations by such retailer or serviceman at another
12		location in Illinois in the standard metropolitan statistical
13		area of such municipality, the Department of Revenue shall be
14		notified that the retailers occupation tax liability, use tax
15		liability, service occupation tax liability, or service use tax
16		liability from such retailer's or serviceman's terminated
17		operation shall be included in the base Initial Sales Tax
18		Amounts from which the State Sales Tax Increment is calculated
19		for purposes of State payments to the affected municipality;
20		provided, however, for purposes of this paragraph
21		"termination" shall mean a closing of a retail or service
22		operation which is directly related to the opening of the same
23		retail or service operation in a redevelopment project area
24		which is included within a State Sales Tax Boundary, but it
25		shall not include retail or service operations closed for
26		reasons beyond the control of the retailer or serviceman, as

HB3855 Engrossed - 483 - LRB100 05985 AMC 16014 b
1		determined by the Department.
2		If the municipality makes the determination referred to in
3		the prior paragraph and notifies the Department and if the
4		relocation is from a location within the municipality, the
5		Department, at the request of the municipality, shall adjust
6		the certified aggregate amount of taxes that constitute the
7		Municipal Sales Tax Increment paid by retailers and servicemen
8		on transactions at places of business located within the State
9		Sales Tax Boundary during the base year using the same
10		procedures as are employed to make the adjustment referred to
11		in the prior paragraph. The adjusted Municipal Sales Tax
12		Increment calculated by the Department shall be sufficient to
13		satisfy the requirements of subsection (1) of this Section.
14		When a municipality which has adopted tax increment
15		allocation financing in 1986 determines that a portion of the
16		aggregate amount of taxes paid by retailers and servicemen
17		under the Retailers Occupation Tax Act, Use Tax Act, Service
18		Use Tax Act, or Service Occupation Tax Act, the Municipal
19		Retailers' Occupation Tax Act and the Municipal Service
20		Occupation Tax Act, includes revenue of a retailer or
21		serviceman which terminated retailer or service operations in
22		1986, prior to the adoption of tax increment allocation
23		financing, the Department of Revenue shall be notified by such
24		municipality that the retailers' occupation tax liability, use
25		tax liability, service occupation tax liability or service use
26		tax liability, from such retailer's or serviceman's terminated

HB3855 Engrossed - 484 - LRB100 05985 AMC 16014 b
1		operations shall be excluded from the Initial Sales Tax Amounts
2		for such taxes. The revenue from any such retailer or
3		serviceman which is excluded from the base year under this
4		paragraph, shall not be included in calculating incremental
5		revenues if such retailer or serviceman reestablishes such
6		business in the redevelopment project area.
7		For State fiscal year 1992, the Department of Revenue shall
8		budget, and the Illinois General Assembly shall appropriate
9		from the Illinois Tax Increment Fund in the State treasury, an
10		amount not to exceed $18,000,000 to pay to each eligible
11		municipality the Net State Sales Tax Increment to which such
12		municipality is entitled.
13		Beginning on January 1, 1993, each municipality's
14		proportional share of the Illinois Tax Increment Fund shall be
15		determined by adding the annual Net State Sales Tax Increment
16		and the annual Net Utility Tax Increment to determine the
17		Annual Total Increment. The ratio of the Annual Total Increment
18		of each municipality to the Annual Total Increment for all
19		municipalities, as most recently calculated by the Department,
20		shall determine the proportional shares of the Illinois Tax
21		Increment Fund to be distributed to each municipality.
22		Beginning in October, 1993, and each January, April, July
23		and October thereafter, the Department of Revenue shall certify
24		to the Treasurer and the Comptroller the amounts payable
25		quarter annually during the fiscal year to each municipality
26		under this Section. The Comptroller shall promptly then draw

HB3855 Engrossed - 485 - LRB100 05985 AMC 16014 b
1		warrants, ordering the State Treasurer to pay such amounts from
2		the Illinois Tax Increment Fund in the State treasury.
3		The Department of Revenue shall utilize the same periods
4		established for determining State Sales Tax Increment to
5		determine the Municipal Sales Tax Increment for the area within
6		a State Sales Tax Boundary and certify such amounts to such
7		municipal treasurer who shall transfer such amounts to the
8		special tax allocation fund.
9		The provisions of this subsection (1) do not apply to
10		additional municipal retailers' occupation or service
11		occupation taxes imposed by municipalities using their home
12		rule powers or imposed pursuant to Sections 8-11-1.3, 8-11-1.4
13		and 8-11-1.5 of this Act. A municipality shall not receive from
14		the State any share of the Illinois Tax Increment Fund unless
15		such municipality deposits all its Municipal Sales Tax
16		Increment and the local incremental real property tax revenues,
17		as provided herein, into the appropriate special tax allocation
18		fund. If, however, a municipality has extended the estimated
19		dates of completion of the redevelopment project and retirement
20		of obligations to finance redevelopment project costs by
21		municipal ordinance to December 31, 2013 under subsection (n)
22		of Section 11-74.4-3, then that municipality shall continue to
23		receive from the State a share of the Illinois Tax Increment
24		Fund so long as the municipality deposits, from any funds
25		available, excluding funds in the special tax allocation fund,
26		an amount equal to the municipal share of the real property tax

HB3855 Engrossed - 486 - LRB100 05985 AMC 16014 b
1		increment revenues into the special tax allocation fund during
2		the extension period. The amount to be deposited by the
3		municipality in each of the tax years affected by the extension
4		to December 31, 2013 shall be equal to the municipal share of
5		the property tax increment deposited into the special tax
6		allocation fund by the municipality for the most recent year
7		that the property tax increment was distributed. A municipality
8		located within an economic development project area created
9		under the County Economic Development Project Area Property Tax
10		Allocation Act which has abated any portion of its property
11		taxes which otherwise would have been deposited in its special
12		tax allocation fund shall not receive from the State the Net
13		Sales Tax Increment.
14		(2) A municipality which has adopted tax increment
15		allocation financing with regard to an industrial park or
16		industrial park conservation area, prior to January 1, 1988,
17		may by ordinance authorize the Department of Revenue to
18		annually certify and pay from the Illinois Tax Increment Fund
19		to such municipality for deposit in the municipality's special
20		tax allocation fund an amount equal to the Net State Utility
21		Tax Increment. Provided that for purposes of this Section no
22		amendments adding additional area to the redevelopment project
23		area shall be taken into account if such amendments are adopted
24		by the municipality after January 1, 1988. Municipalities
25		adopting an ordinance under this subsection (2) of this Section
26		for a redevelopment project area shall not be entitled to

HB3855 Engrossed - 487 - LRB100 05985 AMC 16014 b
1		payment of State taxes authorized under subsection (1) of this
2		Section for the same redevelopment project area which is within
3		a State Sales Tax Boundary. Nothing herein shall be construed
4		to prevent a municipality from receiving payment of State taxes
5		authorized under subsection (1) of this Section for a separate
6		redevelopment project area within a State Sales Tax Boundary
7		that does not overlap in any way with the redevelopment project
8		area receiving payments of State taxes pursuant to subsection
9		(2) of this Section.
10		A certified copy of such ordinance shall be submitted to
11		the Department of Commerce and Economic Opportunity and the
12		Department of Revenue not later than 30 days after the
13		effective date of the ordinance.
14		When a municipality determines that a portion of an
15		increase in the aggregate amount of taxes paid by industrial or
16		commercial facilities under the Public Utilities Act, is the
17		result of an industrial or commercial facility initiating
18		operations in the redevelopment project area with a resulting
19		termination of such operations by such industrial or commercial
20		facility at another location in Illinois, the Department of
21		Revenue shall be notified by such municipality that such
22		industrial or commercial facility's liability under the Public
23		Utility Tax Act shall be included in the base from which tax
24		increments are calculated for purposes of State payments to the
25		affected municipality.
26		After receipt of the calculations by the public utility as

HB3855 Engrossed - 488 - LRB100 05985 AMC 16014 b
1		required by subsection (4) of this Section, the Department of
2		Revenue shall annually budget and the Illinois General Assembly
3		shall annually appropriate from the General Revenue Fund
4		through State Fiscal Year 1989, and thereafter from the
5		Illinois Tax Increment Fund, an amount sufficient to pay to
6		each eligible municipality the amount of incremental revenue
7		attributable to State electric and gas taxes as reflected by
8		the charges imposed on persons in the project area to which
9		such municipality is entitled by comparing the preceding
10		calendar year with the base year as determined by this Section.
11		Beginning on January 1, 1993, each municipality's proportional
12		share of the Illinois Tax Increment Fund shall be determined by
13		adding the annual Net State Utility Tax Increment and the
14		annual Net Utility Tax Increment to determine the Annual Total
15		Increment. The ratio of the Annual Total Increment of each
16		municipality to the Annual Total Increment for all
17		municipalities, as most recently calculated by the Department,
18		shall determine the proportional shares of the Illinois Tax
19		Increment Fund to be distributed to each municipality.
20		A municipality shall not receive any share of the Illinois
21		Tax Increment Fund from the State unless such municipality
22		imposes the maximum municipal charges authorized pursuant to
23		Section 9-221 of the Public Utilities Act and deposits all
24		municipal utility tax incremental revenues as certified by the
25		public utilities, and all local real estate tax increments into
26		such municipality's special tax allocation fund.

HB3855 Engrossed - 489 - LRB100 05985 AMC 16014 b
1		(3) Within 30 days after the adoption of the ordinance
2		required by either subsection (1) or subsection (2) of this
3		Section, the municipality shall transmit to the Department of
4		Commerce and Economic Opportunity and the Department of Revenue
5		the following:
6		(a) if applicable, a certified copy of the ordinance
7		required by subsection (1) accompanied by a complete list
8		of street names and the range of street numbers of each
9		street located within the redevelopment project area for
10		which payments are to be made under this Section in both
11		the base year and in the year preceding the payment year;
12		and the addresses of persons registered with the Department
13		of Revenue; and, the name under which each such retailer or
14		serviceman conducts business at that address, if different
15		from the corporate name; and the Illinois Business Tax
16		Number of each such person (The municipality shall update
17		this list in the event of a revision of the redevelopment
18		project area, or the opening or closing or name change of
19		any street or part thereof in the redevelopment project
20		area, or if the Department of Revenue informs the
21		municipality of an addition or deletion pursuant to the
22		monthly updates given by the Department.);
23		(b) if applicable, a certified copy of the ordinance
24		required by subsection (2) accompanied by a complete list
25		of street names and range of street numbers of each street
26		located within the redevelopment project area, the utility

HB3855 Engrossed - 490 - LRB100 05985 AMC 16014 b
1		customers in the project area, and the utilities serving
2		the redevelopment project areas;
3		(c) certified copies of the ordinances approving the
4		redevelopment plan and designating the redevelopment
5		project area;
6		(d) a copy of the redevelopment plan as approved by the
7		municipality;
8		(e) an opinion of legal counsel that the municipality
9		had complied with the requirements of this Act; and
10		(f) a certification by the chief executive officer of
11		the municipality that with regard to a redevelopment
12		project area: (1) the municipality has committed all of the
13		municipal tax increment created pursuant to this Act for
14		deposit in the special tax allocation fund, (2) the
15		redevelopment projects described in the redevelopment plan
16		would not be completed without the use of State incremental
17		revenues pursuant to this Act, (3) the municipality will
18		pursue the implementation of the redevelopment plan in an
19		expeditious manner, (4) the incremental revenues created
20		pursuant to this Section will be exclusively utilized for
21		the development of the redevelopment project area, and (5)
22		the increased revenue created pursuant to this Section
23		shall be used exclusively to pay redevelopment project
24		costs as defined in this Act.
25		(4) The Department of Revenue upon receipt of the
26		information set forth in paragraph (b) of subsection (3) shall

HB3855 Engrossed - 491 - LRB100 05985 AMC 16014 b
1		immediately forward such information to each public utility
2		furnishing natural gas or electricity to buildings within the
3		redevelopment project area. Upon receipt of such information,
4		each public utility shall promptly:
5		(a) provide to the Department of Revenue and the
6		municipality separate lists of the names and addresses of
7		persons within the redevelopment project area receiving
8		natural gas or electricity from such public utility. Such
9		list shall be updated as necessary by the public utility.
10		Each month thereafter the public utility shall furnish the
11		Department of Revenue and the municipality with an itemized
12		listing of charges imposed pursuant to Sections 9-221 and
13		9-222 of the Public Utilities Act on persons within the
14		redevelopment project area.
15		(b) determine the amount of charges imposed pursuant to
16		Sections 9-221 and 9-222 of the Public Utilities Act on
17		persons in the redevelopment project area during the base
18		year, both as a result of municipal taxes on electricity
19		and gas and as a result of State taxes on electricity and
20		gas and certify such amounts both to the municipality and
21		the Department of Revenue; and
22		(c) determine the amount of charges imposed pursuant to
23		Sections 9-221 and 9-222 of the Public Utilities Act on
24		persons in the redevelopment project area on a monthly
25		basis during the base year, both as a result of State and
26		municipal taxes on electricity and gas and certify such

HB3855 Engrossed - 492 - LRB100 05985 AMC 16014 b
1		separate amounts both to the municipality and the
2		Department of Revenue.
3		After the determinations are made in paragraphs (b) and
4		(c), the public utility shall monthly during the existence of
5		the redevelopment project area notify the Department of Revenue
6		and the municipality of any increase in charges over the base
7		year determinations made pursuant to paragraphs (b) and (c).
8		(5) The payments authorized under this Section shall be
9		deposited by the municipal treasurer in the special tax
10		allocation fund of the municipality, which for accounting
11		purposes shall identify the sources of each payment as:
12		municipal receipts from the State retailers occupation,
13		service occupation, use and service use taxes; and municipal
14		public utility taxes charged to customers under the Public
15		Utilities Act and State public utility taxes charged to
16		customers under the Public Utilities Act.
17		(6) Before the effective date of this amendatory Act of the
18		91st General Assembly, any municipality receiving payments
19		authorized under this Section for any redevelopment project
20		area or area within a State Sales Tax Boundary within the
21		municipality shall submit to the Department of Revenue and to
22		the taxing districts which are sent the notice required by
23		Section 6 of this Act annually within 180 days after the close
24		of each municipal fiscal year the following information for the
25		immediately preceding fiscal year:
26		(a) Any amendments to the redevelopment plan, the

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1		redevelopment project area, or the State Sales Tax
2		Boundary.
3		(b) Audited financial statements of the special tax
4		allocation fund.
5		(c) Certification of the Chief Executive Officer of the
6		municipality that the municipality has complied with all of
7		the requirements of this Act during the preceding fiscal
8		year.
9		(d) An opinion of legal counsel that the municipality
10		is in compliance with this Act.
11		(e) An analysis of the special tax allocation fund
12		which sets forth:
13		(1) the balance in the special tax allocation fund
14		at the beginning of the fiscal year;
15		(2) all amounts deposited in the special tax
16		allocation fund by source;
17		(3) all expenditures from the special tax
18		allocation fund by category of permissible
19		redevelopment project cost; and
20		(4) the balance in the special tax allocation fund
21		at the end of the fiscal year including a breakdown of
22		that balance by source. Such ending balance shall be
23		designated as surplus if it is not required for
24		anticipated redevelopment project costs or to pay debt
25		service on bonds issued to finance redevelopment
26		project costs, as set forth in Section 11-74.4-7

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1		hereof.
2		(f) A description of all property purchased by the
3		municipality within the redevelopment project area
4		including:
5		1. Street address
6		2. Approximate size or description of property
7		3. Purchase price
8		4. Seller of property.
9		(g) A statement setting forth all activities
10		undertaken in furtherance of the objectives of the
11		redevelopment plan, including:
12		1. Any project implemented in the preceding fiscal
13		year
14		2. A description of the redevelopment activities
15		undertaken
16		3. A description of any agreements entered into by
17		the municipality with regard to the disposition or
18		redevelopment of any property within the redevelopment
19		project area or the area within the State Sales Tax
20		Boundary.
21		(h) With regard to any obligations issued by the
22		municipality:
23		1. copies of bond ordinances or resolutions
24		2. copies of any official statements
25		3. an analysis prepared by financial advisor or
26		underwriter setting forth: (a) nature and term of

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1		obligation; and (b) projected debt service including
2		required reserves and debt coverage.
3		(i) A certified audit report reviewing compliance with
4		this statute performed by an independent public accountant
5		certified and licensed by the authority of the State of
6		Illinois. The financial portion of the audit must be
7		conducted in accordance with Standards for Audits of
8		Governmental Organizations, Programs, Activities, and
9		Functions adopted by the Comptroller General of the United
10		States (1981), as amended. The audit report shall contain a
11		letter from the independent certified public accountant
12		indicating compliance or noncompliance with the
13		requirements of subsection (q) of Section 11-74.4-3. If the
14		audit indicates that expenditures are not in compliance
15		with the law, the Department of Revenue shall withhold
16		State sales and utility tax increment payments to the
17		municipality until compliance has been reached, and an
18		amount equal to the ineligible expenditures has been
19		returned to the Special Tax Allocation Fund.
20		(6.1) After July 29, 1988 and before the effective date of
21		this amendatory Act of the 91st General Assembly, any funds
22		which have not been designated for use in a specific
23		development project in the annual report shall be designated as
24		surplus. No funds may be held in the Special Tax Allocation
25		Fund for more than 36 months from the date of receipt unless
26		the money is required for payment of contractual obligations

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1		for specific development project costs. If held for more than
2		36 months in violation of the preceding sentence, such funds
3		shall be designated as surplus. Any funds designated as surplus
4		must first be used for early redemption of any bond
5		obligations. Any funds designated as surplus which are not
6		disposed of as otherwise provided in this paragraph, shall be
7		distributed as surplus as provided in Section 11-74.4-7.
8		(7) Any appropriation made pursuant to this Section for the
9		1987 State fiscal year shall not exceed the amount of $7
10		million and for the 1988 State fiscal year the amount of $10
11		million. The amount which shall be distributed to each
12		municipality shall be the incremental revenue to which each
13		municipality is entitled as calculated by the Department of
14		Revenue, unless the requests of the municipality exceed the
15		appropriation, then the amount to which each municipality shall
16		be entitled shall be prorated among the municipalities in the
17		same proportion as the increment to which the municipality
18		would be entitled bears to the total increment which all
19		municipalities would receive in the absence of this limitation,
20		provided that no municipality may receive an amount in excess
21		of 15% of the appropriation. For the 1987 Net State Sales Tax
22		Increment payable in Fiscal Year 1989, no municipality shall
23		receive more than 7.5% of the total appropriation; provided,
24		however, that any of the appropriation remaining after such
25		distribution shall be prorated among municipalities on the
26		basis of their pro rata share of the total increment. Beginning

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1		on January 1, 1993, each municipality's proportional share of
2		the Illinois Tax Increment Fund shall be determined by adding
3		the annual Net State Sales Tax Increment and the annual Net
4		Utility Tax Increment to determine the Annual Total Increment.
5		The ratio of the Annual Total Increment of each municipality to
6		the Annual Total Increment for all municipalities, as most
7		recently calculated by the Department, shall determine the
8		proportional shares of the Illinois Tax Increment Fund to be
9		distributed to each municipality.
10		(7.1) No distribution of Net State Sales Tax Increment to a
11		municipality for an area within a State Sales Tax Boundary
12		shall exceed in any State Fiscal Year an amount equal to 3
13		times the sum of the Municipal Sales Tax Increment, the real
14		property tax increment and deposits of funds from other
15		sources, excluding state and federal funds, as certified by the
16		city treasurer to the Department of Revenue for an area within
17		a State Sales Tax Boundary. After July 29, 1988, for those
18		municipalities which issue bonds between June 1, 1988 and 3
19		years from July 29, 1988 to finance redevelopment projects
20		within the area in a State Sales Tax Boundary, the distribution
21		of Net State Sales Tax Increment during the 16th through 20th
22		years from the date of issuance of the bonds shall not exceed
23		in any State Fiscal Year an amount equal to 2 times the sum of
24		the Municipal Sales Tax Increment, the real property tax
25		increment and deposits of funds from other sources, excluding
26		State and federal funds.

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1		(8) Any person who knowingly files or causes to be filed
2		false information for the purpose of increasing the amount of
3		any State tax incremental revenue commits a Class A
4		misdemeanor.
5		(9) The following procedures shall be followed to determine
6		whether municipalities have complied with the Act for the
7		purpose of receiving distributions after July 1, 1989 pursuant
8		to subsection (1) of this Section 11-74.4-8a.
9		(a) The Department of Revenue shall conduct a
10		preliminary review of the redevelopment project areas and
11		redevelopment plans pertaining to those municipalities
12		receiving payments from the State pursuant to subsection
13		(1) of Section 8a of this Act for the purpose of
14		determining compliance with the following standards:
15		(1) For any municipality with a population of more
16		than 12,000 as determined by the 1980 U.S. Census: (a)
17		the redevelopment project area, or in the case of a
18		municipality which has more than one redevelopment
19		project area, each such area, must be contiguous and
20		the total of all such areas shall not comprise more
21		than 25% of the area within the municipal boundaries
22		nor more than 20% of the equalized assessed value of
23		the municipality; (b) the aggregate amount of 1985
24		taxes in the redevelopment project area, or in the case
25		of a municipality which has more than one redevelopment
26		project area, the total of all such areas, shall be not

HB3855 Engrossed - 499 - LRB100 05985 AMC 16014 b
1		more than 25% of the total base year taxes paid by
2		retailers and servicemen on transactions at places of
3		business located within the municipality under the
4		Retailers' Occupation Tax Act, the Use Tax Act, the
5		Service Use Tax Act, and the Service Occupation Tax
6		Act. Redevelopment project areas created prior to 1986
7		are not subject to the above standards if their
8		boundaries were not amended in 1986.
9		(2) For any municipality with a population of
10		12,000 or less as determined by the 1980 U.S. Census:
11		(a) the redevelopment project area, or in the case of a
12		municipality which has more than one redevelopment
13		project area, each such area, must be contiguous and
14		the total of all such areas shall not comprise more
15		than 35% of the area within the municipal boundaries
16		nor more than 30% of the equalized assessed value of
17		the municipality; (b) the aggregate amount of 1985
18		taxes in the redevelopment project area, or in the case
19		of a municipality which has more than one redevelopment
20		project area, the total of all such areas, shall not be
21		more than 35% of the total base year taxes paid by
22		retailers and servicemen on transactions at places of
23		business located within the municipality under the
24		Retailers' Occupation Tax Act, the Use Tax Act, the
25		Service Use Tax Act, and the Service Occupation Tax
26		Act. Redevelopment project areas created prior to 1986

HB3855 Engrossed - 500 - LRB100 05985 AMC 16014 b
1		are not subject to the above standards if their
2		boundaries were not amended in 1986.
3		(3) Such preliminary review of the redevelopment
4		project areas applying the above standards shall be
5		completed by November 1, 1988, and on or before
6		November 1, 1988, the Department shall notify each
7		municipality by certified mail, return receipt
8		requested that either (1) the Department requires
9		additional time in which to complete its preliminary
10		review; or (2) the Department is issuing either (a) a
11		Certificate of Eligibility or (b) a Notice of Review.
12		If the Department notifies a municipality that it
13		requires additional time to complete its preliminary
14		investigation, it shall complete its preliminary
15		investigation no later than February 1, 1989, and by
16		February 1, 1989 shall issue to each municipality
17		either (a) a Certificate of Eligibility or (b) a Notice
18		of Review. A redevelopment project area for which a
19		Certificate of Eligibility has been issued shall be
20		deemed a "State Sales Tax Boundary."
21		(4) The Department of Revenue shall also issue a
22		Notice of Review if the Department has received a
23		request by November 1, 1988 to conduct such a review
24		from taxpayers in the municipality, local taxing
25		districts located in the municipality or the State of
26		Illinois, or if the redevelopment project area has more

HB3855 Engrossed - 501 - LRB100 05985 AMC 16014 b
1		than 5 retailers and has had growth in State sales tax
2		revenue of more than 15% from calendar year 1985 to
3		1986.
4		(b) For those municipalities receiving a Notice of
5		Review, the Department will conduct a secondary review
6		consisting of: (i) application of the above standards
7		contained in subsection (9)(a)(1)(a) and (b) or
8		(9)(a)(2)(a) and (b), and (ii) the definitions of blighted
9		and conservation area provided for in Section 11-74.4-3.
10		Such secondary review shall be completed by July 1, 1989.
11		Upon completion of the secondary review, the
12		Department will issue (a) a Certificate of Eligibility or
13		(b) a Preliminary Notice of Deficiency. Any municipality
14		receiving a Preliminary Notice of Deficiency may amend its
15		redevelopment project area to meet the standards and
16		definitions set forth in this paragraph (b). This amended
17		redevelopment project area shall become the "State Sales
18		Tax Boundary" for purposes of determining the State Sales
19		Tax Increment.
20		(c) If the municipality advises the Department of its
21		intent to comply with the requirements of paragraph (b) of
22		this subsection outlined in the Preliminary Notice of
23		Deficiency, within 120 days of receiving such notice from
24		the Department, the municipality shall submit
25		documentation to the Department of the actions it has taken
26		to cure any deficiencies. Thereafter, within 30 days of the

HB3855 Engrossed - 502 - LRB100 05985 AMC 16014 b
1		receipt of the documentation, the Department shall either
2		issue a Certificate of Eligibility or a Final Notice of
3		Deficiency. If the municipality fails to advise the
4		Department of its intent to comply or fails to submit
5		adequate documentation of such cure of deficiencies the
6		Department shall issue a Final Notice of Deficiency that
7		provides that the municipality is ineligible for payment of
8		the Net State Sales Tax Increment.
9		(d) If the Department issues a final determination of
10		ineligibility, the municipality shall have 30 days from the
11		receipt of determination to protest and request a hearing.
12		Such hearing shall be conducted in accordance with Sections
13		10-25, 10-35, 10-40, and 10-50 of the Illinois
14		Administrative Procedure Act. The decision following the
15		hearing shall be subject to review under the Administrative
16		Review Law.
17		(e) Any Certificate of Eligibility issued pursuant to
18		this subsection 9 shall be binding only on the State for
19		the purposes of establishing municipal eligibility to
20		receive revenue pursuant to subsection (1) of this Section
21		11-74.4-8a.
22		(f) It is the intent of this subsection that the
23		periods of time to cure deficiencies shall be in addition
24		to all other periods of time permitted by this Section,
25		regardless of the date by which plans were originally
26		required to be adopted. To cure said deficiencies, however,

HB3855 Engrossed - 503 - LRB100 05985 AMC 16014 b
1		the municipality shall be required to follow the procedures
2		and requirements pertaining to amendments, as provided in
3		Sections 11-74.4-5 and 11-74.4-6 of this Act.
4		(10) If a municipality adopts a State Sales Tax Boundary in
5		accordance with the provisions of subsection (9) of this
6		Section, such boundaries shall subsequently be utilized to
7		determine Revised Initial Sales Tax Amounts and the Net State
8		Sales Tax Increment; provided, however, that such revised State
9		Sales Tax Boundary shall not have any effect upon the boundary
10		of the redevelopment project area established for the purposes
11		of determining the ad valorem taxes on real property pursuant
12		to Sections 11-74.4-7 and 11-74.4-8 of this Act nor upon the
13		municipality's authority to implement the redevelopment plan
14		for that redevelopment project area. For any redevelopment
15		project area with a smaller State Sales Tax Boundary within its
16		area, the municipality may annually elect to deposit the
17		Municipal Sales Tax Increment for the redevelopment project
18		area in the special tax allocation fund and shall certify the
19		amount to the Department prior to receipt of the Net State
20		Sales Tax Increment. Any municipality required by subsection
21		(9) to establish a State Sales Tax Boundary for one or more of
22		its redevelopment project areas shall submit all necessary
23		information required by the Department concerning such
24		boundary and the retailers therein, by October 1, 1989, after
25		complying with the procedures for amendment set forth in
26		Sections 11-74.4-5 and 11-74.4-6 of this Act. Net State Sales

HB3855 Engrossed - 504 - LRB100 05985 AMC 16014 b
1		Tax Increment produced within the State Sales Tax Boundary
2		shall be spent only within that area. However expenditures of
3		all municipal property tax increment and municipal sales tax
4		increment in a redevelopment project area are not required to
5		be spent within the smaller State Sales Tax Boundary within
6		such redevelopment project area.
7		(11) The Department of Revenue shall have the authority to
8		issue rules and regulations for purposes of this Section. and
9		regulations for purposes of this Section.
10		(12) If, under Section 5.4.1 of the Illinois Enterprise
11		Zone Act, a municipality determines that property that lies
12		within a State Sales Tax Boundary has an improvement,
13		rehabilitation, or renovation that is entitled to a property
14		tax abatement, then that property along with any improvements,
15		rehabilitation, or renovations shall be immediately removed
16		from any State Sales Tax Boundary. The municipality that made
17		the determination shall notify the Department of Revenue within
18		30 days after the determination. Once a property is removed
19		from the State Sales Tax Boundary because of the existence of a
20		property tax abatement resulting from an enterprise zone, then
21		that property shall not be permitted to be amended into a State
22		Sales Tax Boundary.
23		(Source: P.A. 94-793, eff. 5-19-06; revised 9-21-16.)
24		(65 ILCS 5/11-102-2) (from Ch. 24, par. 11-102-2)
25		Sec. 11-102-2. Every municipality specified in Section

HB3855 Engrossed - 505 - LRB100 05985 AMC 16014 b
1		11-102-1 may purchase, construct, reconstruct, expand and
2		improve landing fields, landing strips, landing floats,
3		hangars hangers, terminal buildings and other structures
4		relating thereto and may provide terminal facilities for public
5		airports; may construct, reconstruct and improve causeways,
6		roadways, and bridges for approaches to or connections with the
7		landing fields, landing strips and landing floats; and may
8		construct and maintain breakwaters for the protection of such
9		airports with a water front. Before any work of construction is
10		commenced in, over or upon any public waters of the state, the
11		plans and specifications therefor shall be submitted to and
12		approved by the Department of Transportation of the state.
13		Submission to and approval by the Department of Transportation
14		is not required for any work or construction undertaken as part
15		of the O'Hare Modernization Program as defined in Section 10 of
16		the O'Hare Modernization Act.
17		(Source: P.A. 93-450, eff. 8-6-03; revised 10-26-16.)
18		Section 285. The Fire Protection District Act is amended by
19		renumbering Section 11l as follows:
20		(70 ILCS 705/11m)
21		Sec. 11m 11l. Enforcement of the Fire Investigation Act.
22		(a) The fire chief has the authority to enforce the
23		provisions of any rules adopted by the State Fire Marshal under
24		the provisions of the Fire Investigation Act or to carry out

HB3855 Engrossed - 506 - LRB100 05985 AMC 16014 b
1		the duties imposed on local officers under Section 9 of the
2		Fire Investigation Act as provided in this Section.
3		(b) In the event that a fire chief determines that a
4		dangerous condition or fire hazard is found to exist contrary
5		to the rules referred to in Section 9 of the Fire Investigation
6		Act, or if a dangerous condition or fire hazard is found to
7		exist as specified in the first paragraph of Section 9 of the
8		Fire Investigation Act, the fire chief shall order the
9		dangerous condition or fire hazard removed or remedied and
10		shall so notify the owner, occupant, or other interested person
11		in the premises. Service of the notice upon the owner,
12		occupant, or other interested person may be made in person or
13		by registered or certified mail. If the owner, occupant, or
14		other interested person cannot be located by the fire chief,
15		the fire chief may post the order upon the premises where the
16		dangerous condition or fire hazard exists.
17		(c) In the event that a fire chief determines that the
18		dangerous condition or fire hazard which has been found to
19		exist places persons occupying or present in the premises at
20		risk of imminent bodily injury or serious harm, the fire chief
21		may, as part of the order issued under subsection (b), order
22		that the premises where such condition or fire hazard exists be
23		immediately vacated and not be occupied until the fire chief
24		inspects the premises and issues a notice that the dangerous
25		condition or fire hazard is no longer present and that the
26		premises may be occupied. An order under this subsection (c)

HB3855 Engrossed - 507 - LRB100 05985 AMC 16014 b
1		shall be effective immediately and notice of the order may be
2		given by the fire chief by posting the order at premises where
3		the dangerous condition or fire hazard exists.
4		(d) In the event an owner, occupant, or other interested
5		person fails to comply with an order issued by a fire chief
6		under subsections (b) or (c), the fire chief may refer the
7		order to the State's Attorney. The State's Attorney may apply
8		to the circuit court for enforcement of the order of the fire
9		chief, as issued by the fire chief or as modified by the
10		circuit court, under the provisions of Article XI of the Code
11		of Civil Procedure by temporary restraining order, preliminary
12		injunction or permanent injunction, provided, however, that no
13		bond shall be required by the court under Section 11-103 of the
14		Code of Civil Procedure and no damages may be assessed by the
15		court under Section 11-110 of the Code of Civil Procedure.
16		(e) The provisions of this Section are supplementary to the
17		provisions of the Fire Investigation Act and do not limit the
18		authority of any fire chief or other local officers charged
19		with the responsibility of investigating fires under Section 9
20		of the Fire Investigation Act or any other law or limit the
21		authority of the State Fire Marshal under the Fire
22		Investigation Act or any other law.
23		(Source: P.A. 99-811, eff. 8-15-16; revised 10-19-16.)
24		Section 290. The Park District Code is amended by changing
25		Section 9-2c as follows:

HB3855 Engrossed - 508 - LRB100 05985 AMC 16014 b
1		(70 ILCS 1205/9-2c) (from Ch. 105, par. 9-2c)
2		Sec. 9-2c. Whenever the proposition is submitted to the
3		voters of any park district to levy a tax for the purpose of
4		acquiring, constructing, maintaining, and operating airports
5		and landing fields for aircraft as provided in Section 9-2b,
6		and a majority of the votes cast upon the proposition is in
7		favor of the levy of such tax, the board of any such park
8		district may provide that bonds of such park district be issued
9		for the purpose of acquiring and constructing airports and
10		landing fields for aircraft, or for the purpose of improving
11		and extending such facilities when constructed. The bonds shall
12		be authorized by ordinance of the board, shall mature serially
13		in not to exceed 20 years from their date, and bear such rate
14		of interest as the board may determine, not, however, to exceed
15		the maximum rate authorized by the Bond Authorization Act, as
16		amended at the time of the making of the contract, payable
17		semi-annually, and shall be sold by the board as it may
18		determine but for not less than the par value thereof and
19		accrued interest. The bonds shall be signed by the president
20		(or such official as the board may designate) and secretary and
21		countersigned by the treasurer with the corporate seal of the
22		district affixed. The bonds shall be authorized by the board of
23		the district by ordinance which shall fix all the details of
24		the bonds and provide for a levy of a tax sufficient to pay the
25		principal of and interest on the bonds as they mature. A

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1		certified copy of the ordinance shall be filed in the office of
2		the clerk of the county wherein the park district is situated,
3		and the county clerk shall extend a tax sufficient to pay the
4		principal of and interest on the bonds as they mature without
5		limitation as to rate or amount, and the county clerk shall
6		reduce the tax rate levied by the district pursuant to Section
7		9-2b by the amount of the rate extended for payment of
8		principal and interest of the bonds. The clerk shall extend the
9		tax as provided in Section 6-6. If the rate necessary to be
10		extended for the payment of principal and interest of the bonds
11		exceeds the rate authorized to be levied by the district,
12		pursuant to Section 9-2b, then the rate of tax for the payment
13		of bonds and interest only shall be extended. Where the
14		district is situated in more than one county the tax shall be
15		certified, apportioned and levied as provided in Section 5-4.
16		Notwithstanding the foregoing, after July 28, 1969, any park
17		district may issue bonds under this Section for the purpose of
18		maintaining, improving or replacing its existing airport
19		facilities or landing fields to the extent required to conform
20		to the standards of the Department of Transportation or of any
21		appropriate federal agency relating to a State or of federal
22		airports plan or airways system. If such bonds are issued the
23		tax levied for the payment of principal and interest of the
24		bonds as they mature shall be in addition to that levied by the
25		district under Section 9-2b and the county clerk shall extend
26		both taxes accordingly. The aggregate principal amount of bonds

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1		issued under this Section that may be outstanding at any time
2		may not exceed 1/2 of 1% of the aggregate valuation of all
3		taxable property within the district, as equalized or assessed
4		by the Department of Revenue. No bond ordinance may take effect
5		nor may bonds be issued thereunder if the amount of bonds taken
6		with the outstanding principal indebtedness under this Section
7		exceeds the 1/2 of 1% limit unless the question of whether such
8		additional bonds shall be issued is submitted to the legal
9		voters of the district, in the manner provided by Section 6-4,
10		and a majority of those voting on the proposition vote in favor
11		thereof. In no event may the principal aggregate amount of any
12		bonds issued under such ordinance exceed, together with the
13		principal amount of bonds previously issued under this Section
14		and then outstanding, 1 1/4% of the aggregate valuation of all
15		taxable property within the district, as equalized or assessed
16		by the Department of Revenue.
17		Bonds issued under this Section are not a part of the
18		existing indebtedness of a park district for purposes of
19		Article 6 of this Code.
20		With respect to instruments for the payment of money issued
21		under this Section either before, on, or after June 6, 1989
22		(the effective date of Public Act 86-4) this amendatory Act of
23		1989, it is and always has been the intention of the General
24		Assembly (i) that the Omnibus Bond Acts are and always have
25		been supplementary grants of power to issue instruments in
26		accordance with the Omnibus Bond Acts, regardless of any

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1		provision of this Act that may appear to be or to have been
2		more restrictive than those Acts, (ii) that the provisions of
3		this Section are not a limitation on the supplementary
4		authority granted by the Omnibus Bond Acts, and (iii) that
5		instruments issued under this Section within the supplementary
6		authority granted by the Omnibus Bond Acts are not invalid
7		because of any provision of this Act that may appear to be or
8		to have been more restrictive than those Acts.
9		(Source: P.A. 86-494; revised 10-26-16.)
10		Section 295. The Chicago Park District Act is amended by
11		changing Section 26.10-8 as follows:
12		(70 ILCS 1505/26.10-8)
13		Sec. 26.10-8. Procedures for design-build selection.
14		(a) The Chicago Park District must use a two-phase
15		procedure for the selection of the successful design-build
16		entity. Phase I of the procedure will evaluate and shortlist
17		the design-build entities based on qualifications, and Phase II
18		will evaluate the technical and cost proposals.
19		(b) The Chicago Park District shall include in the request
20		for proposal the evaluating factors to be used in Phase I.
21		These factors are in addition to any prequalification
22		requirements of design-build entities that the Chicago Park
23		District has set forth. Each request for proposal shall
24		establish the relative importance assigned to each evaluation

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1		factor and subfactor, including any weighting of criteria to be
2		employed by the Chicago Park District. The Chicago Park
3		District must maintain a record of the evaluation scoring to be
4		disclosed in event of a protest regarding the solicitation.
5		The Chicago Park District shall include the following
6		criteria in every Phase I evaluation of design-build entities:
7		(1) experience of personnel; (2) successful experience with
8		similar project types; (3) financial capability; (4)
9		timeliness of past performance; (5) experience with similarly
10		sized projects; (6) successful reference checks of the firm;
11		(7) commitment to assign personnel for the duration of the
12		project and qualifications of the entity's consultants; and (8)
13		ability or past performance in meeting or exhausting good faith
14		efforts to meet the utilization goals for minority and women
15		business enterprises established by the corporate authorities
16		of the Chicago Park District and in complying with Section
17		2-105 of the Illinois Human Rights Act. The Chicago Park
18		District may include any additional relevant criteria in Phase
19		I that it deems necessary for a proper qualification review.
20		The Chicago Park District may include any additional relevant
21		criteria in Phase I that it deems necessary for a proper
22		qualification review.
23		The Chicago Park District may not consider any design-build
24		entity for evaluation or award if the entity has any pecuniary
25		interest in the project or has other relationships or
26		circumstances, including but not limited to, long-term

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1		leasehold, mutual performance, or development contracts with
2		the Chicago Park District, that may give the design-build
3		entity a financial or tangible advantage over other
4		design-build entities in the preparation, evaluation, or
5		performance of the design-build contract or that create the
6		appearance of impropriety. No design-build proposal shall be
7		considered that does not include an entity's plan to comply
8		with the requirements established in the minority and women
9		business enterprises and economically disadvantaged firms
10		established by the corporate authorities of the Chicago Park
11		District and with Section 2-105 of the Illinois Human Rights
12		Act.
13		Upon completion of the qualifications evaluation, the
14		Chicago Park District shall create a shortlist of the most
15		highly qualified design-build entities. The Chicago Park
16		District, in its discretion, is not required to shortlist the
17		maximum number of entities as identified for Phase II
18		evaluation, provided however, no less than 2 design-build
19		entities nor more than 6 are selected to submit Phase II
20		proposals.
21		The Chicago Park District shall notify the entities
22		selected for the shortlist in writing. This notification shall
23		commence the period for the preparation of the Phase II
24		technical and cost evaluations. The Chicago Park District must
25		allow sufficient time for the shortlist entities to prepare
26		their Phase II submittals considering the scope and detail

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1		requested by the Chicago Park District.
2		(c) The Chicago Park District shall include in the request
3		for proposal the evaluating factors to be used in the technical
4		and cost submission components of Phase II. Each request for
5		proposal shall establish, for both the technical and cost
6		submission components of Phase II, the relative importance
7		assigned to each evaluation factor and subfactor, including any
8		weighting of criteria to be employed by the Chicago Park
9		District. The Chicago Park District must maintain a record of
10		the evaluation scoring to be disclosed in event of a protest
11		regarding the solicitation.
12		The Chicago Park District shall include the following
13		criteria in every Phase II technical evaluation of design-build
14		entities: (1) compliance with objectives of the project; (2)
15		compliance of proposed services to the request for proposal
16		requirements; (3) quality of products or materials proposed;
17		(4) quality of design parameters; (5) design concepts; (6)
18		innovation in meeting the scope and performance criteria; and
19		(7) constructability of the proposed project. The Chicago Park
20		District may include any additional relevant technical
21		evaluation factors it deems necessary for proper selection.
22		The Chicago Park District shall include the following
23		criteria in every Phase II cost evaluation: the guaranteed
24		maximum project cost and the time of completion. The Chicago
25		Park District may include any additional relevant technical
26		evaluation factors it deems necessary for proper selection. The

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1		guaranteed maximum project cost criteria weighing factor shall
2		not exceed 30%.
3		The Chicago Park District shall directly employ or retain a
4		licensed design professional or landscape architect design
5		professional, as appropriate, to evaluate the technical and
6		cost submissions to determine if the technical submissions are
7		in accordance with generally accepted industry standards.
8		Upon completion of the technical submissions and cost
9		submissions evaluation, the Chicago Park District may award the
10		design-build contract to the highest overall ranked entity.
11		(Source: P.A. 96-777, eff. 8-28-09; revised 9-21-16.)
12		Section 300. The Sanitary District Act of 1907 is amended
13		by changing Sections 14.4 and 24 as follows:
14		(70 ILCS 2205/14.4) (from Ch. 42, par. 260.4)
15		Sec. 14.4. The board of trustees of any sanitary district
16		organized under this Act may require that, before any person or
17		municipal corporation connects to the sewage system of the
18		district, the district be permitted to inspect the drainage
19		lines of the person or municipal corporation to determine
20		whether they are adequate and suitable for connection to its
21		sewage system. In addition to the other charges provided for in
22		this Act, the sanitary district may collect a reasonable charge
23		for this inspection service. Funds collected as inspection
24		charges shall be used by the sanitary district for its general

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1		corporate purposes after payment of the costs of making the
2		inspections.
3		(Source: Laws 1967, p. 3287; revised 9-21-16.)
4		(70 ILCS 2205/24) (from Ch. 42, par. 270)
5		Sec. 24. In case any sanitary district organized hereunder,
6		shall include within its limits, in whole or in part, any
7		drainage district or districts organized under the laws of this
8		state having levees, drains or ditches which are conducive to
9		sanitary purposes, such drainage district or districts shall
10		have paid and reimbursed re-imbursed to it or them, upon such
11		terms as may be agreed upon by its or their corporate
12		authorities and the board of trustees of said sanitary
13		district, the reasonable cost or value of such levee, drains or
14		ditches, which valuation shall in no case be fixed at less than
15		any unpaid indebtedness incurred by such district or districts
16		in contracting the same. Upon such payment being made, the
17		sanitary district shall have the right to appropriate and use
18		such levees, drains or ditches, or any part thereof, as it may
19		desire, for or in connection with any improvements authorized
20		by this act, and for or in connection with the purposes for
21		which said sanitary district is organized; Provided, no such
22		levee, drain or ditch shall be destroyed, removed or otherwise
23		so used as to impair its usefulness for the purposes for which
24		the same was constructed, without the consent of the corporate
25		authorities of such drainage district. In case the board of

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1		trustees of said sanitary district and the corporate
2		authorities of any such drainage district shall be unable to
3		agree upon the compensation to be paid or reimbursed
4		re-imbursed to such drainage district, the same may be
5		ascertained and enforced by any proper proceeding in the
6		circuit court.
7		(Source: P.A. 79-1360; revised 9-21-16.)
8		Section 305. The North Shore Water Reclamation District Act
9		is amended by changing Section 8 as follows:
10		(70 ILCS 2305/8) (from Ch. 42, par. 284)
11		Sec. 8. Such sanitary district may acquire by purchase,
12		condemnation, or otherwise any and all real and personal
13		property, right of way and privilege, either within or without
14		its corporate limits that may be required for its corporate
15		purposes; and in case any district formed hereunder shall be
16		unable to agree with any other sanitary district upon the terms
17		under which it shall be permitted to use the drains, channels
18		or ditches of such other sanitary district, the right to use
19		the same may be required by condemnation in the circuit court
20		by proceedings in the manner, as near as may be, as is provided
21		in Section 4-17 of the "Illinois Drainage Code", approved June
22		29, 1955, as amended. The compensation to be paid for such use
23		may be a gross sum, or it may be in the form of an annual
24		rental, to be paid in yearly installments as and in the manner

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1		provided by the judgment of the court wherein such proceedings
2		may be had. Provided, all moneys for the purchase and
3		condemnation of any property shall be paid before possession is
4		taken, or any work done on the premises damaged by the
5		construction of such channel or outlet, and in case of an
6		appeal from the Circuit Court taken by either party whereby the
7		amount of damages is not finally determined, then possession
8		may be taken, provided that the amount of judgment in such
9		court shall be deposited at some bank or savings and loan
10		association to be designated by the judge thereof subject to
11		the payment of such damages on orders signed by such judge,
12		whenever the amount of damages is finally determined; and when
13		no not longer required for such purposes, to sell, convey,
14		vacate and release the same.
15		(Source: P.A. 83-1362; revised 9-8-16.)
16		Section 310. The Sanitary District Act of 1936 is amended
17		by changing Sections 32a.5, 33, 37.1, 44, and 45 as follows:
18		(70 ILCS 2805/32a.5) (from Ch. 42, par. 443a.5)
19		Sec. 32a.5. Any contiguous territory located within the
20		boundaries of any sanitary district organized under this Act,
21		and upon the border of such district, may become disconnected
22		from such district in the manner provided in this Section. Ten
23		per cent or more of the legal voters resident in the territory
24		sought to be disconnected from such district, may petition the

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1		circuit court for the county in which the original petition for
2		the organization of the district was filed, to cause the
3		question of such disconnection to be submitted to the legal
4		voters of such territory whether the territory shall be
5		disconnected. The petition shall be addressed to the court and
6		shall contain a definite description of the boundaries of such
7		territory and recite as a fact, that as of the date the
8		petition is filed there is no bonded indebtedness of the
9		sanitary district outstanding and that no special assessments
10		for local improvements were levied upon or assessed against any
11		of the lands within such territory or if so levied or assessed,
12		that all of such assessments have been fully paid and
13		discharged and that such territory is not, at the time of the
14		filing of such petition, and will not be, either benefited or
15		served by any work or improvements either then existing or then
16		authorized by the sanitary district. Upon filing such petition
17		in the office of the circuit clerk of the county in which the
18		original petition for the formation of such sanitary district
19		has been filed it is the duty of the court to consider the
20		boundaries of such territory and the facts upon which the
21		petition is founded. The court may alter the boundaries of such
22		territory and shall deny the prayer of the petition, if the
23		material allegations therein contained are not founded in fact.
24		The decision of the court is appealable as in other civil
25		cases.
26		Notice shall be given by the court of the time and place

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1		when and where all persons interested will be heard
2		substantially as provided in and by Section 1 of this Act. The
3		conduct of the hearing on the question whether such territory
4		shall become disconnected shall be, as nearly as possible, in
5		accordance with Section 1 of this Act. ; The court shall certify
6		the question to the proper election officials who shall submit
7		the question at an election in accordance with the general
8		election law. The question shall be in substantially the
9		following form:
10		-------------------------------------------------------------
11		For disconnection from sanitary district.
12		-------------------------------------------------------------
13		Against disconnection from sanitary district.
14		-------------------------------------------------------------
15		If a majority of the votes cast on the question shall be in
16		favor of disconnection, and if the trustees of such sanitary
17		district shall, by ordinance, disconnect such territory,
18		thereupon the court shall enter an appropriate order of record
19		in the court and thereafter such territory shall be deemed
20		disconnected from such sanitary district.
21		(Source: P.A. 83-343; revised 9-8-16.)
22		(70 ILCS 2805/33) (from Ch. 42, par. 444)
23		Sec. 33. Any sanitary district created under this Act which
24		does not have outstanding and unpaid any revenue bonds issued
25		under the provisions of this Act may be dissolved as follows:

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1		(a) Any 50 electors residing within the area of any
2		sanitary district may file with the circuit clerk of the county
3		in which the area is situated, a petition addressed to the
4		circuit court to cause submission of the question whether the
5		sanitary district shall be dissolved. Upon the filing of the
6		petition with the clerk, the court shall certify the question
7		to the proper election officials who shall submit the question
8		at an election in accordance with the general election law, and
9		give notice of the election in the manner provided by the
10		general election law.
11		The question shall be in substantially the following form:
12		-------------------------------------------------------------
13		"Shall the sanitary YES
14		district of .... be ----------------------------
15		dissolved?"? NO
16		-------------------------------------------------------------
17		If a majority of the votes cast on this question are in
18		favor of dissolution of the sanitary district, then such
19		organization shall cease, and the sanitary district is
20		dissolved, and the court shall direct the sanitary district to
21		discharge all outstanding obligations.
22		(b) The County of Lake may dissolve the Fox Lake Hills
23		Sanitary District, thereby acquiring all of the District's
24		assets and responsibilities, upon adopting a resolution
25		stating: (1) the reasons for dissolving the District; (2) that
26		there are no outstanding debts of the District or that the

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1		County has sufficient funds on hand or available to satisfy
2		such debts; (3) that no federal or State permit or grant will
3		be impaired by dissolution of the District; and (4) that the
4		County assumes all assets and responsibilities of the District.
5		Upon dissolution of the District, the statutory powers of the
6		former District shall be exercised by the county board of the
7		Lake County. Within 60 days after the effective date of such
8		resolution, the County of Lake shall notify the Illinois
9		Environmental Protection Agency regarding the dissolution of
10		the Fox Hills Sanitary District.
11		(Source: P.A. 99-783, eff. 8-12-16; revised 10-26-16.)
12		(70 ILCS 2805/37.1)
13		Sec. 37.1. Dissolution of district with no employees and no
14		bond indebtedness; winding up sanitary district business; tax
15		by acquiring municipalities.
16		(a) Any sanitary district created under this Act which is
17		located in a county having a population of 3,000,000 or more,
18		which is wholly included in 3 three or more municipalities,
19		which no part is included in any unincorporated area, which has
20		no employees, and which has no revenue bond indebtedness shall,
21		upon July 10, 2015 (the effective date of Public Act 99-14)
22		this amendatory Act of the 99th General Assembly, be dissolved
23		by operation of law. Each of the municipalities within the
24		territory of a dissolved sanitary district shall be responsible
25		for providing sewers for collecting and disposing of sewage.

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1		(b) The officers of any dissolved sanitary district
2		immediately preceding July 10, 2015 (the effective date of
3		Public Act 99-14) this amendatory Act of the 99th General
4		Assembly shall close up the business affairs of the sanitary
5		district by conveying title of a dissolved sanitary district's
6		property to the municipalities collecting and disposing of
7		sewage and by liquidating any remaining personal property of a
8		dissolved sanitary district. After all the debts and
9		obligations of the dissolved sanitary district have been
10		satisfied, any remaining monies shall be distributed to the
11		municipalities collecting and disposing of sewage in
12		proportion to the percentage of territory located within the
13		boundaries of each affected municipality.
14		(c) The corporate authorities of any municipality required
15		to provide sewer service under this Section after the
16		dissolution of a sanitary district is hereby authorized to levy
17		and collect a tax for the purpose of maintaining, constructing
18		or replacing sewers, upon the taxable property within that
19		municipality, the aggregate amount of which for each year may
20		not exceed 0.25% of the value of such property as equalized or
21		assessed by the Department of Revenue and that tax shall be in
22		addition to any taxes that may otherwise be authorized to be
23		levied for the general corporate purposes of the municipality
24		as currently provided in Section 37 of this Act. Any
25		outstanding obligations of the dissolved sanitary district
26		shall be paid from the taxes levied and collected pursuant to

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1		this subsection.
2		If any tax has been levied for sewer or water purposes
3		prior to July 10, 2015 (the effective date of Public Act 99-14)
4		this amendatory Act of the 99th General Assembly by a
5		municipality that who would also have the power to levy such a
6		tax under this subsection, that tax is expressly validated.
7		(Source: P.A. 99-14, eff. 7-10-15; revised 9-8-16.)
8		(70 ILCS 2805/44) (from Ch. 42, par. 447.8)
9		Sec. 44. Public hearing and second resolution. At the time
10		and place fixed in the specified notice for the public hearing,
11		the committee of local improvements shall meet and hear the
12		representations of any person desiring to be heard on the
13		subject of the necessity for the proposed improvement, the
14		nature thereof or the cost as estimated. The district's
15		engineer may revise the plans, specifications or estimate of
16		cost at any time prior to the committee's adoption of a
17		resolution recommending passage of an ordinance as hereinafter
18		set forth. The committee may adopt a second or further
19		resolution abandoning the proposed scheme or adhering thereto,
20		or changing, altering or modifying the extent, nature, kind,
21		character and estimated cost, provided the change does not
22		increase the estimated cost of the improvement to exceed 20% of
23		the estimate set forth in the mailed notice of the public
24		hearing without a further public hearing pursuant to a new
25		mailed notice given in like manner as the first. Thereupon, if

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1		the proposed improvement is not abandoned, the committee shall
2		have an ordinance prepared therefor to be submitted to the
3		board. This ordinance shall prescribe the nature, character,
4		locality and description of the improvement and shall provide
5		whether the improvement shall be made wholly or in part by
6		special assessment or special taxation of benefited property
7		and may provide that plans and specifications for the proposed
8		improvement be made part of the ordinance by reference to plans
9		and specifications specification on file in the office of the
10		district's engineer or to plans and specifications adopted or
11		published by the State of Illinois or any political subdivision
12		or agency thereof. If the improvement is to be paid in part
13		only by special assessment or special taxation, the ordinance
14		shall so state. If the improvement requires the taking or
15		damaging of property, the ordinance shall so state, and the
16		proceedings for making just compensation therefor shall be as
17		described in Sections 9-2-14 through 9-2-37 of the Illinois
18		Municipal Code, as now or hereafter amended.
19		(Source: P.A. 85-1137; revised 9-8-16.)
20		(70 ILCS 2805/45) (from Ch. 42, par. 447.9)
21		Sec. 45. Recommendation by committee. Accompanying any
22		ordinance for a local improvement presented by the committee of
23		local improvements to the board shall be a recommendation of
24		such improvement by the committee signed by at a least a
25		majority of the members thereof, together with an estimate of

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1		the cost of the improvement, including the cost of engineering
2		services, as originally contemplated or as changed, altered or
3		modified at the public hearing, itemized so far as the
4		committee deems necessary and signed by the board's engineer.
5		The recommendation by the committee shall be prima facie
6		evidence that all the preliminary requirements of the law have
7		been complied with. If a variance is shown on the proceedings
8		in the court, it shall not affect the validity of the
9		proceeding unless the court deems the variance willful and
10		substantial.
11		In the event the improvement is to be constructed with
12		assistance from any agency of the federal government or other
13		governmental agency, the estimate of cost shall state this fact
14		and shall set forth the estimated amount that is to be provided
15		by the agency of the federal government or other governmental
16		agency.
17		The person appointed to make the assessments as provided
18		hereinafter shall make a true and impartial assessment upon the
19		petitioning district and the property benefited by such
20		improvement of that portion of the estimated cost that is
21		within the benefits exclusive of the amount to be provided by
22		the agency of the federal government or other governmental
23		agency.
24		(Source: P.A. 85-1137; revised 9-7-16.)
25		Section 315. The Surface Water Protection District Act is

HB3855 Engrossed - 527 - LRB100 05985 AMC 16014 b
1		amended by changing Section 21 as follows:
2		(70 ILCS 3405/21) (from Ch. 42, par. 468)
3		Sec. 21. The board of trustees may levy and collect other
4		taxes for all corporate purposes, including, without limiting
5		the generality of the foregoing, the payment of all obligations
6		incurred in taking over the surface water protection facilities
7		of any city, village, or incorporated town located within the
8		boundaries of any such district, exclusive of taxes to pay
9		bonded indebtedness upon all the taxable property within the
10		territorial limits of such surface water protection district,
11		the aggregate amount of which shall not exceed .125% of the
12		value, as equalized or assessed by the Department of Revenue
13		except as provided in this Section.
14		If the board of trustees desires desire to levy such taxes
15		at a rate in excess of .125% but not in excess of .25% of the
16		value of all taxable property within the district as equalized
17		or assessed by the Department of Revenue, the board of trustees
18		they shall certify the question to the proper election
19		officials who shall submit the question at an a election in
20		accordance with the general election law. The result of the
21		referendum shall be entered upon the records of the district.
22		If a majority of the votes on the proposition are in favor of
23		the proposition, the board of trustees may levy such taxes at a
24		rate not to exceed .25% of the value of all taxable property
25		within the district, as equalized or assessed by the Department

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1		of Revenue. The proposition shall be in substantially the
2		following form:
3		-------------------------------------------------------------
4		Shall the maximum allowable
5		tax rate for .... Surface Water YES
6		Protection District be increased
7		to .25% of the value of all taxable -------------------
8		property within the District as
9		equalized or assessed by the NO
10		Department of Revenue?
11		-------------------------------------------------------------
12		In any surface water protection district organized under
13		Section 4a, the board of trustees may levy such taxes at a rate
14		in excess of .125% but not in excess of .25% of the value of all
15		taxable property in the district as equalized or assessed by
16		the Department of Revenue without an election provided such tax
17		rate increase is authorized by the owners of all the property
18		within the district.
19		(Source: P.A. 81-1550; revised 9-7-16.)
20		Section 320. The Metropolitan Transit Authority Act is
21		amended by changing Section 12a as follows:
22		(70 ILCS 3605/12a) (from Ch. 111 2/3, par. 312a)
23		Sec. 12a. (a) In addition to other powers provided in
24		Section 12b, the Authority may issue its notes from time to

HB3855 Engrossed - 529 - LRB100 05985 AMC 16014 b
1		time, in anticipation of tax receipts of the Regional
2		Transportation Authority allocated to the Authority or of other
3		revenues or receipts of the Authority, in order to provide
4		money for the Authority to cover any cash flow deficit which
5		the Authority anticipates incurring. Provided, however, that
6		no such notes may be issued unless the annual cost thereof is
7		incorporated in a budget or revised budget of the Authority
8		which has been approved by the Regional Transportation
9		Authority. Any such notes are referred to as "Working Cash
10		Notes". Provided further that, the board shall not issue and
11		have outstanding or demand and direct that the Board of the
12		Regional Transportation Authority issue and have outstanding
13		more than an aggregate of $40,000,000 in Working Cash Notes. No
14		Working Cash Notes shall be issued for a term of longer than 18
15		months. Proceeds of Working Cash Notes may be used to pay day
16		to day operating expenses of the Authority, consisting of
17		wages, salaries and fringe benefits, professional and
18		technical services (including legal, audit, engineering and
19		other consulting services), office rental, furniture, fixtures
20		and equipment, insurance premiums, claims for self-insured
21		amounts under insurance policies, public utility obligations
22		for telephone, light, heat and similar items, travel expenses,
23		office supplies, postage, dues, subscriptions, public hearings
24		and information expenses, fuel purchases, and payments of
25		grants and payments under purchase of service agreements for
26		operations of transportation agencies, prior to the receipt by

HB3855 Engrossed - 530 - LRB100 05985 AMC 16014 b
1		the Authority from time to time of funds for paying such
2		expenses. Proceeds of the Working Cash Notes shall not be used
3		(i) to increase or provide a debt service reserve fund for any
4		bonds or notes other than Working Cash Notes of the same
5		Series, or (ii) to pay principal of or interest or redemption
6		premium on any capital bonds or notes, whether as such amounts
7		become due or by earlier redemption, issued by the Authority or
8		a transportation agency to construct or acquire public
9		transportation facilities, or to provide funds to purchase such
10		capital bonds or notes.
11		(b) The ordinance providing for the issuance of any such
12		notes shall fix the date or dates of maturity, the dates on
13		which interest is payable, any sinking fund account or reserve
14		fund account provisions and all other details of such notes and
15		may provide for such covenants or agreements necessary or
16		desirable with regard to the issue, sale and security of such
17		notes. The Authority shall determine and fix the rate or rates
18		of interest of its notes issued under this Act in an ordinance
19		adopted by the Board prior to the issuance thereof, none of
20		which rates of interest shall exceed that permitted in the Bond
21		Authorization Act "An Act to authorize public corporations to
22		issue bonds, other evidences of indebtedness and tax
23		anticipation warrants subject to interest rate limitations set
24		forth therein", approved May 26, 1970, as now or hereafter
25		amended. Interest may be payable annually or semi-annually, or
26		at such other times as determined by the Board. Notes issued

HB3855 Engrossed - 531 - LRB100 05985 AMC 16014 b
1		under this Section may be issued as serial or term obligations,
2		shall be of such denomination or denominations and form,
3		including interest coupons to be attached thereto, be executed
4		in such manner, shall be payable at such place or places and
5		bear such date as the Board shall fix by the ordinance
6		authorizing such note and shall mature at such time or times,
7		within a period not to exceed 18 months from the date of issue,
8		and may be redeemable prior to maturity with or without
9		premium, at the option of the Board, upon such terms and
10		conditions as the Board shall fix by the ordinance authorizing
11		the issuance of such notes. The Board may provide for the
12		registration of notes in the name of the owner as to the
13		principal alone or as to both principal and interest, upon such
14		terms and conditions as the Board may determine. The ordinance
15		authorizing notes may provide for the exchange of such notes
16		which are fully registered, as to both principal and interest,
17		with notes which are registerable as to principal only. All
18		notes issued under this Section by the Board shall be sold at a
19		price which may be at a premium or discount but such that the
20		interest cost (excluding any redemption premium) to the Board
21		of the proceeds of an issue of such notes, computed to stated
22		maturity according to standard tables of bond values, shall not
23		exceed that permitted in the Bond Authorization Act "An Act to
24		authorize public corporations to issue bonds, other evidences
25		of indebtedness and tax anticipation warrants subject to
26		interest rate limitations set forth therein", approved May 26,

HB3855 Engrossed - 532 - LRB100 05985 AMC 16014 b
1		1970, as now or hereafter amended. Such notes shall be sold at
2		such time or times as the Board shall determine. The notes may
3		be sold either upon competitive bidding or by negotiated sale
4		(without any requirement of publication of intention to
5		negotiate the sale of such notes), as the Board shall determine
6		by ordinance adopted with the affirmative votes of at least 4
7		Directors. In case any officer whose signature appears on any
8		notes or coupons authorized pursuant to this Section shall
9		cease to be such officer before delivery of such notes, such
10		signature shall nevertheless be valid and sufficient for all
11		purposes, the same as if such officer had remained in office
12		until such delivery. Neither the Directors of the Regional
13		Transportation Authority, the Directors of the Authority nor
14		any person executing any bonds or notes thereof shall be liable
15		personally on any such bonds or notes or coupons by reason of
16		the issuance thereof.
17		(c) All notes of the Authority issued pursuant to this
18		Section shall be general obligations of the Authority to which
19		shall be pledged the full faith and credit of the Authority, as
20		provided in this Section. Such notes shall be secured as
21		provided in the authorizing ordinance, which may,
22		notwithstanding any other provision of this Act, include in
23		addition to any other security, a specific pledge or assignment
24		of and lien on or security interest in any or all tax receipts
25		of the Regional Transportation Authority allocated to the
26		Authority and on any or all other revenues or moneys of the

HB3855 Engrossed - 533 - LRB100 05985 AMC 16014 b
1		Authority from whatever source which may by law be utilized for
2		debt service purposes and a specific pledge or assignment of
3		and lien on or security interest in any funds or accounts
4		established or provided for by the ordinance of the Board
5		authorizing the issuance of such notes. Any such pledge,
6		assignment, lien or security interest for the benefit of
7		holders of notes of the Authority shall be valid and binding
8		from the time the notes are issued without any physical
9		delivery or further act, and shall be valid and binding as
10		against and prior to the claims of all other parties having
11		claims of any kind against the Authority or any other person
12		irrespective of whether such other parties have notice of such
13		pledge, assignment, lien or security interest. The obligations
14		of the Authority incurred pursuant to this Section shall be
15		superior to and have priority over any other obligations of the
16		Authority except for obligations under Section 12. The Board
17		may provide in the ordinance authorizing the issuance of any
18		notes issued pursuant to this Section for the creation of,
19		deposits in, and regulation and disposition of sinking fund or
20		reserve accounts relating to such notes. The ordinance
21		authorizing the issuance of any notes pursuant to this Section
22		may contain provisions as part of the contract with the holders
23		of the notes, for the creation of a separate fund to provide
24		for the payment of principal and interest on such notes and for
25		the deposit in such fund from any or all the tax receipts of
26		the Regional Transportation Authority allocated to the

HB3855 Engrossed - 534 - LRB100 05985 AMC 16014 b
1		Authority and from any or all such other moneys or revenues of
2		the Authority from whatever source which may by law be utilized
3		for debt service purposes, all as provided in such ordinance,
4		of amounts to meet the debt service requirements on such notes,
5		including principal and interest, and any sinking fund or
6		reserve fund account requirements as may be provided by such
7		ordinance, and all expenses incident to or in connection with
8		such fund and accounts or the payment of such notes. Such
9		ordinance may also provide limitations on the issuance of
10		additional notes of the Authority. No such notes of the
11		Authority shall constitute a debt of the State of Illinois.
12		(d) The ordinance of the Board authorizing the issuance of
13		any notes may provide additional security for such notes by
14		providing for appointment of a corporate trustee (which may be
15		any trust company or bank having the powers of a trust company
16		within the State) with respect to such notes. The ordinance
17		shall prescribe the rights, duties and powers of the trustee to
18		be exercised for the benefit of the Authority and the
19		protection of the holders of such notes. The ordinance may
20		provide for the trustee to hold in trust, invest and use
21		amounts in funds and accounts created as provided by the
22		ordinance with respect to the notes. The ordinance shall
23		provide that amounts so paid to the trustee which are not
24		required to be deposited, held or invested in funds and
25		accounts created by the ordinance with respect to notes or used
26		for paying notes to be paid by the trustee to the Authority.

HB3855 Engrossed - 535 - LRB100 05985 AMC 16014 b
1		(e) Any notes of the Authority issued pursuant to this
2		Section shall constitute a contract between the Authority and
3		the holders from time to time of such notes. In issuing any
4		note, the Board may include in the ordinance authorizing such
5		issue a covenant as part of the contract with the holders of
6		the notes, that as long as such obligations are outstanding, it
7		shall make such deposits, as provided in paragraph (c) of this
8		Section. A certified copy of the ordinance authorizing the
9		issuance of any such obligations shall be filed at or prior to
10		the issuance of such obligations with the Regional
11		Transportation Authority, Comptroller of the State of Illinois
12		and the Illinois Department of Revenue.
13		(f) The State of Illinois pledges to and agrees with the
14		holders of the notes of the Authority issued pursuant to this
15		Section that the State will not limit or alter the rights and
16		powers vested in the Authority by this Act or in the Regional
17		Transportation Authority by the "Regional Transportation
18		Authority Act" so as to impair the terms of any contract made
19		by the Authority with such holders or in any way impair the
20		rights and remedies of such holders until such notes, together
21		with interest thereon, with interest on any unpaid installments
22		of interest, and all costs and expenses in connection with any
23		action or proceedings by or on behalf of such holders, are
24		fully met and discharged. In addition, the State pledges to and
25		agrees with the holders of the notes of the Authority issued
26		pursuant to this Section that the State will not limit or alter

HB3855 Engrossed - 536 - LRB100 05985 AMC 16014 b
1		the basis on which State funds are to be paid to the Authority
2		as provided in the Regional Transportation Authority Act, or
3		the use of such funds, so as to impair the terms of any such
4		contract. The Board is authorized to include these pledges and
5		agreements of the State in any contract with the holders of
6		bonds or notes issued pursuant to this Section.
7		(g) The Board shall not at any time issue, sell or deliver
8		any Interim Financing Notes pursuant to this Section which will
9		cause it to have issued and outstanding at any time in excess
10		of $40,000,000 of Working Cash Notes. Notes which are being
11		paid or retired by such issuance, sale or delivery of notes,
12		and notes for which sufficient funds have been deposited with
13		the paying agency of such notes to provide for payment of
14		principal and interest thereon or to provide for the redemption
15		thereof, all pursuant to the ordinance authorizing the issuance
16		of such notes, shall not be considered to be outstanding for
17		the purposes of this paragraph.
18		(h) The Board, subject to the terms of any agreements with
19		noteholders as may then exist, shall have power, out of any
20		funds available therefor, to purchase notes of the Authority
21		which shall thereupon be cancelled.
22		(i) In addition to any other authority granted by law, the
23		State Treasurer may, with the approval of the Governor, invest
24		or reinvest, at a price not to exceed par, any State money in
25		the State Treasury which is not needed for current expenditures
26		due or about to become due in Interim Financing Notes.

HB3855 Engrossed - 537 - LRB100 05985 AMC 16014 b
1		(Source: P.A. 96-328, eff. 8-11-09; revised 9-22-16.)
2		Section 325. The Public Transit Employee Training Programs
3		Act is amended by changing Section 3 as follows:
4		(70 ILCS 3620/3) (from Ch. 111 2/3, par. 803)
5		Sec. 3. (a). All mass transit employees shall be required
6		to participate in an anti-crime program that comprehensively
7		addresses the identification of and reaction to potentially
8		dangerous situations involving carrier operatives or
9		passengers.
10		(b). The establishment of minimum standards, however, in no
11		way precludes a carrier from implementing alternate or more
12		advanced programs so long as said programs are:
13		(1) consistent with the imperative of subsection (a);
14		(2) developed in consultation with a recognized crime
15		prevention organization; and
16		(3) carried out in consultation with the Review
17		Committee established under Section 8 of this Act.
18		(Source: P.A. 81-846; revised 9-12-16.)
19		Section 330. The School Code is amended by changing
20		Sections 2-3.161, 10-22.29a, 14-6.01, 21B-70, 22-30, 27A-9,
21		30-14.2, 34-54.2, and 34A-404, by setting forth and renumbering
22		multiple versions of Sections 2-3.167, 10-20.58, and 34-18.50,
23		and by setting forth, renumbering, and changing multiple

HB3855 Engrossed - 538 - LRB100 05985 AMC 16014 b
1		versions of Section 34-18.49 as follows:
2		(105 ILCS 5/2-3.161)
3		Sec. 2-3.161. Definition of dyslexia; reading instruction
4		advisory group.
5		(a) The State Board of Education shall incorporate, in both
6		general education and special education, the following
7		definition of dyslexia:
8		Dyslexia is a specific learning disability that is
9		neurobiological in origin. Dyslexia is characterized by
10		difficulties with accurate and/or fluent word recognition
11		and by poor spelling and decoding abilities. These
12		difficulties typically result from a deficit in the
13		phonological component of language that is often
14		unexpected in relation to other cognitive abilities and the
15		provision of effective classroom instruction. Secondary
16		consequences may include problems in reading comprehension
17		and reduced reading experience that can impede growth of
18		vocabulary and background knowledge.
19		(b) Subject to specific State appropriation or the
20		availability of private donations, the State Board of Education
21		shall establish an advisory group to develop a training module
22		or training modules to provide education and professional
23		development to teachers, school administrators, and other
24		education professionals regarding multi-sensory, systematic,
25		and sequential instruction in reading. This advisory group

HB3855 Engrossed - 539 - LRB100 05985 AMC 16014 b
1		shall complete its work before December 15, 2015 and is
2		abolished on December 15, 2015. The State Board of Education
3		shall reestablish the advisory group abolished on December 15,
4		2015 to complete the abolished group's work. The reestablished
5		advisory group shall complete its work before December 31, 2016
6		and is abolished on December 31, 2016. The provisions of this
7		subsection (b), other than this sentence, are inoperative after
8		December 31, 2016.
9		(Source: P.A. 98-705, eff. 7-14-14; 99-65, eff. 7-16-15; 99-78,
10		eff. 7-20-15; 99-602, eff. 7-22-16; 99-603, eff. 7-22-16;
11		revised 9-6-16.)
12		(105 ILCS 5/2-3.167)
13		(Section scheduled to be repealed on July 1, 2018)
14		Sec. 2-3.167. Task Force on Computer Science Education.
15		(a) The State Board of Education shall establish a Task
16		Force on Computer Science Education, to be comprised of all of
17		the following members, with an emphasis on bipartisan
18		legislative representation and diverse non-legislative
19		stakeholder representation:
20		(1) One member appointed by the Speaker of the House of
21		Representatives.
22		(2) One member appointed by the President of the
23		Senate.
24		(3) One member appointed by the Minority Leader of the
25		House of Representatives.

HB3855 Engrossed - 540 - LRB100 05985 AMC 16014 b
1		(4) One member appointed by the Minority Leader of the
2		Senate.
3		(5) One member appointed by the head of a statewide
4		association representing teachers.
5		(6) One member appointed by the head of an association
6		representing teachers in a city of over 500,000 people.
7		(7) One member appointed by the head of an association
8		representing computer science teachers.
9		(8) One member appointed by the head of an association
10		representing school boards.
11		(9) One member appointed by the head of an association
12		representing the media.
13		(10) One member appointed by the head of an association
14		representing the non-profit sector that promotes computer
15		science education as a core mission.
16		(11) One member appointed by the head of an association
17		representing the non-profit sector that promotes computer
18		science education among the general public.
19		(12) One member appointed by the president of an
20		institution of higher education who teaches college or
21		graduate-level government courses or facilitates a program
22		dedicated to cultivating computer science education.
23		(13) One member appointed by the head of an association
24		representing principals or district superintendents.
25		(14) The chief executive officer of the school district
26		organized under Article 34 of this Code or his or her

HB3855 Engrossed - 541 - LRB100 05985 AMC 16014 b
1		designee.
2		(b) The members of the Task Force shall serve without
3		compensation but shall be reimbursed for their reasonable and
4		necessary expenses from funds appropriated to the State Board
5		of Education for that purpose. The members of the Task Force
6		shall be reimbursed for their travel expenses from
7		appropriations to the State Board of Education available for
8		that purpose and subject to the rules of the appropriate travel
9		control board.
10		(c) The members of the Task Force shall be considered
11		members with voting rights. A quorum of the Task Force shall
12		consist of a simple majority of the members of the Task Force.
13		All actions and recommendations of the Task Force must be
14		approved by a simple majority vote of the members.
15		(d) The Task Force shall meet initially at the call of the
16		State Superintendent of Education, shall elect one member as
17		chairperson at its initial meeting through a simple majority
18		vote of the Task Force, and shall thereafter meet at the call
19		of the chairperson.
20		(e) The State Board of Education shall provide
21		administrative and other support to the Task Force.
22		(f) The Task Force is charged with all of the following
23		tasks:
24		(1) To analyze the current state of computer science
25		education in this State.
26		(2) To analyze current computer science education laws

HB3855 Engrossed - 542 - LRB100 05985 AMC 16014 b
1		in other jurisdictions, both mandated and permissive.
2		(3) To identify best practices in computer science
3		education in other jurisdictions.
4		(4) To make recommendations to the General Assembly
5		focused on substantially increasing computer science
6		education and the capacity of youth to obtain the requisite
7		knowledge, skills, and practices to be educated in computer
8		science.
9		(5) To make funding recommendations, if the Task
10		Force's recommendations to the General Assembly would
11		require a fiscal commitment.
12		(g) No later than July 1, 2017, the Task Force shall
13		summarize its findings and recommendations in a report to the
14		General Assembly, filed as provided in Section 3.1 of the
15		General Assembly Organization Act. Upon filing its report, the
16		Task Force is dissolved.
17		(h) This Section is repealed on July 1, 2018.
18		(Source: P.A. 99-647, eff. 7-28-16.)
19		(105 ILCS 5/2-3.168)
20		Sec. 2-3.168 2-3.167. Advisory Council on At-Risk
21		Students.
22		(a) For purposes of this Section, "at-risk students" means
23		students served by the Department of Human Services who receive
24		services through Medicaid, the Supplemental Nutrition
25		Assistance Program, the Children's Health Insurance Program,

HB3855 Engrossed - 543 - LRB100 05985 AMC 16014 b
1		or Temporary Assistance for Needy Families, as well as students
2		under the legal custody of the Department of Children and
3		Family Services. Students may not be counted more than once for
4		receiving multiple services from the Department of Human
5		Services or if they receive those services and are under the
6		legal custody of the Department of Children and Family
7		Services.
8		(b) The Advisory Council on At-Risk Students is created
9		within the State Board of Education. The Advisory Council shall
10		consist of all of the following members:
11		(1) One member of the House of Representatives
12		appointed by the Speaker of the House of Representatives.
13		(2) One member of the House of Representatives
14		appointed by the Minority Leader of the House of
15		Representatives.
16		(3) One member of the Senate appointed by the President
17		of the Senate.
18		(4) One member of the Senate appointed by the Minority
19		Leader of the Senate.
20		(5) The following members appointed by the State
21		Superintendent of Education:
22		(A) One member who is an educator representing a
23		statewide professional teachers' organization.
24		(B) One member who is an educator representing a
25		different statewide professional teachers'
26		organization.

HB3855 Engrossed - 544 - LRB100 05985 AMC 16014 b
1		(C) One member who is an educator representing a
2		professional teachers' organization in a city having a
3		population exceeding 500,000.
4		(D) One member from an organization that works for
5		economic, educational, and social progress for African
6		Americans and promotes strong sustainable communities
7		through advocacy, collaboration, and innovation.
8		(E) One member from an organization that
9		facilitates the involvement of Latino Americans at all
10		levels of public decision-making.
11		(F) One member from an organization focused on
12		research-based education policy to support a school
13		system that prepares all students for college, a
14		career, and democratic citizenship.
15		(G) One member from an organization dedicated to
16		advocating for public policies to prevent
17		homelessness.
18		(H) One member from the Illinois Student
19		Assistance Commission.
20		(I) One member from an organization that works to
21		ensure the health and safety of Illinois youth and
22		families by providing capacity building services.
23		(J) One member from an organization that provides
24		public high school students with opportunities to
25		explore and develop their talents, while gaining
26		critical skills for work, college, and beyond.

HB3855 Engrossed - 545 - LRB100 05985 AMC 16014 b
1		(K) One member from an organization that promotes
2		the strengths and abilities of youth and families by
3		providing community-based services that empower each
4		to face life's challenges with confidence, competence,
5		and dignity.
6		(L) One member from an organization that connects
7		former members of the foster care system with current
8		children in the foster care system.
9		(M) One member who has experience with research and
10		statistics.
11		(N) Three members who are parents of at-risk
12		students.
13		(O) One member from an organization that optimizes
14		the positive growth of at-risk youth and individuals
15		working with at-risk youth through support services.
16		(P) One member from a statewide organization
17		representing regional offices of education.
18		Members of the Council shall, to the extent possible, be
19		selected on the basis of experience with or knowledge of
20		various programs for at-risk students. The Council shall, to
21		the extent possible, include diverse membership from a variety
22		of socio-economic, racial, and ethnic backgrounds.
23		(c) Initial members of the Council shall serve terms
24		determined by lot as follows:
25		(1) Seven members shall serve for one year.
26		(2) Seven members shall serve for 2 years.

HB3855 Engrossed - 546 - LRB100 05985 AMC 16014 b
1		(3) The remaining members shall serve for 3 years.
2		Successors shall serve 3-year terms. Members must serve until
3		their successors are appointed and have qualified.
4		(d) Members of the Council shall not receive compensation
5		for the performance of their duties on the Council.
6		(e) The Council shall initially meet at the call of the
7		State Superintendent of Education. At the initial meeting,
8		members shall select a chairperson from among their number by
9		majority vote; a representative from the State Board of
10		Education may cast a deciding vote if there is a tie. The
11		Council shall select a chairperson annually, who may be the
12		same chairperson as the year prior. The Council shall meet at
13		the call of the chairperson after the initial meeting.
14		(f) The State Board of Education and City of Chicago School
15		District 299 shall provide administrative support to the
16		Council.
17		(g) The Council shall accept and consider public comments
18		when making its recommendations.
19		(h) By no later than December 15, 2017, the Council shall
20		submit a report to the State Superintendent of Education, the
21		Governor, and the General Assembly addressing, at a minimum,
22		the following with respect to school districts where racial
23		minorities comprise a majority of the student population:
24		(1) What are the barriers to success present for
25		at-risk students?
26		(2) How much does socio-economic status impact

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1		academic and career achievement?
2		(3) How do at-risk students perform academically?
3		(4) How do at-risk students perform academically
4		compared to students from higher socio-economic statuses?
5		(5) What programs are shown to help at-risk students
6		reach higher levels of academic and career achievement?
7		(6) What specific curriculums help the academic
8		success of at-risk students?
9		(7) Of curriculums that help at-risk students, which of
10		these need to be implemented within the Illinois Learning
11		Standards?
12		(8) To what degree do school districts teach cultural
13		history, and how can this be improved?
14		(9) Specific policy recommendations to improve the
15		academic success of at-risk students.
16		(10) Any other information that the Council determines
17		will assist in the understanding of the barriers to success
18		for or increase the academic performance of at-risk
19		students.
20		The Council shall submit an annual report with updated
21		information on the barriers to academic success and the
22		academic progress of at-risk students by no later than December
23		15 of each year beginning the year after the initial report is
24		submitted.
25		(Source: P.A. 99-721, eff. 8-5-16; revised 10-14-16.)

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1		(105 ILCS 5/2-3.169)
2		Sec. 2-3.169 2-3.167. State Global Scholar Certification.
3		(a) The State Global Scholar Certification Program is
4		established to recognized public high school graduates who have
5		attained global competence. State Global Scholar Certification
6		shall be awarded beginning with the 2017-2018 school year.
7		School district participation in this certification is
8		voluntary.
9		(b) The purposes of State Global Scholar Certification are
10		as follows:
11		(1) To recognize the value of a global education.
12		(2) To certify attainment of global competence.
13		(3) To provide employers with a method of identifying
14		globally competent employees.
15		(4) To provide colleges and universities with an
16		additional method to recognize applicants seeking
17		admission.
18		(5) To prepare students with 21st century skills.
19		(6) To encourage the development of a globally ready
20		workforce in the STEM (science, technology, engineering,
21		and mathematics), manufacturing, agriculture, and service
22		sectors.
23		(c) State Global Scholar Certification confirms attainment
24		of global competence, sufficient for meaningful use in college
25		and a career, by a graduating public high school student.
26		(d) The State Board of Education shall adopt such rules as

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1		may be necessary to establish the criteria that students must
2		achieve to earn State Global Scholar Certification, which shall
3		minimally include attainment of units of credit in globally
4		focused courses, service learning experiences, global
5		collaboration and dialogue, and passage of a capstone project
6		demonstrating global competency, as approved by the
7		participating school district for this purpose.
8		(e) The State Board of Education shall do both of the
9		following:
10		(1) Prepare and deliver to participating school
11		districts an appropriate mechanism for designating State
12		Global Scholar Certification on the diploma and transcript
13		of a student indicating that the student has been awarded
14		State Global Scholar Certification by the State Board of
15		Education.
16		(2) Provide other information the State Board of
17		Education deems necessary for school districts to
18		successfully participate in the certification.
19		(f) A school district that participates in certification
20		under this Section shall do both of the following:
21		(1) Maintain appropriate records in order to identify
22		students who have earned State Global Scholar
23		Certification.
24		(2) Make the appropriate designation on the diploma and
25		transcript of each student who earns State Global Scholar
26		Certification.

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1		(g) No fee may be charged to a student to receive the
2		designation pursuant to the Section. Notwithstanding this
3		prohibition, costs may be incurred by the student in
4		demonstrating proficiency.
5		(Source: P.A. 99-780, eff. 8-12-16; revised 10-14-16.)
6		(105 ILCS 5/10-20.58)
7		Sec. 10-20.58. Accelerate College pilot program. School
8		districts may enter into Accelerate College educational
9		partnership agreements as authorized under Section 3-42.4 of
10		the Public Community College Act.
11		(Source: P.A. 99-611, eff. 7-22-16.)
12		(105 ILCS 5/10-20.59)
13		Sec. 10-20.59 10-20.58. DCFS liaison.
14		(a) Each school board may appoint at least one employee to
15		act as a liaison to facilitate the enrollment and transfer of
16		records of students in the legal custody of the Department of
17		Children and Family Services when enrolling in or changing
18		schools. The school board may appoint any employee of the
19		school district who is licensed under Article 21B of this Code
20		to act as a liaison; however, employees who meet any of the
21		following criteria must be prioritized for appointment:
22		(1) Employees who have worked with mobile student
23		populations or students in foster care.
24		(2) Employees who are familiar with enrollment, record

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1		transfers, existing community services, and student
2		support services.
3		(3) Employees who serve as a high-level administrator.
4		(4) Employees who are counselors or have experience
5		with student counseling.
6		(5) Employees who are knowledgeable on child welfare
7		policies.
8		(6) Employees who serve as a school social worker.
9		(b) Liaisons under this Section are encouraged to build
10		capacity and infrastructure within their school district to
11		support students in the legal custody of the Department of
12		Children and Family Services. Liaison responsibilities may
13		include the following:
14		(1) streamlining the enrollment processes for students
15		in foster care;
16		(2) implementing student data tracking and monitoring
17		mechanisms;
18		(3) ensuring that students in the legal custody of the
19		Department of Children and Family Services receive all
20		school nutrition and meal programs available;
21		(4) coordinating student withdrawal from a school,
22		record transfers, and credit recovery;
23		(5) becoming experts on the foster care system and
24		State laws and policies in place that support children
25		under the legal custody of the Department of Children and
26		Family Services;

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1		(6) coordinating with child welfare partners;
2		(7) providing foster care-related information and
3		training to the school district;
4		(8) working with the Department of Children and Family
5		Services to help students maintain their school placement,
6		if appropriate;
7		(9) reviewing student schedules to ensure that
8		students are on track to graduate;
9		(10) encouraging a successful transition into
10		adulthood and post-secondary opportunities;
11		(11) encouraging involvement in extracurricular
12		activities; and
13		(12) knowing what support is available within the
14		school district and community for students in the legal
15		custody of the Department of Children and Family Services.
16		(c) A school district is encouraged to designate a liaison
17		by the beginning of the 2017-2018 school year.
18		(d) Individuals licensed under Article 21B of this Code
19		acting as a liaison under this Section shall perform the duties
20		of a liaison in addition to existing contractual obligations.
21		(Source: P.A. 99-781, eff. 8-12-16; revised 10-18-16.)
22		(105 ILCS 5/10-22.29a) (from Ch. 122, par. 10-22.29a)
23		Sec. 10-22.29a. To authorize the establishment of an
24		investment club, in any high school within the district, to be
25		organized on a purely voluntary basis. The State Board of

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1		Education may, however, promulgate reasonable standards
2		regarding the establishment, organization and operation of
3		investment clubs formed pursuant to this Section which
4		standards must be complied with by all those concerned. The
5		superintendent of schools shall, when the board has authorized
6		the establishment of an investment club, designate a teacher in
7		the high school where the club is organized to serve as sponsor
8		of the club and as the fiduciary for members of the club in
9		making the purchases and sales of securities on behalf of the
10		members and shall also designate an investment dealer
11		registered with the Secretary of State of Illinois as an
12		investment dealer; to provide investment counseling and
13		brokerage services for the members of the club. That investment
14		dealer shall (a) reflect all transactions entered into on
15		behalf of the investment club in an account in the name of the
16		teacher as fiduciary, (b) submit monthly to the fiduciary a
17		statement of account reflecting all transactions entered into
18		on behalf of the club during the previous month including the
19		prices paid on purchases and the proceeds received on sales of
20		securities and the costs and fees incurred in each transaction
21		and listing the accumulated holdings of the investment club by
22		type of security, number of shares of stock, name of the issuer
23		and any other information necessary to identify the composition
24		of the accumulated security holdings of the club, and (c)
25		handle transactions on behalf of the club, through the
26		designated fiduciary as a street account rather than through

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1		issuance of certificates in the name of the fiduciary or of
2		individual club members. Any investment club formed under this
3		Section must sell all securities purchased through the club and
4		distribute the proceeds of sales to its members by May 20th
5		each year. All investment clubs are subject to the provisions
6		of the "The Illinois Securities Law of 1953", as amended.
7		(Source: P.A. 81-1508; revised 10-25-16.)
8		(105 ILCS 5/14-6.01) (from Ch. 122, par. 14-6.01)
9		Sec. 14-6.01. Powers and duties of school boards. School
10		boards of one or more school districts establishing and
11		maintaining any of the educational facilities described in this
12		Article shall, in connection therewith, exercise similar
13		powers and duties as are prescribed by law for the
14		establishment, maintenance and management of other recognized
15		educational facilities. Such school boards shall include only
16		eligible children in the program and shall comply with all the
17		requirements of this Article and all rules and regulations
18		established by the State Board of Education. Such school boards
19		shall accept in part-time attendance children with
20		disabilities of the types described in Sections 14-1.02 through
21		14-1.07 who are enrolled in nonpublic schools. A request for
22		part-time attendance must be submitted by a parent or guardian
23		of the child with a disability and may be made only to those
24		public schools located in the district where the child
25		attending the nonpublic school resides; however, nothing in

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1		this Section shall be construed as prohibiting an agreement
2		between the district where the child resides and another public
3		school district to provide special educational services if such
4		an arrangement is deemed more convenient and economical.
5		Special education and related services must be provided in
6		accordance with the student's IEP no later than 10 school
7		attendance days after notice is provided to the parents
8		pursuant to Section 300.503 of Title 34 of the Code of Federal
9		Regulations and implementing rules adopted by the State Board
10		of Education. Transportation for students in part time
11		attendance shall be provided only if required in the child's
12		individualized educational program on the basis of the child's
13		disabling condition or as the special education program
14		location may require.
15		A school board shall publish a public notice in its
16		newsletter of general circulation or in the newsletter of
17		another governmental entity of general circulation in the
18		district or if neither is available in the district, then in a
19		newspaper of general circulation in the district, the right of
20		all children with disabilities to a free appropriate public
21		education as provided under this Code. Such notice shall
22		identify the location and phone number of the office or agent
23		of the school district to whom inquiries should be directed
24		regarding the identification, assessment and placement of such
25		children.
26		School boards shall immediately provide upon request by any

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1		person written materials and other information that indicates
2		the specific policies, procedures, rules and regulations
3		regarding the identification, evaluation or educational
4		placement of children with disabilities under Section 14-8.02
5		of the School Code. Such information shall include information
6		regarding all rights and entitlements of such children under
7		this Code, and of the opportunity to present complaints with
8		respect to any matter relating to educational placement of the
9		student, or the provision of a free appropriate public
10		education and to have an impartial due process hearing on the
11		complaint. The notice shall inform the parents or guardian in
12		the parents' or guardian's native language, unless it is
13		clearly not feasible to do so, of their rights and all
14		procedures available pursuant to this Act and federal Public
15		Law 94-142; it shall be the responsibility of the State
16		Superintendent to develop uniform notices setting forth the
17		procedures available under this Act and federal Public Law
18		94-142, as amended, to be used by all school boards. The notice
19		shall also inform the parents or guardian of the availability
20		upon request of a list of free or low-cost legal and other
21		relevant services available locally to assist parents or
22		guardians in exercising rights or entitlements under this Code.
23		Any parent or guardian who is deaf, or does not normally
24		communicate using spoken English, who participates in a meeting
25		with a representative of a local educational agency for the
26		purposes of developing an individualized educational program

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1		shall be entitled to the services of an interpreter.
2		No student with a disability or, in a school district
3		organized under Article 34 of this Code, child with a learning
4		disability may be denied promotion, graduation or a general
5		diploma on the basis of failing a minimal competency test when
6		such failure can be directly related to the disabling condition
7		of the student. For the purpose of this Act, "minimal
8		competency testing" is defined as tests which are constructed
9		to measure the acquisition of skills to or beyond a certain
10		defined standard.
11		Effective July 1, 1966, high school districts are
12		financially responsible for the education of pupils with
13		disabilities who are residents in their districts when such
14		pupils have reached age 15 but may admit children with
15		disabilities into special educational facilities without
16		regard to graduation from the eighth grade after such pupils
17		have reached the age of 14 1/2 years. Upon a pupil with a
18		disability attaining the age of 14 1/2 years, it shall be the
19		duty of the elementary school district in which the pupil
20		resides to notify the high school district in which the pupil
21		resides of the pupil's current eligibility for special
22		education services, of the pupil's current program, and of all
23		evaluation data upon which the current program is based. After
24		an examination of that information the high school district may
25		accept the current placement and all subsequent timelines shall
26		be governed by the current individualized educational program;

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1		or the high school district may elect to conduct its own
2		evaluation and multidisciplinary staff conference and
3		formulate its own individualized educational program, in which
4		case the procedures and timelines contained in Section 14-8.02
5		shall apply.
6		(Source: P.A. 98-219, eff. 8-9-13; 99-143, eff. 7-27-15;
7		99-592, eff. 7-22-16; revised 9-6-16.)
8		(105 ILCS 5/21B-70)
9		Sec. 21B-70. Illinois Teaching Excellence Program.
10		(a) As used in this Section:
11		"Poverty or low-performing school" means a school
12		identified as a priority school under Section 2-3.25d-5 of this
13		Code or a school in which 50% or more of its students are
14		eligible for free or reduced-price school lunches.
15		"Qualified educator" means a teacher or school counselor
16		currently employed in a school district who is in the process
17		of obtaining certification through the National Board for
18		Professional Teaching Standards or who has completed
19		certification and holds a current Professional Educator
20		License with a National Board for Professional Teaching
21		Standards designation or a retired teacher or school counselor
22		who holds a Professional Educator License with a National Board
23		for Professional Teaching Standards designation.
24		(b) Beginning on July 1, 2011, any funds appropriated for
25		the Illinois Teaching Excellence Program must be used to

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1		provide monetary assistance and incentives for qualified
2		educators who are employed by school districts and who have or
3		are in the process of obtaining licensure through the National
4		Board for Professional Teaching Standards. The goal of the
5		program is to improve instruction and student performance.
6		The State Board of Education shall allocate an amount as
7		annually appropriated by the General Assembly for the Illinois
8		Teaching Excellence Program for (i) application fees for each
9		qualified educator seeking to complete certification through
10		the National Board for Professional Teaching Standards, to be
11		paid directly to the National Board for Professional Teaching
12		Standards, and (ii) incentives for each qualified educator to
13		be distributed to the respective school district. The school
14		district shall distribute this payment to each eligible teacher
15		or school counselor as a single payment.
16		The State Board of Education's annual budget must set out
17		by separate line item the appropriation for the program. Unless
18		otherwise provided by appropriation, qualified educators are
19		eligible for monetary assistance and incentives outlined in
20		subsection (c) of this Section.
21		(c) When there are adequate funds available, monetary
22		assistance and incentives shall include the following:
23		(1) A maximum of $2,000 towards the application fee for
24		up to 750 teachers or school counselors in a poverty or
25		low-performing school who apply on a first-come,
26		first-serve basis for National Board certification.

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1		(2) A maximum of $2,000 towards the application fee for
2		up to 250 teachers or school counselors in a school other
3		than a poverty or low-performing school who apply on a
4		first-come, first-serve basis for National Board
5		certification. However, if there were fewer than 750
6		individuals supported in item (1) of this subsection (c),
7		then the number supported in this item (2) may be increased
8		as such that the combination of item (1) of this subsection
9		(c) and this item (2) shall equal 1,000 applicants.
10		(3) A maximum of $1,000 towards the National Board for
11		Professional Teaching Standards' renewal application fee.
12		(4) (Blank).
13		(5) An annual incentive equal to $1,500, which shall be
14		paid to each qualified educator currently employed in a
15		school district who holds both a National Board for
16		Professional Teaching Standards designation and a current
17		corresponding certificate issued by the National Board for
18		Professional Teaching Standards and who agrees, in
19		writing, to provide at least 30 hours of mentoring or
20		National Board for Professional Teaching Standards
21		professional development or both during the school year to
22		classroom teachers or school counselors, as applicable.
23		Funds must be disbursed dispersed on a first-come,
24		first-serve basis, with priority given to poverty or
25		low-performing schools. Mentoring shall include, either
26		singly or in combination, the following:

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1		(A) National Board for Professional Teaching
2		Standards certification candidates.
3		(B) National Board for Professional Teaching
4		Standards re-take candidates.
5		(C) National Board for Professional Teaching
6		Standards renewal candidates.
7		(D) (Blank).
8		Funds may also be used for instructional leadership
9		training for qualified educators interested in supporting
10		implementation of the Illinois Learning Standards or teaching
11		and learning priorities of the State Board of Education or
12		both.
13		(Source: P.A. 98-646, eff. 7-1-14; 99-193, eff. 7-30-15;
14		revised 10-25-16.)
15		(105 ILCS 5/22-30)
16		Sec. 22-30. Self-administration and self-carry of asthma
17		medication and epinephrine auto-injectors; administration of
18		undesignated epinephrine auto-injectors; administration of an
19		opioid antagonist; asthma episode emergency response protocol.
20		(a) For the purpose of this Section only, the following
21		terms shall have the meanings set forth below:
22		"Asthma action plan" means a written plan developed with a
23		pupil's medical provider to help control the pupil's asthma.
24		The goal of an asthma action plan is to reduce or prevent
25		flare-ups and emergency department visits through day-to-day

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1		management and to serve as a student-specific document to be
2		referenced in the event of an asthma episode.
3		"Asthma episode emergency response protocol" means a
4		procedure to provide assistance to a pupil experiencing
5		symptoms of wheezing, coughing, shortness of breath, chest
6		tightness, or breathing difficulty.
7		"Asthma inhaler" means a quick reliever asthma inhaler.
8		"Epinephrine auto-injector" means a single-use device used
9		for the automatic injection of a pre-measured dose of
10		epinephrine into the human body.
11		"Asthma medication" means a medicine, prescribed by (i) a
12		physician licensed to practice medicine in all its branches,
13		(ii) a licensed physician assistant with prescriptive
14		authority, or (iii) a licensed advanced practice nurse with
15		prescriptive authority for a pupil that pertains to the pupil's
16		asthma and that has an individual prescription label.
17		"Opioid antagonist" means a drug that binds to opioid
18		receptors and blocks or inhibits the effect of opioids acting
19		on those receptors, including, but not limited to, naloxone
20		hydrochloride or any other similarly acting drug approved by
21		the U.S. Food and Drug Administration.
22		"School nurse" means a registered nurse working in a school
23		with or without licensure endorsed in school nursing.
24		"Self-administration" means a pupil's discretionary use of
25		his or her prescribed asthma medication or epinephrine
26		auto-injector.

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1		"Self-carry" means a pupil's ability to carry his or her
2		prescribed asthma medication or epinephrine auto-injector.
3		"Standing protocol" may be issued by (i) a physician
4		licensed to practice medicine in all its branches, (ii) a
5		licensed physician assistant with prescriptive authority, or
6		(iii) a licensed advanced practice nurse with prescriptive
7		authority.
8		"Trained personnel" means any school employee or volunteer
9		personnel authorized in Sections 10-22.34, 10-22.34a, and
10		10-22.34b of this Code who has completed training under
11		subsection (g) of this Section to recognize and respond to
12		anaphylaxis.
13		"Undesignated epinephrine auto-injector" means an
14		epinephrine auto-injector prescribed in the name of a school
15		district, public school, or nonpublic school.
16		(b) A school, whether public or nonpublic, must permit the
17		self-administration and self-carry of asthma medication by a
18		pupil with asthma or the self-administration and self-carry of
19		an epinephrine auto-injector by a pupil, provided that:
20		(1) the parents or guardians of the pupil provide to
21		the school (i) written authorization from the parents or
22		guardians for (A) the self-administration and self-carry
23		of asthma medication or (B) the self-carry of asthma
24		medication or (ii) for (A) the self-administration and
25		self-carry of an epinephrine auto-injector or (B) the
26		self-carry of an epinephrine auto-injector, written

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1		authorization from the pupil's physician, physician
2		assistant, or advanced practice nurse; and
3		(2) the parents or guardians of the pupil provide to
4		the school (i) the prescription label, which must contain
5		the name of the asthma medication, the prescribed dosage,
6		and the time at which or circumstances under which the
7		asthma medication is to be administered, or (ii) for the
8		self-administration or self-carry of an epinephrine
9		auto-injector, a written statement from the pupil's
10		physician, physician assistant, or advanced practice nurse
11		containing the following information:
12		(A) the name and purpose of the epinephrine
13		auto-injector;
14		(B) the prescribed dosage; and
15		(C) the time or times at which or the special
16		circumstances under which the epinephrine
17		auto-injector is to be administered.
18		The information provided shall be kept on file in the office of
19		the school nurse or, in the absence of a school nurse, the
20		school's administrator.
21		(b-5) A school district, public school, or nonpublic school
22		may authorize the provision of a student-specific or
23		undesignated epinephrine auto-injector to a student or any
24		personnel authorized under a student's Individual Health Care
25		Action Plan, Illinois Food Allergy Emergency Action Plan and
26		Treatment Authorization Form, or plan pursuant to Section 504

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1		of the federal Rehabilitation Act of 1973 to administer an
2		epinephrine auto-injector to the student, that meets the
3		student's prescription on file.
4		(b-10) The school district, public school, or nonpublic
5		school may authorize a school nurse or trained personnel to do
6		the following: (i) provide an undesignated epinephrine
7		auto-injector to a student for self-administration only or any
8		personnel authorized under a student's Individual Health Care
9		Action Plan, Illinois Food Allergy Emergency Action Plan and
10		Treatment Authorization Form, or plan pursuant to Section 504
11		of the federal Rehabilitation Act of 1973 to administer to the
12		student, that meets the student's prescription on file; (ii)
13		administer an undesignated epinephrine auto-injector that
14		meets the prescription on file to any student who has an
15		Individual Health Care Action Plan, Illinois Food Allergy
16		Emergency Action Plan and Treatment Authorization Form, or plan
17		pursuant to Section 504 of the federal Rehabilitation Act of
18		1973 that authorizes the use of an epinephrine auto-injector;
19		(iii) administer an undesignated epinephrine auto-injector to
20		any person that the school nurse or trained personnel in good
21		faith believes is having an anaphylactic reaction; and (iv)
22		administer an opioid antagonist to any person that the school
23		nurse or trained personnel in good faith believes is having an
24		opioid overdose.
25		(c) The school district, public school, or nonpublic school
26		must inform the parents or guardians of the pupil, in writing,

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1		that the school district, public school, or nonpublic school
2		and its employees and agents, including a physician, physician
3		assistant, or advanced practice nurse providing standing
4		protocol or prescription for school epinephrine
5		auto-injectors, are to incur no liability or professional
6		discipline, except for willful and wanton conduct, as a result
7		of any injury arising from the administration of asthma
8		medication, an epinephrine auto-injector, or an opioid
9		antagonist regardless of whether authorization was given by the
10		pupil's parents or guardians or by the pupil's physician,
11		physician assistant, or advanced practice nurse. The parents or
12		guardians of the pupil must sign a statement acknowledging that
13		the school district, public school, or nonpublic school and its
14		employees and agents are to incur no liability, except for
15		willful and wanton conduct, as a result of any injury arising
16		from the administration of asthma medication, an epinephrine
17		auto-injector, or an opioid antagonist regardless of whether
18		authorization was given by the pupil's parents or guardians or
19		by the pupil's physician, physician assistant, or advanced
20		practice nurse and that the parents or guardians must indemnify
21		and hold harmless the school district, public school, or
22		nonpublic school and its employees and agents against any
23		claims, except a claim based on willful and wanton conduct,
24		arising out of the administration of asthma medication, an
25		epinephrine auto-injector, or an opioid antagonist regardless
26		of whether authorization was given by the pupil's parents or

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1		guardians or by the pupil's physician, physician assistant, or
2		advanced practice nurse.
3		(c-5) When a school nurse or trained personnel administers
4		an undesignated epinephrine auto-injector to a person whom the
5		school nurse or trained personnel in good faith believes is
6		having an anaphylactic reaction or administers an opioid
7		antagonist to a person whom the school nurse or trained
8		personnel in good faith believes is having an opioid overdose,
9		notwithstanding the lack of notice to the parents or guardians
10		of the pupil or the absence of the parents or guardians signed
11		statement acknowledging no liability, except for willful and
12		wanton conduct, the school district, public school, or
13		nonpublic school and its employees and agents, and a physician,
14		a physician assistant, or an advanced practice nurse providing
15		standing protocol or prescription for undesignated epinephrine
16		auto-injectors, are to incur no liability or professional
17		discipline, except for willful and wanton conduct, as a result
18		of any injury arising from the use of an undesignated
19		epinephrine auto-injector or the use of an opioid antagonist
20		regardless of whether authorization was given by the pupil's
21		parents or guardians or by the pupil's physician, physician
22		assistant, or advanced practice nurse.
23		(d) The permission for self-administration and self-carry
24		of asthma medication or the self-administration and self-carry
25		of an epinephrine auto-injector is effective for the school
26		year for which it is granted and shall be renewed each

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1		subsequent school year upon fulfillment of the requirements of
2		this Section.
3		(e) Provided that the requirements of this Section are
4		fulfilled, a pupil with asthma may self-administer and
5		self-carry his or her asthma medication or a pupil may
6		self-administer and self-carry an epinephrine auto-injector
7		(i) while in school, (ii) while at a school-sponsored activity,
8		(iii) while under the supervision of school personnel, or (iv)
9		before or after normal school activities, such as while in
10		before-school or after-school care on school-operated property
11		or while being transported on a school bus.
12		(e-5) Provided that the requirements of this Section are
13		fulfilled, a school nurse or trained personnel may administer
14		an undesignated epinephrine auto-injector to any person whom
15		the school nurse or trained personnel in good faith believes to
16		be having an anaphylactic reaction (i) while in school, (ii)
17		while at a school-sponsored activity, (iii) while under the
18		supervision of school personnel, or (iv) before or after normal
19		school activities, such as while in before-school or
20		after-school care on school-operated property or while being
21		transported on a school bus. A school nurse or trained
22		personnel may carry undesignated epinephrine auto-injectors on
23		his or her person while in school or at a school-sponsored
24		activity.
25		(e-10) Provided that the requirements of this Section are
26		fulfilled, a school nurse or trained personnel may administer

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1		an opioid antagonist to any person whom the school nurse or
2		trained personnel in good faith believes to be having an opioid
3		overdose (i) while in school, (ii) while at a school-sponsored
4		activity, (iii) while under the supervision of school
5		personnel, or (iv) before or after normal school activities,
6		such as while in before-school or after-school care on
7		school-operated property. A school nurse or trained personnel
8		may carry an opioid antagonist on their person while in school
9		or at a school-sponsored activity.
10		(f) The school district, public school, or nonpublic school
11		may maintain a supply of undesignated epinephrine
12		auto-injectors in any secure location that is accessible
13		before, during, and after school where an allergic person is
14		most at risk, including, but not limited to, classrooms and
15		lunchrooms. A physician, a physician assistant who has been
16		delegated prescriptive authority in accordance with Section
17		7.5 of the Physician Assistant Practice Act of 1987, or an
18		advanced practice nurse who has been delegated prescriptive
19		authority in accordance with Section 65-40 of the Nurse
20		Practice Act may prescribe undesignated epinephrine
21		auto-injectors in the name of the school district, public
22		school, or nonpublic school to be maintained for use when
23		necessary. Any supply of epinephrine auto-injectors shall be
24		maintained in accordance with the manufacturer's instructions.
25		The school district, public school, or nonpublic school may
26		maintain a supply of an opioid antagonist in any secure

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1		location where an individual may have an opioid overdose. A
2		health care professional who has been delegated prescriptive
3		authority for opioid antagonists in accordance with Section
4		5-23 of the Alcoholism and Other Drug Abuse and Dependency Act
5		may prescribe opioid antagonists in the name of the school
6		district, public school, or nonpublic school, to be maintained
7		for use when necessary. Any supply of opioid antagonists shall
8		be maintained in accordance with the manufacturer's
9		instructions.
10		(f-3) Whichever entity initiates the process of obtaining
11		undesignated epinephrine auto-injectors and providing training
12		to personnel for carrying and administering undesignated
13		epinephrine auto-injectors shall pay for the costs of the
14		undesignated epinephrine auto-injectors.
15		(f-5) Upon any administration of an epinephrine
16		auto-injector, a school district, public school, or nonpublic
17		school must immediately activate the EMS system and notify the
18		student's parent, guardian, or emergency contact, if known.
19		Upon any administration of an opioid antagonist, a school
20		district, public school, or nonpublic school must immediately
21		activate the EMS system and notify the student's parent,
22		guardian, or emergency contact, if known.
23		(f-10) Within 24 hours of the administration of an
24		undesignated epinephrine auto-injector, a school district,
25		public school, or nonpublic school must notify the physician,
26		physician assistant, or advanced practice nurse who provided

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1		the standing protocol or prescription for the undesignated
2		epinephrine auto-injector of its use.
3		Within 24 hours after the administration of an opioid
4		antagonist, a school district, public school, or nonpublic
5		school must notify the health care professional who provided
6		the prescription for the opioid antagonist of its use.
7		(g) Prior to the administration of an undesignated
8		epinephrine auto-injector, trained personnel must submit to
9		their school's administration proof of completion of a training
10		curriculum to recognize and respond to anaphylaxis that meets
11		the requirements of subsection (h) of this Section. Training
12		must be completed annually. their The school district, public
13		school, or nonpublic school must maintain records related to
14		the training curriculum and trained personnel.
15		Prior to the administration of an opioid antagonist,
16		trained personnel must submit to their school's administration
17		proof of completion of a training curriculum to recognize and
18		respond to an opioid overdose, which curriculum must meet the
19		requirements of subsection (h-5) of this Section. Training must
20		be completed annually. Trained personnel must also submit to
21		the school's administration proof of cardiopulmonary
22		resuscitation and automated external defibrillator
23		certification. The school district, public school, or
24		nonpublic school must maintain records relating to the training
25		curriculum and the trained personnel.
26		(h) A training curriculum to recognize and respond to

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1		anaphylaxis, including the administration of an undesignated
2		epinephrine auto-injector, may be conducted online or in
3		person.
4		Training shall include, but is not limited to:
5		(1) how to recognize signs and symptoms of an allergic
6		reaction, including anaphylaxis;
7		(2) how to administer an epinephrine auto-injector;
8		and
9		(3) a test demonstrating competency of the knowledge
10		required to recognize anaphylaxis and administer an
11		epinephrine auto-injector.
12		Training may also include, but is not limited to:
13		(A) a review of high-risk areas within a school and its
14		related facilities;
15		(B) steps to take to prevent exposure to allergens;
16		(C) emergency follow-up procedures;
17		(D) how to respond to a student with a known allergy,
18		as well as a student with a previously unknown allergy; and
19		(E) other criteria as determined in rules adopted
20		pursuant to this Section.
21		In consultation with statewide professional organizations
22		representing physicians licensed to practice medicine in all of
23		its branches, registered nurses, and school nurses, the State
24		Board of Education shall make available resource materials
25		consistent with criteria in this subsection (h) for educating
26		trained personnel to recognize and respond to anaphylaxis. The

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1		State Board may take into consideration the curriculum on this
2		subject developed by other states, as well as any other
3		curricular materials suggested by medical experts and other
4		groups that work on life-threatening allergy issues. The State
5		Board is not required to create new resource materials. The
6		State Board shall make these resource materials available on
7		its Internet website.
8		(h-5) A training curriculum to recognize and respond to an
9		opioid overdose, including the administration of an opioid
10		antagonist, may be conducted online or in person. The training
11		must comply with any training requirements under Section 5-23
12		of the Alcoholism and Other Drug Abuse and Dependency Act and
13		the corresponding rules. It must include, but is not limited
14		to:
15		(1) how to recognize symptoms of an opioid overdose;
16		(2) information on drug overdose prevention and
17		recognition;
18		(3) how to perform rescue breathing and resuscitation;
19		(4) how to respond to an emergency involving an opioid
20		overdose;
21		(5) opioid antagonist dosage and administration;
22		(6) the importance of calling 911;
23		(7) care for the overdose victim after administration
24		of the overdose antagonist;
25		(8) a test demonstrating competency of the knowledge
26		required to recognize an opioid overdose and administer a

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1		dose of an opioid antagonist; and
2		(9) other criteria as determined in rules adopted
3		pursuant to this Section.
4		(i) Within 3 days after the administration of an
5		undesignated epinephrine auto-injector by a school nurse,
6		trained personnel, or a student at a school or school-sponsored
7		activity, the school must report to the State Board of
8		Education in a form and manner prescribed by the State Board
9		the following information:
10		(1) age and type of person receiving epinephrine
11		(student, staff, visitor);
12		(2) any previously known diagnosis of a severe allergy;
13		(3) trigger that precipitated allergic episode;
14		(4) location where symptoms developed;
15		(5) number of doses administered;
16		(6) type of person administering epinephrine (school
17		nurse, trained personnel, student); and
18		(7) any other information required by the State Board.
19		If a school district, public school, or nonpublic school
20		maintains or has an independent contractor providing
21		transportation to students who maintains a supply of
22		undesignated epinephrine auto-injectors, then the school
23		district, public school, or nonpublic school must report that
24		information to the State Board of Education upon adoption or
25		change of the policy of the school district, public school,
26		nonpublic school, or independent contractor, in a manner as

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1		prescribed by the State Board. The report must include the
2		number of undesignated epinephrine auto-injectors in supply.
3		(i-5) Within 3 days after the administration of an opioid
4		antagonist by a school nurse or trained personnel, the school
5		must report to the State Board of Education, in a form and
6		manner prescribed by the State Board, the following
7		information:
8		(1) the age and type of person receiving the opioid
9		antagonist (student, staff, or visitor);
10		(2) the location where symptoms developed;
11		(3) the type of person administering the opioid
12		antagonist (school nurse or trained personnel); and
13		(4) any other information required by the State Board.
14		(j) By October 1, 2015 and every year thereafter, the State
15		Board of Education shall submit a report to the General
16		Assembly identifying the frequency and circumstances of
17		epinephrine administration during the preceding academic year.
18		Beginning with the 2017 report, the report shall also contain
19		information on which school districts, public schools, and
20		nonpublic schools maintain or have independent contractors
21		providing transportation to students who maintain a supply of
22		undesignated epinephrine auto-injectors. This report shall be
23		published on the State Board's Internet website on the date the
24		report is delivered to the General Assembly.
25		(j-5) Annually, each school district, public school,
26		charter school, or nonpublic school shall request an asthma

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1		action plan from the parents or guardians of a pupil with
2		asthma. If provided, the asthma action plan must be kept on
3		file in the office of the school nurse or, in the absence of a
4		school nurse, the school administrator. Copies of the asthma
5		action plan may be distributed to appropriate school staff who
6		interact with the pupil on a regular basis, and, if applicable,
7		may be attached to the pupil's federal Section 504 plan or
8		individualized education program plan.
9		(j-10) To assist schools with emergency response
10		procedures for asthma, the State Board of Education, in
11		consultation with statewide professional organizations with
12		expertise in asthma management and a statewide organization
13		representing school administrators, shall develop a model
14		asthma episode emergency response protocol before September 1,
15		2016. Each school district, charter school, and nonpublic
16		school shall adopt an asthma episode emergency response
17		protocol before January 1, 2017 that includes all of the
18		components of the State Board's model protocol.
19		(j-15) Every 2 years, school personnel who work with pupils
20		shall complete an in-person or online training program on the
21		management of asthma, the prevention of asthma symptoms, and
22		emergency response in the school setting. In consultation with
23		statewide professional organizations with expertise in asthma
24		management, the State Board of Education shall make available
25		resource materials for educating school personnel about asthma
26		and emergency response in the school setting.

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1		(j-20) On or before October 1, 2016 and every year
2		thereafter, the State Board of Education shall submit a report
3		to the General Assembly and the Department of Public Health
4		identifying the frequency and circumstances of opioid
5		antagonist administration during the preceding academic year.
6		This report shall be published on the State Board's Internet
7		website on the date the report is delivered to the General
8		Assembly.
9		(k) The State Board of Education may adopt rules necessary
10		to implement this Section.
11		(l) Nothing in this Section shall limit the amount of
12		epinephrine auto-injectors that any type of school or student
13		may carry or maintain a supply of.
14		(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;
15		99-480, eff. 9-9-15; 99-642, eff. 7-28-16; 99-711, eff. 1-1-17;
16		99-843, eff. 8-19-16; revised 9-8-16.)
17		(105 ILCS 5/27A-9)
18		Sec. 27A-9. Term of charter; renewal.
19		(a) For charters granted before January 1, 2017 (the
20		effective date of Public Act 99-840) this amendatory Act of the
21		99th General Assembly, a charter may be granted for a period
22		not less than 5 and not more than 10 school years. For charters
23		granted on or after January 1, 2017 (the effective date of
24		Public Act 99-840) this amendatory Act of the 99th General
25		Assembly, a charter shall be granted for a period of 5 school

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1		years. For charters renewed before January 1, 2017 (the
2		effective date of Public Act 99-840) this amendatory Act of the
3		99th General Assembly, a charter may be renewed in incremental
4		periods not to exceed 5 school years. For charters renewed on
5		or after January 1, 2017 (the effective date of Public Act
6		99-840) this amendatory Act of the 99th General Assembly, a
7		charter may be renewed in incremental periods not to exceed 10
8		school years; however, the Commission may renew a charter only
9		in incremental periods not to exceed 5 years. Authorizers shall
10		ensure that every charter granted on or after January 1, 2017
11		(the effective date of Public Act 99-840) this amendatory Act
12		of the 99th General Assembly includes standards and goals for
13		academic, organizational, and financial performance. A charter
14		must meet all standards and goals for academic, organizational,
15		and financial performance set forth by the authorizer in order
16		to be renewed for a term in excess of 5 years but not more than
17		10 years. If an authorizer fails to establish standards and
18		goals, a charter shall not be renewed for a term in excess of 5
19		years. Nothing contained in this Section shall require an
20		authorizer to grant a full 10-year renewal term to any
21		particular charter school, but an authorizer may award a full
22		10-year renewal term to charter schools that have a
23		demonstrated track record of improving student performance.
24		(b) A charter school renewal proposal submitted to the
25		local school board or the Commission, as the chartering entity,
26		shall contain:

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1		(1) A report on the progress of the charter school in
2		achieving the goals, objectives, pupil performance
3		standards, content standards, and other terms of the
4		initial approved charter proposal; and
5		(2) A financial statement that discloses the costs of
6		administration, instruction, and other spending categories
7		for the charter school that is understandable to the
8		general public and that will allow comparison of those
9		costs to other schools or other comparable organizations,
10		in a format required by the State Board.
11		(c) A charter may be revoked or not renewed if the local
12		school board or the Commission, as the chartering entity,
13		clearly demonstrates that the charter school did any of the
14		following, or otherwise failed to comply with the requirements
15		of this law:
16		(1) Committed a material violation of any of the
17		conditions, standards, or procedures set forth in the
18		charter.
19		(2) Failed to meet or make reasonable progress toward
20		achievement of the content standards or pupil performance
21		standards identified in the charter.
22		(3) Failed to meet generally accepted standards of
23		fiscal management.
24		(4) Violated any provision of law from which the
25		charter school was not exempted.
26		In the case of revocation, the local school board or the

HB3855 Engrossed - 580 - LRB100 05985 AMC 16014 b
1		Commission, as the chartering entity, shall notify the charter
2		school in writing of the reason why the charter is subject to
3		revocation. The charter school shall submit a written plan to
4		the local school board or the Commission, whichever is
5		applicable, to rectify the problem. The plan shall include a
6		timeline for implementation, which shall not exceed 2 years or
7		the date of the charter's expiration, whichever is earlier. If
8		the local school board or the Commission, as the chartering
9		entity, finds that the charter school has failed to implement
10		the plan of remediation and adhere to the timeline, then the
11		chartering entity shall revoke the charter. Except in
12		situations of an emergency where the health, safety, or
13		education of the charter school's students is at risk, the
14		revocation shall take place at the end of a school year.
15		Nothing in Public Act 96-105 this amendatory Act of the 96th
16		General Assembly shall be construed to prohibit an
17		implementation timetable that is less than 2 years in duration.
18		(d) (Blank).
19		(e) Notice of a local school board's decision to deny,
20		revoke, or not to renew a charter shall be provided to the
21		Commission and the State Board. The Commission may reverse a
22		local board's decision if the Commission finds that the charter
23		school or charter school proposal (i) is in compliance with
24		this Article, and (ii) is in the best interests of the students
25		it is designed to serve. The Commission may condition the
26		granting of an appeal on the acceptance by the charter school

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1		of funding in an amount less than that requested in the
2		proposal submitted to the local school board. Final decisions
3		of the Commission shall be subject to judicial review under the
4		Administrative Review Law.
5		(f) Notwithstanding other provisions of this Article, if
6		the Commission on appeal reverses a local board's decision or
7		if a charter school is approved by referendum, the Commission
8		shall act as the authorized chartering entity for the charter
9		school. The Commission shall approve the charter and shall
10		perform all functions under this Article otherwise performed by
11		the local school board. The State Board shall determine whether
12		the charter proposal approved by the Commission is consistent
13		with the provisions of this Article and, if the approved
14		proposal complies, certify the proposal pursuant to this
15		Article. The State Board shall report the aggregate number of
16		charter school pupils resident in a school district to that
17		district and shall notify the district of the amount of funding
18		to be paid by the State Board to the charter school enrolling
19		such students. The Commission shall require the charter school
20		to maintain accurate records of daily attendance that shall be
21		deemed sufficient to file claims under Section 18-8.05
22		notwithstanding any other requirements of that Section
23		regarding hours of instruction and teacher certification. The
24		State Board shall withhold from funds otherwise due the
25		district the funds authorized by this Article to be paid to the
26		charter school and shall pay such amounts to the charter

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1		school.
2		(g) For charter schools authorized by the Commission, the
3		Commission shall quarterly certify to the State Board the
4		student enrollment for each of its charter schools.
5		(h) For charter schools authorized by the Commission, the
6		State Board shall pay directly to a charter school any federal
7		or State aid attributable to a student with a disability
8		attending the school.
9		(Source: P.A. 98-739, eff. 7-16-14; 99-840, eff. 1-1-17;
10		revised 10-27-16.)
11		(105 ILCS 5/30-14.2) (from Ch. 122, par. 30-14.2)
12		Sec. 30-14.2. MIA/POW scholarships.
13		(a) Any spouse, natural child, legally adopted child, or
14		step-child of an eligible veteran or serviceperson who
15		possesses all necessary entrance requirements shall, upon
16		application and proper proof, be awarded a MIA/POW Scholarship
17		consisting of the equivalent of 4 calendar years of full-time
18		enrollment including summer terms, to the state supported
19		Illinois institution of higher learning of his choice, subject
20		to the restrictions listed below.
21		"Eligible veteran or serviceperson" means any veteran or
22		serviceperson, including an Illinois National Guard member who
23		is on active duty or is active on a training assignment, who
24		has been declared by the U.S. Department of Defense or the U.S.
25		Department of Veterans Veterans' Affairs to be a prisoner of

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1		war, be missing in action, have died as the result of a
2		service-connected disability or have become a person with a
3		permanent disability from service-connected causes with 100%
4		disability and who (i) at the time of entering service was an
5		Illinois resident, (ii) was an Illinois resident within 6
6		months after entering such service, or (iii) until July 1,
7		2014, became an Illinois resident within 6 months after leaving
8		the service and can establish at least 30 years of continuous
9		residency in the State of Illinois.
10		Full-time enrollment means 12 or more semester hours of
11		courses per semester, or 12 or more quarter hours of courses
12		per quarter, or the equivalent thereof per term. Scholarships
13		utilized by dependents enrolled in less than full-time study
14		shall be computed in the proportion which the number of hours
15		so carried bears to full-time enrollment.
16		Scholarships awarded under this Section may be used by a
17		spouse or child without regard to his or her age. The holder of
18		a Scholarship awarded under this Section shall be subject to
19		all examinations and academic standards, including the
20		maintenance of minimum grade levels, that are applicable
21		generally to other enrolled students at the Illinois
22		institution of higher learning where the Scholarship is being
23		used. If the surviving spouse remarries or if there is a
24		divorce between the veteran or serviceperson and his or her
25		spouse while the dependent is pursuing his or her course of
26		study, Scholarship benefits will be terminated at the end of

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1		the term for which he or she is presently enrolled. Such
2		dependents shall also be entitled, upon proper proof and
3		application, to enroll in any extension course offered by a
4		State supported Illinois institution of higher learning
5		without payment of tuition and approved fees.
6		The holder of a MIA/POW Scholarship authorized under this
7		Section shall not be required to pay any matriculation or
8		application fees, tuition, activities fees, graduation fees or
9		other fees, except multipurpose building fees or similar fees
10		for supplies and materials.
11		Any dependent who has been or shall be awarded a MIA/POW
12		Scholarship shall be reimbursed by the appropriate institution
13		of higher learning for any fees which he or she has paid and
14		for which exemption is granted under this Section if
15		application for reimbursement is made within 2 months following
16		the end of the school term for which the fees were paid.
17		(b) In lieu of the benefit provided in subsection (a), any
18		spouse, natural child, legally adopted child, or step-child of
19		an eligible veteran or serviceperson, which spouse or child has
20		a physical, mental or developmental disability, shall be
21		entitled to receive, upon application and proper proof, a
22		benefit to be used for the purpose of defraying the cost of the
23		attendance or treatment of such spouse or child at one or more
24		appropriate therapeutic, rehabilitative or educational
25		facilities. The application and proof may be made by the parent
26		or legal guardian of the spouse or child on his or her behalf.

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1		The total benefit provided to any beneficiary under this
2		subsection shall not exceed the cost equivalent of 4 calendar
3		years of full-time enrollment, including summer terms, at the
4		University of Illinois. Whenever practicable in the opinion of
5		the Department of Veterans' Affairs, payment of benefits under
6		this subsection shall be made directly to the facility, the
7		cost of attendance or treatment at which is being defrayed, as
8		such costs accrue.
9		(c) The benefits of this Section shall be administered by
10		and paid for out of funds made available to the Illinois
11		Department of Veterans' Affairs. The amounts that become due to
12		any state supported Illinois institution of higher learning
13		shall be payable by the Comptroller to such institution on
14		vouchers approved by the Illinois Department of Veterans'
15		Affairs. The amounts that become due under subsection (b) of
16		this Section shall be payable by warrant upon vouchers issued
17		by the Illinois Department of Veterans' Affairs and approved by
18		the Comptroller. The Illinois Department of Veterans' Affairs
19		shall determine the eligibility of the persons who make
20		application for the benefits provided for in this Section.
21		(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;
22		revised 9-2-16.)
23		(105 ILCS 5/34-18.49)
24		Sec. 34-18.49. Carbon monoxide alarm required.
25		(a) In this Section:

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1		"Approved carbon monoxide alarm" and "alarm" have the
2		meaning ascribed to those terms in the Carbon Monoxide Alarm
3		Detector Act.
4		"Carbon monoxide detector" and "detector" mean a device
5		having a sensor that responds to carbon monoxide gas and that
6		is connected to an alarm control unit and approved in
7		accordance with rules adopted by the State Fire Marshal.
8		(b) The board shall require that each school under its
9		authority be equipped with approved carbon monoxide alarms or
10		carbon monoxide detectors. The alarms must be powered as
11		follows:
12		(1) For a school designed before January 1, 2016 (the
13		effective date of Public Act 99-470) this amendatory Act of
14		the 99th General Assembly, alarms powered by batteries are
15		permitted. Alarms permanently powered by the building's
16		electrical system and monitored by any required fire alarm
17		system are also permitted.
18		(2) For a school designed on or after January 1, 2016
19		(the effective date of Public Act 99-470) this amendatory
20		Act of the 99th General Assembly, alarms must be
21		permanently powered by the building's electrical system or
22		be an approved carbon monoxide detection system. An
23		installation required in this subdivision (2) must be
24		monitored by any required fire alarm system.
25		Alarms or detectors must be located within 20 feet of a
26		carbon monoxide emitting device. Alarms or detectors must be in

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1		operating condition and be inspected annually. A school is
2		exempt from the requirements of this Section if it does not
3		have or is not close to any sources of carbon monoxide. A
4		school must require plans, protocols, and procedures in
5		response to the activation of a carbon monoxide alarm or carbon
6		monoxide detection system.
7		(Source: P.A. 99-470, eff. 1-1-16; revised 9-6-16.)
8		(105 ILCS 5/34-18.50)
9		Sec. 34-18.50. Accelerate College pilot program. The
10		district may enter into an Accelerate College educational
11		partnership agreement as authorized under Section 3-42.4 of the
12		Public Community College Act.
13		(Source: P.A. 99-611, eff. 7-22-16.)
14		(105 ILCS 5/34-18.51)
15		Sec. 34-18.51 34-18.49. Committee on the retention of
16		students.
17		(a) The board may create a committee on the retention of
18		students. The committee shall consist of the general
19		superintendent of schools or his or her designee, a district
20		administrator who directs student instruction and curriculum,
21		a principal from a school of the district, and a teacher from a
22		school of the district.
23		(b) Prior to retention in a grade, a school may submit, by
24		a date as set by the committee on the retention of students,

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1		the names of all students determined by the school to not
2		qualify for promotion to the next higher grade and the reason
3		for that determination. The committee shall review the school's
4		decision to retain with respect to each student and shall make
5		a final decision regarding whether or not to retain a
6		particular student. The committee shall take into
7		consideration the relevant data and evidence gathered during
8		the Response to Intervention process. The committee may vote to
9		overturn a retention decision if the committee determines that
10		the student should be promoted after examining the student's
11		access to remedial assistance, performance, attendance, and
12		participation and the resources and facilities provided by the
13		school district or due to the student having an undiagnosed
14		learning disability.
15		(Source: P.A. 99-592, eff. 7-22-16; revised 9-6-16.)
16		(105 ILCS 5/34-18.52)
17		Sec. 34-18.52 34-18.50. DCFS liaison.
18		(a) The board may appoint at least one employee to act as a
19		liaison to facilitate the enrollment and transfer of records of
20		students in the legal custody of the Department of Children and
21		Family Services when enrolling in or changing schools. The
22		board may appoint any employee of the school district who is
23		licensed under Article 21B of this Code to act as a liaison;
24		however, employees who meet any of the following criteria must
25		be prioritized for appointment:

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1		(1) Employees who have worked with mobile student
2		populations or students in foster care.
3		(2) Employees who are familiar with enrollment, record
4		transfers, existing community services, and student
5		support services.
6		(3) Employees who serve as a high-level administrator.
7		(4) Employees who are counselors or have experience
8		with student counseling.
9		(5) Employees who are knowledgeable on child welfare
10		policies.
11		(6) Employees who serve as a school social worker.
12		(b) Liaisons under this Section are encouraged to build
13		capacity and infrastructure within the school district to
14		support students in the legal custody of the Department of
15		Children and Family Services. Liaison responsibilities may
16		include the following:
17		(1) streamlining the enrollment processes for students
18		in foster care;
19		(2) implementing student data tracking and monitoring
20		mechanisms;
21		(3) ensuring that students in the legal custody of the
22		Department of Children and Family Services receive all
23		school nutrition and meal programs available;
24		(4) coordinating student withdrawal from a school,
25		record transfers, and credit recovery;
26		(5) becoming experts on the foster care system and

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1		State laws and policies in place that support children
2		under the legal custody of the Department of Children and
3		Family Services;
4		(6) coordinating with child welfare partners;
5		(7) providing foster care-related information and
6		training to the school district;
7		(8) working with the Department of Children and Family
8		Services to help students maintain their school placement,
9		if appropriate;
10		(9) reviewing student schedules to ensure that
11		students are on track to graduate;
12		(10) encouraging a successful transition into
13		adulthood and post-secondary opportunities;
14		(11) encouraging involvement in extracurricular
15		activities; and
16		(12) knowing what support is available within the
17		school district and community for students in the legal
18		custody of the Department of Children and Family Services.
19		(c) The school district is encouraged to designate a
20		liaison by the beginning of the 2017-2018 school year.
21		(d) Individuals licensed under Article 21B of this Code
22		acting as a liaison under this Section shall perform the duties
23		of a liaison in addition to existing contractual obligations.
24		(Source: P.A. 99-781, eff. 8-12-16; revised 10-18-16.)
25		(105 ILCS 5/34-54.2) (from Ch. 122, par. 34-54.2)

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1		Sec. 34-54.2. Taxes levied in 1989 and 1990.
2		(a) All real property taxes levied by the board in 1989 and
3		1990 are confirmed and validated, and are declared to be and
4		are valid, in all respects as if they had been timely and
5		properly levied by the city council upon the demand and
6		direction of the Board. It shall not be a valid ground for any
7		person in any way to object to, protest, bring any proceeding
8		with regard to or defend against the collection of any such
9		taxes, that the taxes were levied by the board.
10		(b) The board may levy taxes against all taxable property
11		located within the city in an amount equal to all taxes
12		purported to be levied by the board in 1989 and in 1990, for
13		each purpose for which taxes were purported so to be levied, to
14		the extent those taxes shall not yet have been extended for
15		collection at the time of the levy authorized by this paragraph
16		(b). The taxes authorized to be levied by this paragraph (b)
17		shall be levied by a resolution of the board selected pursuant
18		to Public Act 86-1477 this amendatory Act of 1991. The
19		resolution shall be adopted upon concurrence of a majority of
20		the members of the board. The taxes levied pursuant to this
21		paragraph (b) shall be extended for collection in 1991 and
22		subsequent years and in amounts so that they do not exceed the
23		maximum rates at which taxes may be extended for the various
24		school purposes, all as shall be set forth in a certificate of
25		the controller of the board as provided in Section Sec. 34-54.1
26		of this the School Code, as amended. Taxes levied pursuant to

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1		this paragraph (b) shall be in addition to all other taxes
2		which have been or may be levied by or for the board, except
3		that the extension of taxes levied pursuant to this paragraph
4		(b), to the extent valid and legal in all respects, shall be an
5		abatement of the same amount of taxes previously purported to
6		be levied by the board which were to have been extended in the
7		same year for the same purpose, it being the intention of the
8		General Assembly that there not be extended duplicate taxes for
9		the same year and purpose. It shall not be necessary that the
10		board give any notice or conduct any hearings for any purpose
11		whatsoever or to have adopted any proceedings with respect to
12		any budget, in connection with the levy and extension of taxes
13		pursuant to this paragraph (b). The board shall cause a
14		certified copy of its resolution levying taxes pursuant to this
15		paragraph (b) to be filed with the county clerk of each county
16		in which any taxable property in the city is located within 30
17		days after the adoption of the resolution.
18		(Source: P.A. 86-1477; revised 9-2-16.)
19		(105 ILCS 5/34A-404) (from Ch. 122, par. 34A-404)
20		Sec. 34A-404. Budgets. The Board shall develop and adopt
21		and submit to the Authority on or before February 1, 1980, for
22		approval by the Authority, a revised Budget for the remaining
23		portion of the Fiscal Year ending in 1980 and, thereafter, an
24		annual Budget for each Fiscal Year. After adoption by the
25		Board, the Board shall submit each Budget to the Authority for

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1		its approval not later than 30 days prior to the commencement
2		of the Fiscal Year to which the Budget relates. The Authority
3		shall approve or reject the Budget within 15 days of its
4		receipt from the Board. No Budget shall have force or effect
5		without approval of the Authority. Each Budget shall be
6		developed, submitted, approved and monitored in accordance
7		with the following procedures:
8		(a) Each Budget submitted by the Board shall be based
9		upon revenue estimates approved or prepared by the
10		Authority, as provided in paragraph (a) of Section 34A-403
11		of this Article.
12		(b) Each Budget shall contain such information and
13		detail as may be prescribed by the Authority. The Authority
14		may also prescribe any reasonable time, standards,
15		procedures or forms for preparation and submission of the
16		Budget. Any deficit for the Fiscal Year ending in 1981 and
17		for any Fiscal Year thereafter shall be included as a
18		current expense item for the succeeding Fiscal Year.
19		(c)(1) The Authority shall approve each Budget if, in
20		its judgment, the Budget is complete, is reasonably capable
21		of being achieved, will meet the requirement set forth in
22		Section 34A-402 of this Article, and will be consistent
23		with the Financial Plan in effect. Otherwise, the Authority
24		shall reject the Budget. In the event of rejection, the
25		Authority may prescribe a procedure and standards for
26		revision of the Budget by the Board.

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1		(c)(2) For any Fiscal Year, the Authority may approve a
2		provisional budget that, in its judgment, will satisfy the
3		standards of subdivision (c)(1) of this Section if,
4		notwithstanding the provisions of the Illinois Educational
5		Labor Relations Act or any other law to the contrary, the
6		amount appropriated therein for all spending for
7		operations shall not at any time, on an annualized basis,
8		exceed an Expenditure Limitation established by the
9		Authority. The Authority may establish and enforce,
10		including by exercise of its powers under Section
11		34A-409(b), such monitoring and control measures as it
12		deems necessary to assure that the commitments,
13		obligations, expenditures, and cash disbursements of the
14		Board continue to conform on an ongoing basis with any
15		Expenditure Limitation. No commitment, contract, or other
16		obligation of the Board in excess of the Expenditure
17		Limitation shall be legally binding, and any member of the
18		Board or any local school council, or officer, employee or
19		agent thereof, who violates the provisions of this Section
20		shall be subject to the provisions of Sections 34-52 and
21		34A-608. An Expenditure Limitation established by the
22		Authority shall remain in effect for that Fiscal Year or
23		until revoked by the Authority.
24		(d) The Board shall report to the Authority at such
25		times and in such manner as the Authority may direct,
26		concerning the Board's compliance with each Budget. The

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1		Authority may review the Board's operations, obtain
2		budgetary data and financial statements, require the Board
3		to produce reports, and have access to any other
4		information in the possession of the Board that the
5		Authority deems relevant. The Authority may issue
6		recommendations or directives within its powers to the
7		Board to assure compliance with the Budget. The Board shall
8		produce such budgetary data, financial statements, reports
9		and other information and comply with such directives.
10		(e) After approval of each Budget, the Board shall
11		promptly notify the Authority of any material change in the
12		revenue or expenditure estimates in the Budget. The Board
13		may submit to the Authority, or the Authority may require
14		the Board to submit, a supplemental Budget. The Authority
15		shall approve or reject each supplemental Budget pursuant
16		to paragraph (c) of this Section.
17		(Source: P.A. 88-511; revised 9-2-16.)
18		Section 335. The Education for Homeless Children Act is
19		amended by changing Section 1-10 as follows:
20		(105 ILCS 45/1-10)
21		Sec. 1-10. Choice of schools.
22		(a) When a child loses permanent housing and becomes a
23		homeless person within the meaning of Section 1-5 5, or when a
24		homeless child changes his or her temporary living

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1		arrangements, the parents or guardians of the homeless child
2		shall have the option of either:
3		(1) continuing the child's education in the school of
4		origin for as long as the child remains homeless or, if the
5		child becomes permanently housed, until the end of the
6		academic year during which the housing is acquired; or
7		(2) enrolling the child in any school that nonhomeless
8		students who live in the attendance area in which the child
9		or youth is actually living are eligible to attend.
10		(Source: P.A. 88-634, eff. 1-1-95; revised 10-25-16.)
11		Section 340. The Speech Rights of Student Journalists Act
12		is amended by changing Section 5 as follows:
13		(105 ILCS 80/5)
14		Sec. 5. Definitions. As used in this Act:
15		"School official" means a school's principal or his or her
16		designee."
17		"School-sponsored media" means any material that is
18		prepared, substantially written, published, or broadcast by a
19		student journalist at a public school, distributed or generally
20		made available to members of the student body, and prepared
21		under the direction of a student media adviser.
22		School-sponsored media does not include media intended for
23		distribution or transmission solely in the classroom in which
24		the media is produced.

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1		"Student journalist" means a public high school student who
2		gathers, compiles, writes, edits, photographs, records, or
3		prepares information for dissemination in school-sponsored
4		media.
5		"Student media adviser" means an individual employed,
6		appointed, or designated by a school district to supervise or
7		provide instruction relating to school-sponsored media.
8		(Source: P.A. 99-678, eff. 7-29-16; revised 10-25-16.)
9		Section 345. The Career and Workforce Transition Act is
10		amended by changing Section 5 as follows:
11		(110 ILCS 151/5)
12		Sec. 5. Definitions. In this Act:
13		"Board" means the Illinois Community College Board.
14		"Institution" means a non-degree granting institution that
15		is regulated and approved by the Board of Higher Education
16		under the Private Business and Vocational Schools Act of 2012
17		and that is nationally accredited by an accreditor approved by
18		the U.S. Department of Education.
19		(Source: P.A. 99-468, eff. 1-1-16; revised 10-25-16.)
20		Section 350. The University of Illinois Construction
21		Financing Act is amended by changing Section 1 as follows:
22		(110 ILCS 415/1) (from Ch. 144, par. 68)

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1		Sec. 1. For the purpose of obtaining a grant or inducing
2		the making of a grant by the United States or any agency
3		thereof (herein called the "Government") or a grant, gift or
4		loan by or from any person or corporation, to aid in financing
5		the acquiring, constructing or equipping of any one or more, or
6		all university, college, or educational building or buildings
7		(herein called the "project") on which the Board of Trustees of
8		the University of Illinois (herein called the "Board") shall
9		enter into a year-to-year year to year or other lease, or be
10		given the privilege to enter into any such lease, the Board
11		shall have the following powers in addition to those conferred
12		by other laws:
13		1. To create a trust or trusts (the trustee or trustees
14		thereunder being herein called the "active trustee" ') for
15		the purpose of acquiring, constructing, equipping any one
16		or more, or all, such projects and providing for the use
17		thereof during such period as the Board may determine and
18		for other purposes, which trust may be for exclusively
19		university or other public educational purposes; to
20		convey, upon such terms as it may determine, any of its
21		property to an active trustee to be held in trust under the
22		terms and provisions of the trust agreement relating
23		thereto;
24		2. To enter into trust agreements creating trusts which
25		shall be and constitute charitable trusts and shall not be
26		subject to the rule against perpetuities, providing the

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1		powers and duties of the active trustee, which may consist
2		of such powers and duties as the Board may deem necessary
3		or convenient to accomplish the purposes of the trust,
4		including, without limiting the generality of the
5		foregoing, the power of such active trustee:
6		(a) to construct, reconstruct, improve, alter and
7		repair any such project; to hold, manage, operate, use,
8		insure, lease or rent any project;
9		(b) to issue negotiable bonds, notes or interim
10		receipts (herein called the "bonds") maturing over a
11		period not exceeding 30 years for the purpose of aiding
12		in financing any project and to make covenants securing
13		the bonds or relating to the bonds and the disposition
14		and use of the proceeds thereof;
15		(c) to secure such bonds by an indenture to a
16		trustee or trustees for the holders of such bonds
17		(herein called the "bondholders' trustee") providing
18		the rights and powers of such trustee and of the
19		bondholders, their respective rights to enforce the
20		payment of the bonds or any covenants securing or
21		relating to same, which shall not, however, include the
22		right to forfeit or obtain title to the project through
23		foreclosure proceedings or otherwise; to covenant as
24		to events of default, the consequences thereof and the
25		conditions upon which bonds may become or be declared
26		due before maturity;

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1		(d) to confer upon the bondholders' trustee the
2		power, in case of a default under the bonds or
3		indenture securing same, to enforce the payments of all
4		sums due under leases of any project, to compel the
5		performance of any covenants or conditions therein, to
6		take possession, use, operate, manage and control any
7		project and collect and dispose of the rents therefrom;
8		in the event that such powers are conferred upon the
9		bondholders' trustee, same may be exercised by it
10		without its forfeiting or obtaining title to the
11		project through foreclosure proceedings or otherwise;
12		(e) to confer upon the bondholders' trustee the
13		power, in case of a default under the bonds or
14		indenture securing same, to lease, use or operate a
15		project for purposes other than those for which the
16		active trustee itself may lease, use or operate same;
17		the conferring of such power upon the bondholders'
18		trustee shall not, however, affect the validity or
19		exclusively public educational character of a trust or
20		the property held by the active trustee thereunder;
21		(f) to execute all instruments and contracts and to
22		do all things necessary or convenient to carry out the
23		powers conferred by such trust agreement.
24		3. To enter into agreements creating or authorizing the
25		creation of special funds for moneys held for the
26		construction of any project and to covenant as to the use

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1		and disposition of the moneys held in such funds;
2		4. To enter into a year-to-year year to year or other
3		lease on any such projects, with the privilege in the Board
4		of terminating or not renewing such lease for any year or
5		years, upon giving such notice as may be prescribed in such
6		lease; such lease shall be in such form, with such rental,
7		terms, parties and conditions as the Board may determine;
8		to obtain options to lease any such projects from year to
9		year, and to exercise such options; to vest in its lessor
10		and in a trustee for the holders of bonds issued by its
11		lessor, the right by mandamus, injunction, civil action or
12		proceedings, to enforce the payment by the Board of any
13		sums due under any such lease or to compel its performance
14		of any covenants or conditions contained therein;
15		5. To agree with the Government that if the Board
16		leases any such project or projects from an active trustee,
17		a bondholders' trustee or otherwise, the Board shall pledge
18		for the payment of its rentals or the performance of its
19		obligations under any such lease its own receipts,
20		collections or trust funds thereunto available (herein
21		called "funds") which it is authorized by law to retain in
22		its own treasury for the performance of any contract or
23		undertaking with the Government or any person in connection
24		with any grant, advance, loan, trust agreement or contract
25		for the erection of a building or buildings; to pledge and
26		use said funds for the payment of its rents or for the

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1		performance of its obligations under any such lease;
2		provided, however, that the aggregate amount pledged by the
3		Board for the payment in any year of rentals or obligations
4		under such lease or leases of any project for the
5		construction of which the Government makes both a loan and
6		a grant together with all sums pledged for the payment in
7		any such year of other obligations incurred by the Board
8		under the University of Illinois Works Projects Act "An Act
9		to authorize the Board of Trustees of the University of
10		Illinois to enter into contracts with the United States for
11		the erection of buildings and improvements, pursuant to
12		Public Resolution 11, 74th Congress, First Session, House
13		Joint Resolution 117, approved by the President of the
14		United States April 8, 1935, at 4:00 p.m., and to authorize
15		the financing of such improvements in conformity with such
16		resolution, the National Industrial Recovery Act, and such
17		other Acts of Congress enacted for the purpose of aiding
18		the processes of national recovery," approved July 11,
19		1935, or this Act, or under both such Acts, for the
20		construction of which the Government makes both a loan and
21		a grant, and including the Congressional Resolution
22		approved June 29, 1937, as amended June 21, 1938, known as
23		Federal Public Buildings Appropriation Act of 1938, and
24		other acts of the United States Congress heretofore or
25		hereafter enacted for the purpose of providing public
26		buildings for the States and governmental agencies

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1		thereof, shall not exceed the sum of $100,000; to covenant
2		against pledging all or any part of said receipts or
3		collections or permitting or suffering any lien thereon;
4		6. To create a trust or trusts, in which the Board
5		itself may serve as trustee, for the acquisition, through
6		lease, purchase or construction, and for maintenance and
7		operation of self-liquidating buildings, such as a student
8		center building or student residence halls, or both,
9		through the collection of service charges or rentals from
10		students, and for whose use such funds shall be held by the
11		Board in its own treasury, which service charges or rentals
12		shall be so held in trust by the Board and expended solely
13		for the purpose described in the instruments creating the
14		trust or trusts;
15		7. To exercise all or any part or combination of the
16		powers herein granted and to execute all instruments and
17		contracts and to do all things necessary or convenient to
18		carry out the powers herein granted; provided, however,
19		that the obligations under leases, trust agreements or
20		otherwise incurred by the Board pursuant to this Act shall
21		not be a debt of the State of Illinois and the State shall
22		not be liable thereon, and provided further that the bonds
23		and other obligations of an active trustee appointed
24		hereunder by the Board shall not be a debt of the Board or
25		the State and neither the Board nor the State shall be
26		liable thereon, and the bonds shall in substance so recite.

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1		The obligations under leases, trust agreements or
2		otherwise incurred hereunder by the Board and the bonds or
3		other obligations of an active trustee appointed hereunder
4		shall not constitute an indebtedness within the meaning of
5		any constitutional or other debt limitation or
6		restriction.
7		(Source: P.A. 83-345; revised 9-2-16.)
8		Section 355. The Higher Education Student Assistance Act is
9		amended by changing Sections 90 and 135 as follows:
10		(110 ILCS 947/90)
11		Sec. 90. State income tax refund and other payment
12		intercept. The Commission may provide by rule for
13		certification to the Comptroller: (a) of delinquent or
14		defaulted amounts due and owing owning from a borrower on any
15		loan guaranteed by the Commission under this Act or on any
16		"eligible loan" as that term is defined under the Educational
17		Loan Purchase Program Law; and (b) of any amounts recoverable
18		under Section 120 in a civil action from a person who received
19		a scholarship, grant, monetary award, or guaranteed loan. The
20		purpose of certification shall be to intercept State income tax
21		refunds and other payments due such borrowers and persons in
22		order to satisfy, in whole or in part: (i) delinquent or
23		defaulted amounts due and owing from any such borrower on any
24		such guaranteed or eligible loan; and (ii) amounts recoverable

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1		from a person against whom a civil action will lie under the
2		provisions of Section 120. The rule shall provide for notice to
3		any such borrower or person affected, and any final
4		administrative decision rendered by the Commission with
5		respect to any certification made pursuant to this Section
6		shall be reviewed only under and in accordance with the
7		Administrative Review Law.
8		(Source: P.A. 87-997; revised 9-2-16.)
9		(110 ILCS 947/135)
10		Sec. 135. Definitions. In this Act, and except to the
11		extent that any of the following words or phrases is
12		specifically qualified by its context:
13		(a) "Purchase Program" means the Commission exercising its
14		power to establish a secondary market for certain loans of
15		borrowers by the purchase thereof with the proceeds from the
16		sale of the bonds of the Commission issued pursuant to this
17		Act, with the earnings received by the Commission from any
18		authorized investment, or with eligible loan receipts.
19		(b) "Eligible loans" means loans of borrowers made,
20		purchased, or guaranteed by or transferred to the Commission,
21		including but not limited to loans on which:
22		(1) the borrower is contractually delinquent in his
23		repayment obligations within time limitations specified by
24		the Commission; or
25		(2) the borrower is temporarily unable to meet his

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1		repayment obligations for reasons of unemployment, or
2		financial, medical or other hardship as determined by the
3		Commission; or
4		(3) the borrower has at least one loan held by the
5		Commission under the Purchase Program; or
6		(4) the borrower's lender, because of the bankruptcy of
7		that lender, is no longer able or the Commission otherwise
8		determines that such lender is no longer able to
9		satisfactorily service the borrower's loan or fulfill the
10		borrower's credit needs under the Commission's program; or
11		(5) the borrower has defaulted on his loan, but has
12		subsequently established a satisfactory repayment history
13		under the rules of the Commission; and notwithstanding the
14		limitations of this Act, the Purchase Program shall have
15		the authority to purchase those defaulted accounts in order
16		to restore the borrower's credit rating and continued
17		eligibility for benefits under other Federal student
18		assistance programs.
19		Nothing in this Act shall be construed to prohibit the
20		Commission from making or purchasing any category of loans if
21		the Commission determines that the making or purchasing of such
22		loans would tend to make more loans available to eligible
23		borrowers.
24		Nothing in this Act shall be construed to excuse the holder
25		of an eligible loan from exercising reasonable care and
26		diligence in the making and collecting of such loans. If the

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1		Commission finds that the lender has substantially failed to
2		exercise that care and diligence, the Commission shall
3		disqualify the lender from participation in Commission
4		programs until the Commission is satisfied that the lender's
5		failure has ceased and finds that there is reasonable assurance
6		that the lender will in the future exercise necessary care and
7		diligence and comply with the rules and regulations of the
8		Commission.
9		(c) "Eligible loan receipts" means any of the following:
10		(1) Principal, accrued interest, late charges and
11		other sums paid on eligible loans held by the Commission.
12		(2) Reimbursements paid by the federal government, the
13		State of Illinois, the Commission exercising its power to
14		guarantee the loans of borrowers, or any other source held
15		by the Commission.
16		(3) Accruing interest payments and special allowance
17		payments paid by the federal government pursuant to the
18		Higher Education Act of 1965. or any other federal statute
19		providing for federal payment of interest and special
20		allowances on loans or by any other source on eligible
21		loans held by the Commission.
22		(4) Any other sums paid by any source to the Commission
23		on or for eligible loans held by the Commission.
24		(d) "Bonds" means bonds, notes, and other evidences of
25		borrowing of the Commission.
26		(Source: P.A. 88-553; 89-442, eff. 12-21-95; revised 9-2-16.)

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1		Section 360. The Savings Bank Act is amended by changing
2		Sections 4013, 5001, and 9002.5 as follows:
3		(205 ILCS 205/4013) (from Ch. 17, par. 7304-13)
4		Sec. 4013. Access to books and records; communication with
5		members and shareholders.
6		(a) Every member or shareholder shall have the right to
7		inspect books and records of the savings bank that pertain to
8		his accounts. Otherwise, the right of inspection and
9		examination of the books and records shall be limited as
10		provided in this Act, and no other person shall have access to
11		the books and records nor shall be entitled to a list of the
12		members or shareholders.
13		(b) For the purpose of this Section, the term "financial
14		records" means any original, any copy, or any summary of (1) a
15		document granting signature authority over a deposit or
16		account; (2) a statement, ledger card, or other record on any
17		deposit or account that shows each transaction in or with
18		respect to that account; (3) a check, draft, or money order
19		drawn on a savings bank or issued and payable by a savings
20		bank; or (4) any other item containing information pertaining
21		to any relationship established in the ordinary course of a
22		savings bank's business between a savings bank and its
23		customer, including financial statements or other financial
24		information provided by the member or shareholder.

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1		(c) This Section does not prohibit:
2		(1) The preparation, examination, handling, or
3		maintenance of any financial records by any officer,
4		employee, or agent of a savings bank having custody of
5		records or examination of records by a certified public
6		accountant engaged by the savings bank to perform an
7		independent audit.
8		(2) The examination of any financial records by, or the
9		furnishing of financial records by a savings bank to, any
10		officer, employee, or agent of the Commissioner of Banks
11		and Real Estate or the federal depository institution
12		regulator for use solely in the exercise of his duties as
13		an officer, employee, or agent.
14		(3) The publication of data furnished from financial
15		records relating to members or holders of capital where the
16		data cannot be identified to any particular member,
17		shareholder, or account.
18		(4) The making of reports or returns required under
19		Chapter 61 of the Internal Revenue Code of 1986.
20		(5) Furnishing information concerning the dishonor of
21		any negotiable instrument permitted to be disclosed under
22		the Uniform Commercial Code.
23		(6) The exchange in the regular course of business of
24		(i) credit information between a savings bank and other
25		savings banks or financial institutions or commercial
26		enterprises, directly or through a consumer reporting

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1		agency or (ii) financial records or information derived
2		from financial records between a savings bank and other
3		savings banks or financial institutions or commercial
4		enterprises for the purpose of conducting due diligence
5		pursuant to a purchase or sale involving the savings bank
6		or assets or liabilities of the savings bank.
7		(7) The furnishing of information to the appropriate
8		law enforcement authorities where the savings bank
9		reasonably believes it has been the victim of a crime.
10		(8) The furnishing of information pursuant to the
11		Uniform Disposition of Unclaimed Property Act.
12		(9) The furnishing of information pursuant to the
13		Illinois Income Tax Act and the Illinois Estate and
14		Generation-Skipping Transfer Tax Act.
15		(10) The furnishing of information pursuant to the
16		federal "Currency and Foreign Transactions Reporting Act",
17		(Title 31, United States Code, Section 1051 et seq.).
18		(11) The furnishing of information pursuant to any
19		other statute which by its terms or by regulations
20		promulgated thereunder requires the disclosure of
21		financial records other than by subpoena, summons,
22		warrant, or court order.
23		(12) The furnishing of information in accordance with
24		the federal Personal Responsibility and Work Opportunity
25		Reconciliation Act of 1996. Any savings bank governed by
26		this Act shall enter into an agreement for data exchanges

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1		with a State agency provided the State agency pays to the
2		savings bank a reasonable fee not to exceed its actual cost
3		incurred. A savings bank providing information in
4		accordance with this item shall not be liable to any
5		account holder or other person for any disclosure of
6		information to a State agency, for encumbering or
7		surrendering any assets held by the savings bank in
8		response to a lien or order to withhold and deliver issued
9		by a State agency, or for any other action taken pursuant
10		to this item, including individual or mechanical errors,
11		provided the action does not constitute gross negligence or
12		willful misconduct. A savings bank shall have no obligation
13		to hold, encumber, or surrender assets until it has been
14		served with a subpoena, summons, warrant, court or
15		administrative order, lien, or levy.
16		(13) The furnishing of information to law enforcement
17		authorities, the Illinois Department on Aging and its
18		regional administrative and provider agencies, the
19		Department of Human Services Office of Inspector General,
20		or public guardians: (i) upon subpoena by the investigatory
21		entity or the guardian, or (ii) if there is suspicion by
22		the savings bank that a customer who is an elderly person
23		or person with a disability has been or may become the
24		victim of financial exploitation. For the purposes of this
25		item (13), the term: (i) "elderly person" means a person
26		who is 60 or more years of age, (ii) "person with a

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1		disability" means a person who has or reasonably appears to
2		the savings bank to have a physical or mental disability
3		that impairs his or her ability to seek or obtain
4		protection from or prevent financial exploitation, and
5		(iii) "financial exploitation" means tortious or illegal
6		use of the assets or resources of an elderly person or
7		person with a disability, and includes, without
8		limitation, misappropriation of the assets or resources of
9		the elderly person or person with a disability by undue
10		influence, breach of fiduciary relationship, intimidation,
11		fraud, deception, extortion, or the use of assets or
12		resources in any manner contrary to law. A savings bank or
13		person furnishing information pursuant to this item (13)
14		shall be entitled to the same rights and protections as a
15		person furnishing information under the Adult Protective
16		Services Act and the Illinois Domestic Violence Act of
17		1986.
18		(14) The disclosure of financial records or
19		information as necessary to effect, administer, or enforce
20		a transaction requested or authorized by the member or
21		holder of capital, or in connection with:
22		(A) servicing or processing a financial product or
23		service requested or authorized by the member or holder
24		of capital;
25		(B) maintaining or servicing an account of a member
26		or holder of capital with the savings bank; or

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1		(C) a proposed or actual securitization or
2		secondary market sale (including sales of servicing
3		rights) related to a transaction of a member or holder
4		of capital.
5		Nothing in this item (14), however, authorizes the sale
6		of the financial records or information of a member or
7		holder of capital without the consent of the member or
8		holder of capital.
9		(15) The exchange in the regular course of business of
10		information between a savings bank and any commonly owned
11		affiliate of the savings bank, subject to the provisions of
12		the Financial Institutions Insurance Sales Law.
13		(16) The disclosure of financial records or
14		information as necessary to protect against or prevent
15		actual or potential fraud, unauthorized transactions,
16		claims, or other liability.
17		(17)(a) The disclosure of financial records or
18		information related to a private label credit program
19		between a financial institution and a private label party
20		in connection with that private label credit program. Such
21		information is limited to outstanding balance, available
22		credit, payment and performance and account history,
23		product references, purchase information, and information
24		related to the identity of the customer.
25		(b)(1) For purposes of this paragraph (17) of
26		subsection (c) of Section 4013, a "private label credit

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1		program" means a credit program involving a financial
2		institution and a private label party that is used by a
3		customer of the financial institution and the private label
4		party primarily for payment for goods or services sold,
5		manufactured, or distributed by a private label party.
6		(2) For purposes of this paragraph (17) of subsection
7		(c) of Section 4013, a "private label party" means, with
8		respect to a private label credit program, any of the
9		following: a retailer, a merchant, a manufacturer, a trade
10		group, or any such person's affiliate, subsidiary, member,
11		agent, or service provider.
12		(d) A savings bank may not disclose to any person, except
13		to the member or holder of capital or his duly authorized
14		agent, any financial records relating to that member or
15		shareholder of the savings bank unless:
16		(1) the member or shareholder has authorized
17		disclosure to the person; or
18		(2) the financial records are disclosed in response to
19		a lawful subpoena, summons, warrant, citation to discover
20		assets, or court order that meets the requirements of
21		subsection (e) of this Section.
22		(e) A savings bank shall disclose financial records under
23		subsection (d) of this Section pursuant to a lawful subpoena,
24		summons, warrant, citation to discover assets, or court order
25		only after the savings bank mails a copy of the subpoena,
26		summons, warrant, citation to discover assets, or court order

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1		to the person establishing the relationship with the savings
2		bank, if living, and otherwise, his personal representative, if
3		known, at his last known address by first class mail, postage
4		prepaid, unless the savings bank is specifically prohibited
5		from notifying the person by order of court.
6		(f) Any officer or employee of a savings bank who knowingly
7		and willfully furnishes financial records in violation of this
8		Section is guilty of a business offense and, upon conviction,
9		shall be fined not more than $1,000.
10		(g) Any person who knowingly and willfully induces or
11		attempts to induce any officer or employee of a savings bank to
12		disclose financial records in violation of this Section is
13		guilty of a business offense and, upon conviction, shall be
14		fined not more than $1,000.
15		(h) If any member or shareholder desires to communicate
16		with the other members or shareholders of the savings bank with
17		reference to any question pending or to be presented at an
18		annual or special meeting, the savings bank shall give that
19		person, upon request, a statement of the approximate number of
20		members or shareholders entitled to vote at the meeting and an
21		estimate of the cost of preparing and mailing the
22		communication. The requesting member shall submit the
23		communication to the Commissioner who, upon finding it to be
24		appropriate and truthful, shall direct that it be prepared and
25		mailed to the members upon the requesting member's or
26		shareholder's payment or adequate provision for payment of the

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1		expenses of preparation and mailing.
2		(i) A savings bank shall be reimbursed for costs that are
3		necessary and that have been directly incurred in searching
4		for, reproducing, or transporting books, papers, records, or
5		other data of a customer required to be reproduced pursuant to
6		a lawful subpoena, warrant, citation to discover assets, or
7		court order.
8		(j) Notwithstanding the provisions of this Section, a
9		savings bank may sell or otherwise make use of lists of
10		customers' names and addresses. All other information
11		regarding a customer's account are subject to the disclosure
12		provisions of this Section. At the request of any customer,
13		that customer's name and address shall be deleted from any list
14		that is to be sold or used in any other manner beyond
15		identification of the customer's accounts.
16		(Source: P.A. 98-49, eff. 7-1-13; 99-143, eff. 7-27-15; revised
17		9-14-16.)
18		(205 ILCS 205/5001) (from Ch. 17, par. 7305-1)
19		Sec. 5001. Minimum capital.
20		(a) A savings saving bank may be organized to exercise the
21		powers conferred by this Act with minimum capital, surplus, and
22		reserves for operating expenses as determined by the
23		Commissioner. In no case may the Commissioner establish
24		requirements for insured savings banks at a level less than
25		that required for insurance of accounts. For any savings bank

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1		other than those resulting from conversion from an existing
2		financial institution to one operating under this Act, the
3		Commissioner must establish capital requirements no less
4		stringent than those required of banks chartered under the
5		Illinois Banking Act.
6		(b) No savings bank may commence business until it has
7		capital as required by the Federal Deposit Insurance
8		Corporation.
9		(c) Each depository institution converting to a savings
10		bank, before declaration of a dividend on its capital stock,
11		must maintain the minimum capital standards as required by the
12		Federal Deposit Insurance Corporation.
13		(Source: P.A. 90-301, eff. 8-1-97; revised 9-14-16.)
14		(205 ILCS 205/9002.5)
15		Sec. 9002.5. Regulatory fees.
16		(a) For the fiscal year beginning July 1, 2007 and every
17		year thereafter, each savings bank and each service corporation
18		operating under this Act shall pay in quarterly installments
19		equal to one-fourth of a fixed fee of $520, plus a variable fee
20		based on the total assets of the savings bank or service
21		corporation, as shown in the quarterly report of condition, at
22		the following rates:
23		24.97¢ per $1,000 of the first $2,000,000 of total
24		assets;
25		22.70¢ per $1,000 of the next $3,000,000 of total

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1		assets;
2		20.43¢ per $1,000 of the next $5,000,000 of total
3		assets;
4		17.025¢ per $1,000 of the next $15,000,000 of total
5		assets;
6		14.755¢ per $1,000 of the next $25,000,000 of total
7		assets;
8		12.485¢ per $1,000 of the next $50,000,000 of total
9		assets;
10		10.215¢ per $1,000 of the next $400,000,000 of total
11		assets;
12		6.81¢ per $1,000 of the next $500,000,000 of total
13		assets; and
14		4.54¢ per $1,000 of all total assets in excess of
15		$1,000,000,000 of such savings bank or service
16		corporation.
17		As used in this Section, "quarterly report of condition"
18		means the Report of Condition and Income (Call Report), which
19		the Secretary requires.
20		(b) (Blank).
21		(c) The Secretary shall receive and there shall be paid to
22		the Secretary by each savings bank and each service corporation
23		a fee of $520 for each approved branch office or facility
24		office established under the Illinois Administrative Code. The
25		determination of the fees shall be made annually as of the
26		close of business of the prior calendar year ended December 31.

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1		(d) The Secretary shall receive for each fiscal year,
2		commencing with the fiscal year ending June 30, 2014, a
3		contingent fee equal to the lesser of the aggregate of the fees
4		paid by all savings banks under subsections (a), (b), and (c)
5		of this Section for that year, or the amount, if any, whereby
6		the aggregate of the administration expenses, as defined in
7		subsection (c) of Section 9002.1 of this Act, for that fiscal
8		year exceeds the sum of the aggregate of the fees payable by
9		all savings banks for that year under subsections (a), (b), and
10		(c) of this Section, plus any amounts transferred into the
11		Savings Bank Regulatory Fund from the State Pensions Fund for
12		that year, plus all other amounts collected by the Secretary
13		for that year under any other provision of this Act. The
14		aggregate amount of the contingent fee thus arrived at for any
15		fiscal year shall be apportioned amongst, assessed upon, and
16		paid by the savings banks, respectively, in the same proportion
17		that the fee of each under subsections (a), (b), and (c) of
18		this Section, respectively, for that year bears to the
19		aggregate for that year of the fees collected under subsections
20		(a), (b), and (c) of this Section. The aggregate amount of the
21		contingent fee, and the portion thereof to be assessed upon
22		each savings bank, respectively, shall be determined by the
23		Secretary and shall be paid by each, respectively, within 120
24		days of the close of the period for which the contingent fee is
25		computed and is payable, and the Secretary shall give 20 days'
26		days advance notice of the amount of the contingent fee payable

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1		by the savings bank and of the date fixed by the Secretary for
2		payment of the fee.
3		(Source: P.A. 98-1081, eff. 1-1-15; 99-39, eff. 1-1-16; revised
4		9-14-16.)
5		Section 365. The Illinois Credit Union Act is amended by
6		changing Sections 12, 34.1, 46, and 57.1 as follows:
7		(205 ILCS 305/12) (from Ch. 17, par. 4413)
8		Sec. 12. Regulatory fees.
9		(1) For the fiscal year beginning July 1, 2007, a credit
10		union regulated by the Department shall pay a regulatory fee to
11		the Department based upon its total assets as shown by its
12		Year-end Call Report at the following rates or at a lesser rate
13		established by the Secretary in a manner proportionately
14		consistent with the following rates and sufficient to fund the
15		actual administrative and operational expenses of the
16		Department's Credit Union Section pursuant to subsection (4) of
17		this Section:
18 TOTAL ASSETS REGULATORY FEE 19 $25,000 or less ................ $100 20 Over $25,000 and not over 21 $100,000 ....................... $100 plus $4 per 22 $1,000 of assets in excess of 23 $25,000 24 Over $100,000 and not over

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1 $200,000 ....................... $400 plus $3 per 2 $1,000 of assets in excess of 3 $100,000 4 Over $200,000 and not over 5 $500,000 ....................... $700 plus $2 per 6 $1,000 of assets in excess of 7 $200,000 8 Over $500,000 and not over 9 $1,000,000 ..................... $1,300 plus $1.40 10 per $1,000 of assets in excess 11 of $500,000 12 Over $1,000,000 and not 13 over $5,000,000................. $2,000 plus $0.50 14 per $1,000 of assets in 15 excess of $1,000,000 16 Over $5,000,000 and not 17 over $30,000,000 ............... $4,540 plus $0.397 18 per $1,000 of assets 19 in excess of $5,000,000 20 Over $30,000,000 and not over 21 $100,000,000.................... $14,471 plus $0.34 22 per $1,000 of assets 23 in excess of $30,000,000 24 Over $100,000,000 and not 25 over $500,000,000 .............. $38,306 plus $0.17 26 per $1,000 of assets

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1 in excess of $100,000,000 2 Over $500,000,000 .............. $106,406 plus $0.056 3 per $1,000 of assets 4 in excess of $500,000,000
5		(2) The Secretary shall review the regulatory fee schedule
6		in subsection (1) and the projected earnings on those fees on
7		an annual basis and adjust the fee schedule no more than 5%
8		annually if necessary to defray the estimated administrative
9		and operational expenses of the Credit Union Section of the
10		Department as defined in subsection (5). However, the fee
11		schedule shall not be increased if the amount remaining in the
12		Credit Union Fund at the end of any fiscal year is greater than
13		25% of the total actual and operational expenses incurred by
14		the State in administering and enforcing the Illinois Credit
15		Union Act and other laws, rules, and regulations as may apply
16		to the administration and enforcement of the foregoing laws,
17		rules, and regulations as amended from time to time for the
18		preceding fiscal year. The regulatory fee for the next fiscal
19		year shall be calculated by the Secretary based on the credit
20		union's total assets as of December 31 of the preceding
21		calendar year. The Secretary shall provide credit unions with
22		written notice of any adjustment made in the regulatory fee
23		schedule.
24		(3) A credit union shall pay to the Department a regulatory
25		fee in quarterly installments equal to one-fourth of the
26		regulatory fee due in accordance with the regulatory fee

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1		schedule in subsection (1), on the basis of assets as of the
2		Year-end Call Report of the preceding calendar year. The total
3		annual regulatory fee shall not be less than $100 or more than
4		$141,875, provided that the regulatory fee cap of $141,875
5		shall be adjusted to incorporate the same percentage increase
6		as the Secretary makes in the regulatory fee schedule from time
7		to time under subsection (2). No regulatory fee shall be
8		collected from a credit union until it has been in operation
9		for one year. The regulatory fee shall be billed to credit
10		unions on a quarterly basis and it shall be payable by credit
11		unions on the due date for the Call Report for the subject
12		quarter.
13		(4) The aggregate of all fees collected by the Department
14		under this Act shall be paid promptly after they are received,
15		accompanied by a detailed statement thereof, into the State
16		Treasury and shall be set apart in the Credit Union Fund, a
17		special fund hereby created in the State treasury. The amount
18		from time to time deposited in the Credit Union Fund and shall
19		be used to offset the ordinary administrative and operational
20		expenses of the Credit Union Section of the Department under
21		this Act. All earnings received from investments of funds in
22		the Credit Union Fund shall be deposited into the Credit Union
23		Fund and may be used for the same purposes as fees deposited
24		into that fund. Moneys deposited in the Credit Union Fund may
25		be transferred to the Professions Indirect Cost Fund, as
26		authorized under Section 2105-300 of the Department of

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1		Professional Regulation Law of the Civil Administrative Code of
2		Illinois.
3		Notwithstanding provisions in the State Finance Act, as now
4		or hereafter amended, or any other law to the contrary, the
5		Governor may, during any fiscal year through January 10, 2011,
6		from time to time direct the State Treasurer and Comptroller to
7		transfer a specified sum not exceeding 10% of the revenues to
8		be deposited into the Credit Union Fund during that fiscal year
9		from that Fund to the General Revenue Fund in order to help
10		defray the State's operating costs for the fiscal year.
11		Notwithstanding provisions in the State Finance Act, as now or
12		hereafter amended, or any other law to the contrary, the total
13		sum transferred from the Credit Union Fund to the General
14		Revenue Fund pursuant to this provision shall not exceed during
15		any fiscal year 10% of the revenues to be deposited into the
16		Credit Union Fund during that fiscal year. The State Treasurer
17		and Comptroller shall transfer the amounts designated under
18		this Section as soon as may be practicable after receiving the
19		direction to transfer from the Governor.
20		(5) The administrative and operational expenses for any
21		fiscal year shall mean the ordinary and contingent expenses for
22		that year incidental to making the examinations provided for
23		by, and for administering, this Act, including all salaries and
24		other compensation paid for personal services rendered for the
25		State by officers or employees of the State to enforce this
26		Act; all expenditures for telephone and telegraph charges,

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1		postage and postal charges, office supplies and services,
2		furniture and equipment, office space and maintenance thereof,
3		travel expenses and other necessary expenses; all to the extent
4		that such expenditures are directly incidental to such
5		examination or administration.
6		(6) When the balance in the Credit Union Fund at the end of
7		a fiscal year exceeds 25% of the total administrative and
8		operational expenses incurred by the State in administering and
9		enforcing the Illinois Credit Union Act and other laws, rules,
10		and regulations as may apply to the administration and
11		enforcement of the foregoing laws, rules, and regulations as
12		amended from time to time for that fiscal year, such excess
13		shall be credited to credit unions and applied against their
14		regulatory fees for the subsequent fiscal year. The amount
15		credited to each credit union shall be in the same proportion
16		as the regulatory fee paid by such credit union for the fiscal
17		year in which the excess is produced bears to the aggregate
18		amount of all fees collected by the Department under this Act
19		for the same fiscal year.
20		(7) (Blank).
21		(8) Nothing in this Act shall prohibit the General Assembly
22		from appropriating funds to the Department from the General
23		Revenue Fund for the purpose of administering this Act.
24		(9) For purposes of this Section, "fiscal year" means a
25		period beginning on July 1 of any calendar year and ending on
26		June 30 of the next calendar year.

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1		(Source: P.A. 97-133, eff. 1-1-12; revised 9-14-16.)
2		(205 ILCS 305/34.1)
3		Sec. 34.1. Compliance review.
4		(a) As used in this Section:
5		"Affiliate" means an organization established to serve the
6		needs of credit unions, the business of which relates to the
7		daily operations of credit unions.
8		"Compliance review committee" means:
9		(1) one or more persons appointed by the board of
10		directors or supervisory committee of a credit union for
11		the purposes set forth in subsection (b); or
12		(2) any other person to the extent the person acts in
13		an investigatory capacity at the direction of a compliance
14		review committee.
15		"Compliance review documents" means documents prepared in
16		connection with a review or evaluation conducted by or for a
17		compliance review committee.
18		"Person" means an individual, a group of individuals, a
19		board committee, a partnership, a firm, an association, a
20		corporation, or any other entity.
21		(b) This Section applies to compliance review committees
22		whose functions are to evaluate and seek to improve any of the
23		following:
24		(1) loan policies or underwriting standards;
25		(2) asset quality;

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1		(3) financial reporting to federal or State
2		governmental or regulatory agencies; or
3		(4) compliance with federal or State statutory or
4		regulatory requirements.
5		(c) Except as provided in subsection (d), compliance review
6		documents and the deliberations of the compliance review
7		committee are privileged and confidential and are
8		nondiscoverable and nonadmissible.
9		(1) Compliance review documents are privileged and
10		confidential and are not subject to discovery or admissible
11		in evidence in any civil action.
12		(2) Individuals serving on compliance review
13		committees or acting under the direction of a compliance
14		review committee shall not be required to testify in any
15		civil action about the contents of any compliance review
16		document or conclusions of any compliance review committee
17		or about the actions taken by a compliance review
18		committee.
19		(3) An affiliate of a credit union, a credit union
20		regulatory agency, and the insurer of credit union share
21		accounts shall have access to compliance review documents,
22		provided that (i) the documents shall remain confidential
23		and are not subject to discovery from such entity and (ii)
24		delivery of compliance review documents to an affiliate or
25		pursuant to the requirements of a credit union regulatory
26		agency or an insurer of credit union share accounts shall

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1		not constitute a waiver of the privilege granted in this
2		Section.
3		(d) This Section does not apply to: (1) compliance review
4		committees on which individuals serving on or at the direction
5		of the compliance review committee have management
6		responsibility for the operations, records, employees, or
7		activities being examined or evaluated by the compliance review
8		committee and (2) any civil or administrative action initiated
9		by a credit union regulatory agency or an insurer of credit
10		union share accounts.
11		(e) This Section shall not be construed to limit the
12		discovery or admissibility in any civil action of any documents
13		other than compliance review documents or to require the
14		appointment of a compliance review committee.
15		(Source: P.A. 90-665, eff. 7-30-98; revised 9-14-16.)
16		(205 ILCS 305/46) (from Ch. 17, par. 4447)
17		Sec. 46. Loans and interest rate.
18		(1) A credit union may make loans to its members for such
19		purpose and upon such security and terms, including rates of
20		interest, as the credit committee, credit manager, or loan
21		officer approves. Notwithstanding the provisions of any other
22		law in connection with extensions of credit, a credit union may
23		elect to contract for and receive interest and fees and other
24		charges for extensions of credit subject only to the provisions
25		of this Act and rules promulgated under this Act, except that

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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. A prepayment penalty does
9		not include a waived, bona fide third-party charge that the
10		credit union imposes if the borrower prepays all of the
11		transaction's principal sooner than 36 months after
12		consummation of a closed-end credit transaction, a waived, bona
13		fide third-party charge that the credit union imposes if the
14		borrower terminates an open-end credit plan sooner than 36
15		months after account opening, or a yield maintenance fee
16		imposed on a business loan transaction. The credit contract may
17		provide for the payment by the member and receipt by the credit
18		union of all costs and disbursements, including reasonable
19		attorney's fees and collection agency charges, incurred by the
20		credit union to collect or enforce the debt in the event of a
21		delinquency by the member, or in the event of a breach of any
22		obligation of the member under the credit contract. A
23		contingency or hourly arrangement established under an
24		agreement entered into by a credit union with an attorney or
25		collection agency to collect a loan of a member in default
26		shall be presumed prima facie reasonable.

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1		(2) Credit unions may make loans based upon the security of
2		any interest or equity in real estate, subject to rules and
3		regulations promulgated by the Secretary. In any contract or
4		loan which is secured by a mortgage, deed of trust, or
5		conveyance in the nature of a mortgage, on residential real
6		estate, the interest which is computed, calculated, charged, or
7		collected pursuant to such contract or loan, or pursuant to any
8		regulation or rule promulgated pursuant to this Act, may not be
9		computed, calculated, charged or collected for any period of
10		time occurring after the date on which the total indebtedness,
11		with the exception of late payment penalties, is paid in full.
12		For purposes of this subsection (2) of this Section 46, a
13		prepayment shall mean the payment of the total indebtedness,
14		with the exception of late payment penalties if incurred or
15		charged, on any date before the date specified in the contract
16		or loan agreement on which the total indebtedness shall be paid
17		in full, or before the date on which all payments, if timely
18		made, shall have been made. In the event of a prepayment of the
19		indebtedness which is made on a date after the date on which
20		interest on the indebtedness was last computed, calculated,
21		charged, or collected but before the next date on which
22		interest on the indebtedness was to be calculated, computed,
23		charged, or collected, the lender may calculate, charge and
24		collect interest on the indebtedness for the period which
25		elapsed between the date on which the prepayment is made and
26		the date on which interest on the indebtedness was last

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1		computed, calculated, charged or collected at a rate equal to
2		1/360 of the annual rate for each day which so elapsed, which
3		rate shall be applied to the indebtedness outstanding as of the
4		date of prepayment. The lender shall refund to the borrower any
5		interest charged or collected which exceeds that which the
6		lender may charge or collect pursuant to the preceding
7		sentence. Public Act 84-941 January 1, 1986 (Public Act 84-941)
8		(3) (Blank).
9		(4) Notwithstanding any other provisions of this Act, a
10		credit union authorized under this Act to make loans secured by
11		an interest or equity in real property may engage in making
12		revolving credit loans secured by mortgages or deeds of trust
13		on such real property or by security assignments of beneficial
14		interests in land trusts.
15		For purposes of this Section, "revolving credit" has the
16		meaning defined in Section 4.1 of the Interest Act.
17		Any mortgage or deed of trust given to secure a revolving
18		credit loan may, and when so expressed therein shall, secure
19		not only the existing indebtedness but also such future
20		advances, whether such advances are obligatory or to be made at
21		the option of the lender, or otherwise, as are made within
22		twenty years from the date thereof, to the same extent as if
23		such future advances were made on the date of the execution of
24		such mortgage or deed of trust, although there may be no
25		advance made at the time of execution of such mortgage or other
26		instrument, and although there may be no indebtedness

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1		outstanding at the time any advance is made. The lien of such
2		mortgage or deed of trust, as to third persons without actual
3		notice thereof, shall be valid as to all such indebtedness and
4		future advances form the time said mortgage or deed of trust is
5		filed for record in the office of the recorder of deeds or the
6		registrar of titles of the county where the real property
7		described therein is located. The total amount of indebtedness
8		that may be so secured may increase or decrease from time to
9		time, but the total unpaid balance so secured at any one time
10		shall not exceed a maximum principal amount which must be
11		specified in such mortgage or deed of trust, plus interest
12		thereon, and any disbursements made for the payment of taxes,
13		special assessments, or insurance on said real property, with
14		interest on such disbursements.
15		Any such mortgage or deed of trust shall be valid and have
16		priority over all subsequent liens and encumbrances, including
17		statutory liens, except taxes and assessments levied on said
18		real property.
19		(4-5) For purposes of this Section, "real estate" and "real
20		property" include a manufactured home as defined in subdivision
21		(53) of Section 9-102 of the Uniform Commercial Code which is
22		real property as defined in Section 5-35 of the Conveyance and
23		Encumbrance of Manufactured Homes as Real Property and
24		Severance Act.
25		(5) Compliance with federal or Illinois preemptive laws or
26		regulations governing loans made by a credit union chartered

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1		under this Act shall constitute compliance with this Act.
2		(6) Credit unions may make residential real estate mortgage
3		loans on terms and conditions established by the United States
4		Department of Agriculture through its Rural Development
5		Housing and Community Facilities Program. The portion of any
6		loan in excess of the appraised value of the real estate shall
7		be allocable only to the guarantee fee required under the
8		program.
9		(7) For a renewal, refinancing, or restructuring of an
10		existing loan at the credit union that is secured by an
11		interest or equity in real estate, a new appraisal of the
12		collateral shall not be required when (i) no new moneys are
13		advanced other than funds necessary to cover reasonable closing
14		costs, or (ii) there has been no obvious or material change in
15		market conditions or physical aspects of the real estate that
16		threatens the adequacy of the credit union's real estate
17		collateral protection after the transaction, even with the
18		advancement of new moneys. The Department reserves the right to
19		require an appraisal under this subsection (7) whenever the
20		Department believes it is necessary to address safety and
21		soundness concerns.
22		(Source: P.A. 98-749, eff. 7-16-14; 98-784, eff. 7-24-14;
23		99-78, eff. 7-20-15; 99-149, eff. 1-1-16; 99-331, eff. 1-1-16;
24		99-614, eff. 7-22-16; 99-642, eff. 7-28-16; revised 10-20-16.)
25		(205 ILCS 305/57.1)

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1		Sec. 57.1. Services to other credit unions. (a) A credit
2		union may act as a representative of and enter into an
3		agreement with credit unions or other organizations for the
4		purposes of:
5		(1) sharing, utilizing, renting, leasing, purchasing,
6		selling, and joint ownership of fixed assets or engaging in
7		activities and services that relate to the daily operations
8		of credit unions; and
9		(2) providing correspondent services to other credit
10		unions that the service provider credit union is authorized
11		to perform for its own members or as part of its
12		operations, including, but not limited to, loan
13		processing, loan servicing, member check cashing services,
14		disbursing share withdrawals and loan proceeds, cashing
15		and selling money orders, ACH and wire transfer services,
16		implementation and administrative support services related
17		to the use of debit cards, payroll debit cards, and other
18		prepaid debit cards and credit cards, coin and currency
19		services, performing internal audits, and automated teller
20		machine deposit services.
21		(Source: P.A. 98-784, eff. 7-24-14; 99-78, eff. 7-20-15;
22		99-149, eff. 1-1-16; revised 9-14-16.)
23		Section 370. The Transmitters of Money Act is amended by
24		changing Section 90 as follows:

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1		(205 ILCS 657/90)
2		Sec. 90. Enforcement.
3		(a) If it appears to the Director that a person has
4		committed or is about to commit a violation of this Act, a rule
5		promulgated under this Act, or an order of the Director, the
6		Director may apply to the circuit court for an order enjoining
7		the person from violating or continuing to violate this Act,
8		the rule, or order and for injunctive or other relief that the
9		nature of the case may require and may, in addition, request
10		the court to assess a civil penalty up to $1,000 along with
11		costs and attorney fees.
12		(b) If the Director finds, after an investigation that he
13		considers appropriate, that a licensee or other person is
14		engaged in practices contrary to this Act or to the rules
15		promulgated under this Act, the Director may issue an order
16		directing the licensee or person to cease and desist the
17		violation. The Director may, in addition to or without the
18		issuance of a cease and desist order, assess an administrative
19		penalty up to $1,000 against a licensee for each violation of
20		this Act or the rules promulgated under this Act. The issuance
21		of an order under this Section shall not be a prerequisite to
22		the taking of any action by the Director under this or any
23		other Section of this Act. The Director shall serve notice of
24		his action, including a statement of the reasons for his
25		actions, either personally or by certified mail, return receipt
26		requested. Service by mail shall be deemed completed if the

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1		notice is deposited in the post office, postage paid, addressed
2		to the last known address for a license.
3		(c) In the case of the issuance of a cease and desist order
4		or assessment order, a hearing may be requested in writing
5		within 30 days after the date of service. The hearing shall be
6		held at the time and place designated by the Director in either
7		the City of Springfield or the City of Chicago. The Director
8		and any administrative law judge designated by him shall have
9		the power to administer oaths and affirmations, subpoena
10		witnesses and compel their attendance, take evidence,
11		authorize the taking of depositions, and require the production
12		of books, papers, correspondence, and other records or
13		information that he considers relevant or material to the
14		inquiry.
15		(d) After the Director's final determination under a
16		hearing under this Section, a party to the proceedings whose
17		interests are affected by the Director's final determination
18		shall be entitled to judicial review of that final
19		determination under the Administrative Review Law.
20		(e) The costs for administrative hearings shall be set by
21		rule.
22		(f) Except as otherwise provided in this Act, a violation
23		of this Act shall subject to the party violating it to a fine
24		of $1,000 for each offense.
25		(g) Each transaction in violation of this Act or the rules
26		promulgated under this Act and each day that a violation

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1		continues shall be a separate offense.
2		(h) A person who engages in conduct requiring a license
3		under this Act and fails to obtain a license from the Director
4		or knowingly makes a false statement, misrepresentation, or
5		false certification in an application, financial statement,
6		account record, report, or other document filed or required to
7		be maintained or filed under this Act or who knowingly makes a
8		false entry or omits a material entry in a document is guilty
9		of a Class 3 felony.
10		(i) The Director is authorized to compromise, settle, and
11		collect civil penalties and administrative penalties, as set by
12		rule, with any person for violations of this Act or of any rule
13		or order issued or promulgated under this Act. Any person who,
14		without the required license, engages in conduct requiring a
15		license under this Act shall be liable to the Department in an
16		amount equal to the greater of (i) $5,000 or (ii) an amount of
17		money accepted for transmission plus an amount equal to 3 times
18		the amount accepted for transmission. The Department shall
19		cause any funds so recovered to be deposited in the TOMA
20		Consumer Protection Fund.
21		(j) The Director may enter into consent orders at any time
22		with a person to resolve a matter arising under this Act. A
23		consent order must be signed by the person to whom it is issued
24		and must indicate agreement to the terms contained in it. A
25		consent order need not constitute an admission by a person that
26		this Act or a rule or order issued or promulgated under this

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1		Act has been violated, nor need it constitute a finding by the
2		Director that the person has violated this Act or a rule or
3		order promulgated under this Act.
4		(k) Notwithstanding the issuance of a consent order, the
5		Director may seek civil or criminal penalties or compromise
6		civil penalties concerning matter encompassed by the consent
7		order unless the consent order by its terms expressly precludes
8		the Director from doing so.
9		(l) Appeals from all final orders and judgments entered by
10		the circuit court under this Section in review of a decision of
11		the Director may be taken as in other civil actions by any
12		party to the proceeding.
13		(Source: P.A. 93-535, eff. 1-1-04; revised 9-14-16.)
14		Section 375. The Debt Management Service Act is amended by
15		changing Section 2 as follows:
16		(205 ILCS 665/2) (from Ch. 17, par. 5302)
17		Sec. 2. Definitions. As used in this Act:
18		"Credit counselor" means an individual, corporation, or
19		other entity that is not a debt management service that
20		provides (1) guidance, educational programs, or advice for the
21		purpose of addressing budgeting, personal finance, financial
22		literacy, saving and spending practices, or the sound use of
23		consumer credit; or (2) assistance or offers to assist
24		individuals and families with financial problems by providing

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1		counseling; or (3) a combination of the activities described in
2		items (1) and (2) of this definition.
3		"Debt management service" means the planning and
4		management of the financial affairs of a debtor for a fee and
5		the receiving of money from the debtor for the purpose of
6		distributing it to the debtor's creditors in payment or partial
7		payment of the debtor's obligations or soliciting financial
8		contributions from creditors. The business of debt management
9		is conducted in this State if the debt management business, its
10		employees, or its agents are located in this State or if the
11		debt management business solicits or contracts with debtors
12		located in this State. "Debt management service" does not
13		include "debt settlement service" as defined in the Debt
14		Settlement Consumer Protection Act.
15		This term shall not include the following when engaged in
16		the regular course of their respective businesses and
17		professions:
18		(a) Attorneys at law licensed, or otherwise authorized
19		to practice, in Illinois who are engaged in the practice of
20		law.
21		(b) Banks, operating subsidiaries of banks, affiliates
22		of banks, fiduciaries, credit unions, savings and loan
23		associations, and savings banks as duly authorized and
24		admitted to transact business in the State of Illinois and
25		performing credit and financial adjusting service in the
26		regular course of their principal business.

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1		(c) Title insurers, title agents, independent
2		escrowees, and abstract companies, while doing an escrow
3		business.
4		(d) Judicial officers or others acting pursuant to
5		court order.
6		(e) Employers for their employees, except that no
7		employer shall retain the services of an outside debt
8		management service to perform this service unless the debt
9		management service is licensed pursuant to this Act..
10		(f) Bill payment services, as defined in the
11		Transmitters of Money Act.
12		(g) Credit counselors, only when providing services
13		described in the definition of credit counselor in this
14		Section.
15		"Debtor" means the person or persons for whom the debt
16		management service is performed.
17		"Person" means an individual, firm, partnership,
18		association, limited liability company, corporation, or
19		not-for-profit corporation.
20		"Licensee" means a person licensed under this Act.
21		"Secretary" means the Secretary of Financial and
22		Professional Regulation.
23		(Source: P.A. 95-331, eff. 8-21-07; 96-1420, eff. 8-3-10;
24		revised 9-14-16.)
25		Section 380. The Illinois Clinical Laboratory and Blood

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1		Bank Act is amended by changing Section 7-109 as follows:
2		(210 ILCS 25/7-109) (from Ch. 111 1/2, par. 627-109)
3		Sec. 7-109. Designated donors.
4		(a) Each blood bank may allow a recipient of blood to
5		designate a donor of his choice, for the purpose of receiving
6		red cells, under the following conditions:
7		(1) the recipient, or someone on his behalf, has
8		solicited the donors;
9		(2) the designated donor consents to the donation;
10		(3) the designated donor's blood may be obtained in
11		sufficient time to meet the health care needs of the
12		recipient;
13		(4) the designated donor is qualified to donate blood
14		under the criteria for donor selection promulgated by the
15		federal Food and Drug Administration; and
16		(5) the blood of the donor is acceptable for the
17		patient's medical needs.
18		(b) Blood donated for designated use shall be reserved for
19		the designated recipient; however, if it has not been used
20		within 7 days from the day of donation, it may be used for any
21		other medically appropriate purpose.
22		(c) This Section shall not limit other procedures blood
23		banks may establish to enable directed donations.
24		(Source: P.A. 97-264, eff. 8-5-11; revised 9-8-16.)

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1		Section 385. The Nursing Home Care Act is amended by
2		changing Sections 3-303.1 and 3-306 as follows:
3		(210 ILCS 45/3-303.1) (from Ch. 111 1/2, par. 4153-303.1)
4		Sec. 3-303.1. Upon application by a facility, the Director
5		may grant or renew the waiver of the facility's compliance with
6		a rule or standard for a period not to exceed the duration of
7		the current license or, in the case of an application for
8		license renewal, the duration of the renewal period. The waiver
9		may be conditioned upon the facility taking action prescribed
10		by the Director as a measure equivalent to compliance. In
11		determining whether to grant or renew a waiver, the Director
12		shall consider the duration and basis for any current waiver
13		with respect to the same rule or standard and the validity and
14		effect upon patient health and safety of extending it on the
15		same basis, the effect upon the health and safety of residents,
16		the quality of resident care, the facility's history of
17		compliance with the rules and standards of this Act, and the
18		facility's attempts to comply with the particular rule or
19		standard in question. The Department may provide, by rule, for
20		the automatic renewal of waivers concerning physical plant
21		requirements upon the renewal of a license. The Department
22		shall renew waivers relating to physical plant standards issued
23		pursuant to this Section at the time of the indicated reviews,
24		unless it can show why such waivers should not be extended for
25		the following reasons:

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1		(a) the condition of the physical plant has deteriorated or
2		its use substantially changed so that the basis upon which the
3		waiver was issued is materially different; or
4		(b) the facility is renovated or substantially remodeled in
5		such a way as to permit compliance with the applicable rules
6		and standards without substantial increase in cost.
7		A copy of each waiver application and each waiver granted
8		or renewed shall be on file with the Department and available
9		for public inspection. The Director shall annually review such
10		file and recommend to the Long-Term Long Term Care Facility
11		Advisory Board any modification in rules or standards suggested
12		by the number and nature of waivers requested and granted and
13		the difficulties faced in compliance by similarly situated
14		facilities.
15		(Source: P.A. 85-1216; revised 10-26-16.)
16		(210 ILCS 45/3-306) (from Ch. 111 1/2, par. 4153-306)
17		Sec. 3-306. In determining whether a penalty is to be
18		imposed and in determining the amount of the penalty to be
19		imposed, if any, for a violation, the Director shall consider
20		the following factors:
21		(1) the The gravity of the violation, including the
22		probability that death or serious physical or mental harm
23		to a resident will result or has resulted; the severity of
24		the actual or potential harm, and the extent to which the
25		provisions of the applicable statutes or regulations were

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1		violated;
2		(2) the The reasonable diligence exercised by the
3		licensee and efforts to correct violations; .
4		(3) any Any previous violations committed by the
5		licensee; and
6		(4) the The financial benefit to the facility of
7		committing or continuing the violation.
8		(Source: P.A. 96-1372, eff. 7-29-10; revised 9-8-16.)
9		Section 390. The MC/DD Act is amended by changing Section
10		3-318 as follows:
11		(210 ILCS 46/3-318)
12		Sec. 3-318. Business offenses.
13		(a) No person shall:
14		(1) intentionally Intentionally fail to correct or
15		interfere with the correction of a Type "AA", Type "A", or
16		Type "B" violation within the time specified on the notice
17		or approved plan of correction under this Act as the
18		maximum period given for correction, unless an extension is
19		granted and the corrections are made before expiration of
20		extension;
21		(2) intentionally Intentionally prevent, interfere
22		with, or attempt to impede in any way any duly authorized
23		investigation and enforcement of this Act;
24		(3) intentionally Intentionally prevent or attempt to

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1		prevent any examination of any relevant books or records
2		pertinent to investigations and enforcement of this Act;
3		(4) intentionally Intentionally prevent or interfere
4		with the preservation of evidence pertaining to any
5		violation of this Act or the rules promulgated under this
6		Act;
7		(5) intentionally Intentionally retaliate or
8		discriminate against any resident or employee for
9		contacting or providing information to any state official,
10		or for initiating, participating in, or testifying in an
11		action for any remedy authorized under this Act;
12		(6) willfully Willfully file any false, incomplete or
13		intentionally misleading information required to be filed
14		under this Act, or willfully fail or refuse to file any
15		required information;
16		(7) open Open or operate a facility without a license;
17		or
18		(8) intentionally Intentionally retaliate or
19		discriminate against any resident for consenting to
20		authorized electronic monitoring under the Authorized
21		Electronic Monitoring in Long-Term Care Facilities Act;
22		or .
23		(9) prevent Prevent the installation or use of an
24		electronic monitoring device by a resident who has provided
25		the facility with notice and consent as required in Section
26		20 of the Authorized Electronic Monitoring in Long-Term

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1		Care Facilities Act.
2		(b) A violation of this Section is a business offense,
3		punishable by a fine not to exceed $10,000, except as otherwise
4		provided in subsection (2) of Section 3-103 as to submission of
5		false or misleading information in a license application.
6		(c) The State's Attorney of the county in which the
7		facility is located, or the Attorney General, shall be notified
8		by the Director of any violations of this Section.
9		(Source: P.A. 99-180, eff. 7-29-15; 99-784, eff. 1-1-17;
10		revised 10-26-16.)
11		Section 395. The Specialized Mental Health Rehabilitation
12		Act of 2013 is amended by changing Sections 1-102 and 4-201 as
13		follows:
14		(210 ILCS 49/1-102)
15		Sec. 1-102. Definitions. For the purposes of this Act,
16		unless the context otherwise requires:
17		"Abuse" means any physical or mental injury or sexual
18		assault inflicted on a consumer other than by accidental means
19		in a facility.
20		"Accreditation" means any of the following:
21		(1) the Joint Commission;
22		(2) the Commission on Accreditation of Rehabilitation
23		Facilities;
24		(3) the Healthcare Facilities Accreditation Program;

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1		or
2		(4) any other national standards of care as approved by
3		the Department.
4		"Applicant" means any person making application for a
5		license or a provisional license under this Act.
6		"Consumer" means a person, 18 years of age or older,
7		admitted to a mental health rehabilitation facility for
8		evaluation, observation, diagnosis, treatment, stabilization,
9		recovery, and rehabilitation.
10		"Consumer" does not mean any of the following:
11		(i) an individual requiring a locked setting;
12		(ii) an individual requiring psychiatric
13		hospitalization because of an acute psychiatric crisis;
14		(iii) an individual under 18 years of age;
15		(iv) an individual who is actively suicidal or violent
16		toward others;
17		(v) an individual who has been found unfit to stand
18		trial;
19		(vi) an individual who has been found not guilty by
20		reason of insanity based on committing a violent act, such
21		as sexual assault, assault with a deadly weapon, arson, or
22		murder;
23		(vii) an individual subject to temporary detention and
24		examination under Section 3-607 of the Mental Health and
25		Developmental Disabilities Code;
26		(viii) an individual deemed clinically appropriate for

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1		inpatient admission in a State psychiatric hospital; and
2		(ix) an individual transferred by the Department of
3		Corrections pursuant to Section 3-8-5 of the Unified Code
4		of Corrections.
5		"Consumer record" means a record that organizes all
6		information on the care, treatment, and rehabilitation
7		services rendered to a consumer in a specialized mental health
8		rehabilitation facility.
9		"Controlled drugs" means those drugs covered under the
10		federal Comprehensive Drug Abuse Prevention Control Act of
11		1970, as amended, or the Illinois Controlled Substances Act.
12		"Department" means the Department of Public Health.
13		"Discharge" means the full release of any consumer from a
14		facility.
15		"Drug administration" means the act in which a single dose
16		of a prescribed drug or biological is given to a consumer. The
17		complete act of administration entails removing an individual
18		dose from a container, verifying the dose with the prescriber's
19		orders, giving the individual dose to the consumer, and
20		promptly recording the time and dose given.
21		"Drug dispensing" means the act entailing the following of
22		a prescription order for a drug or biological and proper
23		selection, measuring, packaging, labeling, and issuance of the
24		drug or biological to a consumer.
25		"Emergency" means a situation, physical condition, or one
26		or more practices, methods, or operations which present

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1		imminent danger of death or serious physical or mental harm to
2		consumers of a facility.
3		"Facility" means a specialized mental health
4		rehabilitation facility that provides at least one of the
5		following services: (1) triage center; (2) crisis
6		stabilization; (3) recovery and rehabilitation supports; or
7		(4) transitional living units for 3 or more persons. The
8		facility shall provide a 24-hour program that provides
9		intensive support and recovery services designed to assist
10		persons, 18 years or older, with mental disorders to develop
11		the skills to become self-sufficient and capable of increasing
12		levels of independent functioning. It includes facilities that
13		meet the following criteria:
14		(1) 100% of the consumer population of the facility has
15		a diagnosis of serious mental illness;
16		(2) no more than 15% of the consumer population of the
17		facility is 65 years of age or older;
18		(3) none of the consumers are non-ambulatory;
19		(4) none of the consumers have a primary diagnosis of
20		moderate, severe, or profound intellectual disability; and
21		(5) the facility must have been licensed under the
22		Specialized Mental Health Rehabilitation Act or the
23		Nursing Home Care Act immediately preceding July 22, 2013
24		(the effective date of this Act) and qualifies as an a
25		institute for mental disease under the federal definition
26		of the term.

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1		"Facility" does not include the following:
2		(1) a home, institution, or place operated by the
3		federal government or agency thereof, or by the State of
4		Illinois;
5		(2) a hospital, sanitarium, or other institution whose
6		principal activity or business is the diagnosis, care, and
7		treatment of human illness through the maintenance and
8		operation as organized facilities therefor which is
9		required to be licensed under the Hospital Licensing Act;
10		(3) a facility for child care as defined in the Child
11		Care Act of 1969;
12		(4) a community living facility as defined in the
13		Community Living Facilities Licensing Act;
14		(5) a nursing home or sanatorium operated solely by and
15		for persons who rely exclusively upon treatment by
16		spiritual means through prayer, in accordance with the
17		creed or tenets of any well-recognized church or religious
18		denomination; however, such nursing home or sanatorium
19		shall comply with all local laws and rules relating to
20		sanitation and safety;
21		(6) a facility licensed by the Department of Human
22		Services as a community-integrated living arrangement as
23		defined in the Community-Integrated Living Arrangements
24		Licensure and Certification Act;
25		(7) a supportive residence licensed under the
26		Supportive Residences Licensing Act;

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1		(8) a supportive living facility in good standing with
2		the program established under Section 5-5.01a of the
3		Illinois Public Aid Code, except only for purposes of the
4		employment of persons in accordance with Section 3-206.01
5		of the Nursing Home Care Act;
6		(9) an assisted living or shared housing establishment
7		licensed under the Assisted Living and Shared Housing Act,
8		except only for purposes of the employment of persons in
9		accordance with Section 3-206.01 of the Nursing Home Care
10		Act;
11		(10) an Alzheimer's disease management center
12		alternative health care model licensed under the
13		Alternative Health Care Delivery Act;
14		(11) a home, institution, or other place operated by or
15		under the authority of the Illinois Department of Veterans'
16		Affairs;
17		(12) a facility licensed under the ID/DD Community Care
18		Act;
19		(13) a facility licensed under the Nursing Home Care
20		Act after July 22, 2013 (the effective date of this Act);
21		or
22		(14) a facility licensed under the MC/DD Act.
23		"Executive director" means a person who is charged with the
24		general administration and supervision of a facility licensed
25		under this Act.
26		"Guardian" means a person appointed as a guardian of the

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1		person or guardian of the estate, or both, of a consumer under
2		the Probate Act of 1975.
3		"Identified offender" means a person who meets any of the
4		following criteria:
5		(1) Has been convicted of, found guilty of, adjudicated
6		delinquent for, found not guilty by reason of insanity for,
7		or found unfit to stand trial for, any felony offense
8		listed in Section 25 of the Health Care Worker Background
9		Check Act, except for the following:
10		(i) a felony offense described in Section 10-5 of
11		the Nurse Practice Act;
12		(ii) a felony offense described in Section 4, 5, 6,
13		8, or 17.02 of the Illinois Credit Card and Debit Card
14		Act;
15		(iii) a felony offense described in Section 5, 5.1,
16		5.2, 7, or 9 of the Cannabis Control Act;
17		(iv) a felony offense described in Section 401,
18		401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
19		Controlled Substances Act; and
20		(v) a felony offense described in the
21		Methamphetamine Control and Community Protection Act.
22		(2) Has been convicted of, adjudicated delinquent for,
23		found not guilty by reason of insanity for, or found unfit
24		to stand trial for, any sex offense as defined in
25		subsection (c) of Section 10 of the Sex Offender Management
26		Board Act.

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1		"Transitional living units" are residential units within a
2		facility that have the purpose of assisting the consumer in
3		developing and reinforcing the necessary skills to live
4		independently outside of the facility. The duration of stay in
5		such a setting shall not exceed 120 days for each consumer.
6		Nothing in this definition shall be construed to be a
7		prerequisite for transitioning out of a facility.
8		"Licensee" means the person, persons, firm, partnership,
9		association, organization, company, corporation, or business
10		trust to which a license has been issued.
11		"Misappropriation of a consumer's property" means the
12		deliberate misplacement, exploitation, or wrongful temporary
13		or permanent use of a consumer's belongings or money without
14		the consent of a consumer or his or her guardian.
15		"Neglect" means a facility's failure to provide, or willful
16		withholding of, adequate medical care, mental health
17		treatment, psychiatric rehabilitation, personal care, or
18		assistance that is necessary to avoid physical harm and mental
19		anguish of a consumer.
20		"Personal care" means assistance with meals, dressing,
21		movement, bathing, or other personal needs, maintenance, or
22		general supervision and oversight of the physical and mental
23		well-being of an individual who is incapable of maintaining a
24		private, independent residence or who is incapable of managing
25		his or her person, whether or not a guardian has been appointed
26		for such individual. "Personal care" shall not be construed to

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1		confine or otherwise constrain a facility's pursuit to develop
2		the skills and abilities of a consumer to become
3		self-sufficient and capable of increasing levels of
4		independent functioning.
5		"Recovery and rehabilitation supports" means a program
6		that facilitates a consumer's longer-term symptom management
7		and stabilization while preparing the consumer for
8		transitional living units by improving living skills and
9		community socialization. The duration of stay in such a setting
10		shall be established by the Department by rule.
11		"Restraint" means:
12		(i) a physical restraint that is any manual method or
13		physical or mechanical device, material, or equipment
14		attached or adjacent to a consumer's body that the consumer
15		cannot remove easily and restricts freedom of movement or
16		normal access to one's body; devices used for positioning,
17		including, but not limited to, bed rails, gait belts, and
18		cushions, shall not be considered to be restraints for
19		purposes of this Section; or
20		(ii) a chemical restraint that is any drug used for
21		discipline or convenience and not required to treat medical
22		symptoms; the Department shall, by rule, designate certain
23		devices as restraints, including at least all those devices
24		that have been determined to be restraints by the United
25		States Department of Health and Human Services in
26		interpretive guidelines issued for the purposes of

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1		administering Titles XVIII and XIX of the federal Social
2		Security Act. For the purposes of this Act, restraint shall
3		be administered only after utilizing a coercive free
4		environment and culture.
5		"Self-administration of medication" means consumers shall
6		be responsible for the control, management, and use of their
7		own medication.
8		"Crisis stabilization" means a secure and separate unit
9		that provides short-term behavioral, emotional, or psychiatric
10		crisis stabilization as an alternative to hospitalization or
11		re-hospitalization for consumers from residential or community
12		placement. The duration of stay in such a setting shall not
13		exceed 21 days for each consumer.
14		"Therapeutic separation" means the removal of a consumer
15		from the milieu to a room or area which is designed to aid in
16		the emotional or psychiatric stabilization of that consumer.
17		"Triage center" means a non-residential 23-hour center
18		that serves as an alternative to emergency room care,
19		hospitalization, or re-hospitalization for consumers in need
20		of short-term crisis stabilization. Consumers may access a
21		triage center from a number of referral sources, including
22		family, emergency rooms, hospitals, community behavioral
23		health providers, federally qualified health providers, or
24		schools, including colleges or universities. A triage center
25		may be located in a building separate from the licensed
26		location of a facility, but shall not be more than 1,000 feet

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1		from the licensed location of the facility and must meet all of
2		the facility standards applicable to the licensed location. If
3		the triage center does operate in a separate building, safety
4		personnel shall be provided, on site, 24 hours per day and the
5		triage center shall meet all other staffing requirements
6		without counting any staff employed in the main facility
7		building.
8		(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;
9		99-180, eff. 7-29-15; revised 9-8-16.)
10		(210 ILCS 49/4-201)
11		Sec. 4-201. Accreditation and licensure. At the end of the
12		provisional licensure period established in Part 1 of this
13		Article 4, the Department shall license a facility as a
14		specialized mental health rehabilitation facility under this
15		Act that successfully completes and obtains valid national
16		accreditation in behavioral health from a recognized national
17		accreditation entity and complies with licensure standards as
18		established by the Department of Public Health in
19		administrative rule. Rules governing licensure standards shall
20		include, but not be limited to, appropriate fines and sanctions
21		associated with violations of laws or regulations. The
22		following shall be considered to be valid national
23		accreditation in behavioral health from a an national
24		accreditation entity:
25		(1) the Joint Commission;

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1		(2) the Commission on Accreditation of Rehabilitation
2		Facilities;
3		(3) the Healthcare Facilities Accreditation Program;
4		or
5		(4) any other national standards of care as approved by
6		the Department.
7		(Source: P.A. 98-104, eff. 7-22-13; 99-712, eff. 8-5-16;
8		revised 10-26-16.)
9		Section 400. The Emergency Medical Services (EMS) Systems
10		Act is amended by changing Sections 3.40 and 3.220 as follows:
11		(210 ILCS 50/3.40)
12		Sec. 3.40. EMS System Participation Suspensions and Due
13		Process.
14		(a) An EMS Medical Director may suspend from participation
15		within the System any EMS personnel, EMS Lead Instructor (LI),
16		individual, individual provider or other participant
17		considered not to be meeting the requirements of the Program
18		Plan of that approved EMS System.
19		(b) Prior to suspending any individual or entity, an EMS
20		Medical Director shall provide an opportunity for a hearing
21		before the local System review board in accordance with
22		subsection (f) and the rules promulgated by the Department.
23		(1) If the local System review board affirms or
24		modifies the EMS Medical Director's suspension order, the

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1		individual or entity shall have the opportunity for a
2		review of the local board's decision by the State EMS
3		Disciplinary Review Board, pursuant to Section 3.45 of this
4		Act.
5		(2) If the local System review board reverses or
6		modifies the EMS Medical Director's order, the EMS Medical
7		Director shall have the opportunity for a review of the
8		local board's decision by the State EMS Disciplinary Review
9		Board, pursuant to Section 3.45 of this Act.
10		(3) The suspension shall commence only upon the
11		occurrence of one of the following:
12		(A) the individual or entity has waived the
13		opportunity for a hearing before the local System
14		review board; or
15		(B) the order has been affirmed or modified by the
16		local system review board and the individual or entity
17		has waived the opportunity for review by the State
18		Board; or
19		(C) the order has been affirmed or modified by the
20		local system review board, and the local board's
21		decision has been affirmed or modified by the State
22		Board.
23		(c) An EMS Medical Director may immediately suspend an EMR,
24		EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, or other
25		individual or entity if he or she finds that the continuation
26		in practice by the individual or entity would constitute an

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1		imminent danger to the public. The suspended individual or
2		entity shall be issued an immediate verbal notification
3		followed by a written suspension order by the EMS Medical
4		Director which states the length, terms and basis for the
5		suspension.
6		(1) Within 24 hours following the commencement of the
7		suspension, the EMS Medical Director shall deliver to the
8		Department, by messenger, telefax, or other
9		Department-approved electronic communication, a copy of
10		the suspension order and copies of any written materials
11		which relate to the EMS Medical Director's decision to
12		suspend the individual or entity. All medical and
13		patient-specific information, including Department
14		findings with respect to the quality of care rendered,
15		shall be strictly confidential pursuant to the Medical
16		Studies Act (Part 21 of Article VIII of the Code of Civil
17		Procedure).
18		(2) Within 24 hours following the commencement of the
19		suspension, the suspended individual or entity may deliver
20		to the Department, by messenger, telefax, or other
21		Department-approved electronic communication, a written
22		response to the suspension order and copies of any written
23		materials which the individual or entity feels are
24		appropriate. All medical and patient-specific information,
25		including Department findings with respect to the quality
26		of care rendered, shall be strictly confidential pursuant

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1		to the Medical Studies Act.
2		(3) Within 24 hours following receipt of the EMS
3		Medical Director's suspension order or the individual or
4		entity's written response, whichever is later, the
5		Director or the Director's designee shall determine
6		whether the suspension should be stayed pending an
7		opportunity for a hearing or review in accordance with this
8		Act, or whether the suspension should continue during the
9		course of that hearing or review. The Director or the
10		Director's designee shall issue this determination to the
11		EMS Medical Director, who shall immediately notify the
12		suspended individual or entity. The suspension shall
13		remain in effect during this period of review by the
14		Director or the Director's designee.
15		(d) Upon issuance of a suspension order for reasons
16		directly related to medical care, the EMS Medical Director
17		shall also provide the individual or entity with the
18		opportunity for a hearing before the local System review board,
19		in accordance with subsection (f) and the rules promulgated by
20		the Department.
21		(1) If the local System review board affirms or
22		modifies the EMS Medical Director's suspension order, the
23		individual or entity shall have the opportunity for a
24		review of the local board's decision by the State EMS
25		Disciplinary Review Board, pursuant to Section 3.45 of this
26		Act.

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1		(2) If the local System review board reverses or
2		modifies the EMS Medical Director's suspension order, the
3		EMS Medical Director shall have the opportunity for a
4		review of the local board's decision by the State EMS
5		Disciplinary Review Board, pursuant to Section 3.45 of this
6		Act.
7		(3) The suspended individual or entity may elect to
8		bypass the local System review board and seek direct review
9		of the EMS Medical Director's suspension order by the State
10		EMS Disciplinary Review Board.
11		(e) The Resource Hospital shall designate a local System
12		review board in accordance with the rules of the Department,
13		for the purpose of providing a hearing to any individual or
14		entity participating within the System who is suspended from
15		participation by the EMS Medical Director. The EMS Medical
16		Director shall arrange for a certified shorthand reporter to
17		make a stenographic record of that hearing and thereafter
18		prepare a transcript of the proceedings. The transcript, all
19		documents or materials received as evidence during the hearing
20		and the local System review board's written decision shall be
21		retained in the custody of the EMS system. The System shall
22		implement a decision of the local System review board unless
23		that decision has been appealed to the State Emergency Medical
24		Services Disciplinary Review Board in accordance with this Act
25		and the rules of the Department.
26		(f) The Resource Hospital shall implement a decision of the

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1		State Emergency Medical Services Disciplinary Review Board
2		which has been rendered in accordance with this Act and the
3		rules of the Department.
4		(Source: P.A. 98-973, eff. 8-15-14; revised 9-8-16.)
5		(210 ILCS 50/3.220)
6		Sec. 3.220. EMS Assistance Fund.
7		(a) There is hereby created an "EMS Assistance Fund" within
8		the State treasury, for the purpose of receiving fines and fees
9		collected by the Illinois Department of Public Health pursuant
10		to this Act.
11		(b) (Blank).
12		(b-5) All licensing, testing, and certification fees
13		authorized by this Act, excluding ambulance licensure fees,
14		within this fund shall be used by the Department for
15		administration, oversight, and enforcement of activities
16		authorized under this Act.
17		(c) All other moneys within this fund shall be distributed
18		by the Department to the EMS Regions for disbursement in
19		accordance with protocols established in the EMS Region Plans,
20		for the purposes of organization, development and improvement
21		of Emergency Medical Services Systems, including but not
22		limited to training of personnel and acquisition, modification
23		and maintenance of necessary supplies, equipment and vehicles.
24		(d) All fees and fines collected pursuant to this Act shall
25		be deposited into the EMS Assistance Fund, except that all fees

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1		collected under Section 3.86 in connection with the licensure
2		of stretcher van providers shall be deposited into the
3		Stretcher Van Licensure Fund.
4		(Source: P.A. 96-702, eff. 8-25-09; 96-1469, eff. 1-1-11;
5		revised 9-8-16.)
6		Section 405. The Home Health, Home Services, and Home
7		Nursing Agency Licensing Act is amended by changing Section
8		10.01 as follows:
9		(210 ILCS 55/10.01) (from Ch. 111 1/2, par. 2810.01)
10		Sec. 10.01. All fines shall be paid to the Department
11		within 10 days of the notice of assessment or, if the fine is
12		contested under Section 10 of this Act, within 10 days of the
13		receipt of the final decision, unless the decision is appealed
14		and the order is stayed by court order under Section 12 of this
15		Act. A fine assessed under this Act shall be collected by the
16		Department. If the licensee against whom the fine has been
17		assessed does not comply with a written demand for payment
18		within 30 days, the Director shall issue an order to do any of
19		the following:
20		(a) certify to the Comptroller, as provided by rule of
21		the Department of delinquent fines due and owing from the
22		licensee or any amounts due and owing as a result of a
23		civil action pursuant to subsection (d) of this Section.
24		The purpose of certification shall be to intercept State

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1		income tax refunds and other payments due such licensee in
2		order to satisfy, in whole or in part, any delinquent fines
3		or amounts recoverable in a civil action brought pursuant
4		to subsection (d) of this Section. The rule shall provide
5		for notice to any such licensee or person affected. Any
6		final administrative decision rendered by the Department
7		with respect to any certification made pursuant to this
8		subsection (a) shall be reviewed only under and in
9		accordance with the Administrative Review Law; .
10		(b) certify to the Social Security Administration, as
11		provided by rule of the Department, of delinquent fines due
12		and owing from the licensee or any amounts due and owing as
13		a result of a civil action pursuant to subsection (d) of
14		this Section. The purpose of certification shall be to
15		request the Social Security Administration to intercept
16		and remit to the Department Medicaid reimbursement
17		payments due such licensee in order to satisfy, in whole or
18		in part, any delinquent fines or amounts recoverable in a
19		civil action brought pursuant to subsection (d) of this
20		Section. The rules shall provide for notice to any such
21		licensee or person affected. Any final administrative
22		decision rendered by the Department with respect to any
23		certification made pursuant to this subsection (b) shall be
24		reviewed only under and in accordance with the
25		Administrative Review Law; .
26		(c) add the amount of the penalty to the agency's

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1		licensing fee; if the licensee refuses to make the payment
2		at the time of application for renewal of its license, the
3		license shall not be renewed; or
4		(d) bring an action in circuit court to recover the
5		amount of the penalty.
6		(Source: P.A. 94-379, eff. 1-1-06; revised 9-8-16.)
7		Section 410. The Hospital Licensing Act is amended by
8		changing Sections 10 and 10.8 as follows:
9		(210 ILCS 85/10) (from Ch. 111 1/2, par. 151)
10		Sec. 10. Board creation; Department rules.
11		(a) The Governor shall appoint a Hospital Licensing Board
12		composed of 14 persons, which shall advise and consult with the
13		Director in the administration of this Act. The Secretary of
14		Human Services (or his or her designee) shall serve on the
15		Board, along with one additional representative of the
16		Department of Human Services to be designated by the Secretary.
17		Four appointive members shall represent the general public and
18		2 of these shall be members of hospital governing boards; one
19		appointive member shall be a registered professional nurse or
20		advanced practice, nurse as defined in the Nurse Practice Act,
21		who is employed in a hospital; 3 appointive members shall be
22		hospital administrators actively engaged in the supervision or
23		administration of hospitals; 2 appointive members shall be
24		practicing physicians, licensed in Illinois to practice

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1		medicine in all of its branches; and one appointive member
2		shall be a physician licensed to practice podiatric medicine
3		under the Podiatric Medical Practice Act of 1987; and one
4		appointive member shall be a dentist licensed to practice
5		dentistry under the Illinois Dental Practice Act. In making
6		Board appointments, the Governor shall give consideration to
7		recommendations made through the Director by professional
8		organizations concerned with hospital administration for the
9		hospital administrative and governing board appointments,
10		registered professional nurse organizations for the registered
11		professional nurse appointment, professional medical
12		organizations for the physician appointments, and professional
13		dental organizations for the dentist appointment.
14		(b) Each appointive member shall hold office for a term of
15		3 years, except that any member appointed to fill a vacancy
16		occurring prior to the expiration of the term for which his
17		predecessor was appointed shall be appointed for the remainder
18		of such term and the terms of office of the members first
19		taking office shall expire, as designated at the time of
20		appointment, 2 at the end of the first year, 2 at the end of the
21		second year, and 3 at the end of the third year, after the date
22		of appointment. The initial terms of office of the 2 additional
23		members representing the general public provided for in this
24		Section shall expire at the end of the third year after the
25		date of appointment. The term of office of each original
26		appointee shall commence July 1, 1953; the term of office of

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1		the original registered professional nurse appointee shall
2		commence July 1, 1969; the term of office of the original
3		licensed podiatric physician appointee shall commence July 1,
4		1981; the term of office of the original dentist appointee
5		shall commence July 1, 1987; and the term of office of each
6		successor shall commence on July 1 of the year in which his
7		predecessor's term expires. Board members, while serving on
8		business of the Board, shall receive actual and necessary
9		travel and subsistence expenses while so serving away from
10		their places of residence. The Board shall meet as frequently
11		as the Director deems necessary, but not less than once a year.
12		Upon request of 5 or more members, the Director shall call a
13		meeting of the Board.
14		(c) The Director shall prescribe rules, regulations,
15		standards, and statements of policy needed to implement,
16		interpret, or make specific the provisions and purposes of this
17		Act. The Department shall adopt rules which set forth standards
18		for determining when the public interest, safety or welfare
19		requires emergency action in relation to termination of a
20		research program or experimental procedure conducted by a
21		hospital licensed under this Act. No rule, regulation, or
22		standard shall be adopted by the Department concerning the
23		operation of hospitals licensed under this Act which has not
24		had prior approval of the Hospital Licensing Board, nor shall
25		the Department adopt any rule, regulation or standard relating
26		to the establishment of a hospital without consultation with

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1		the Hospital Licensing Board.
2		(d) Within one year after August 7, 1984 (the effective
3		date of Public Act 83-1248) this amendatory Act of 1984, all
4		hospitals licensed under this Act and providing perinatal care
5		shall comply with standards of perinatal care promulgated by
6		the Department. The Director shall promulgate rules or
7		regulations under this Act which are consistent with the
8		Developmental Disability Prevention Act "An Act relating to the
9		prevention of developmental disabilities", approved September
10		6, 1973, as amended.
11		(Source: P.A. 98-214, eff. 8-9-13; revised 10-26-16.)
12		(210 ILCS 85/10.8)
13		Sec. 10.8. Requirements for employment of physicians.
14		(a) Physician employment by hospitals and hospital
15		affiliates. Employing entities may employ physicians to
16		practice medicine in all of its branches provided that the
17		following requirements are met:
18		(1) The employed physician is a member of the medical
19		staff of either the hospital or hospital affiliate. If a
20		hospital affiliate decides to have a medical staff, its
21		medical staff shall be organized in accordance with written
22		bylaws where the affiliate medical staff is responsible for
23		making recommendations to the governing body of the
24		affiliate regarding all quality assurance activities and
25		safeguarding professional autonomy. The affiliate medical

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1		staff bylaws may not be unilaterally changed by the
2		governing body of the affiliate. Nothing in this Section
3		requires hospital affiliates to have a medical staff.
4		(2) Independent physicians, who are not employed by an
5		employing entity, periodically review the quality of the
6		medical services provided by the employed physician to
7		continuously improve patient care.
8		(3) The employing entity and the employed physician
9		sign a statement acknowledging that the employer shall not
10		unreasonably exercise control, direct, or interfere with
11		the employed physician's exercise and execution of his or
12		her professional judgment in a manner that adversely
13		affects the employed physician's ability to provide
14		quality care to patients. This signed statement shall take
15		the form of a provision in the physician's employment
16		contract or a separate signed document from the employing
17		entity to the employed physician. This statement shall
18		state: "As the employer of a physician, (employer's name)
19		shall not unreasonably exercise control, direct, or
20		interfere with the employed physician's exercise and
21		execution of his or her professional judgment in a manner
22		that adversely affects the employed physician's ability to
23		provide quality care to patients."
24		(4) The employing entity shall establish a mutually
25		agreed upon independent review process with criteria under
26		which an employed physician may seek review of the alleged

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1		violation of this Section by physicians who are not
2		employed by the employing entity. The affiliate may arrange
3		with the hospital medical staff to conduct these reviews.
4		The independent physicians shall make findings and
5		recommendations to the employing entity and the employed
6		physician within 30 days of the conclusion of the gathering
7		of the relevant information.
8		(b) Definitions. For the purpose of this Section:
9		"Employing entity" means a hospital licensed under the
10		Hospital Licensing Act or a hospital affiliate.
11		"Employed physician" means a physician who receives an IRS
12		W-2 form, or any successor federal income tax form, from an
13		employing entity.
14		"Hospital" means a hospital licensed under the Hospital
15		Licensing Act, except county hospitals as defined in subsection
16		(c) of Section 15-1 of the Illinois Public Aid Code.
17		"Hospital affiliate" means a corporation, partnership,
18		joint venture, limited liability company, or similar
19		organization, other than a hospital, that is devoted primarily
20		to the provision, management, or support of health care
21		services and that directly or indirectly controls, is
22		controlled by, or is under common control of the hospital.
23		"Control" means having at least an equal or a majority
24		ownership or membership interest. A hospital affiliate shall be
25		100% owned or controlled by any combination of hospitals, their
26		parent corporations, or physicians licensed to practice

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1		medicine in all its branches in Illinois. "Hospital affiliate"
2		does not include a health maintenance organization regulated
3		under the Health Maintenance Organization Act.
4		"Physician" means an individual licensed to practice
5		medicine in all its branches in Illinois.
6		"Professional judgment" means the exercise of a
7		physician's independent clinical judgment in providing
8		medically appropriate diagnoses, care, and treatment to a
9		particular patient at a particular time. Situations in which an
10		employing entity does not interfere with an employed
11		physician's professional judgment include, without limitation,
12		the following:
13		(1) practice restrictions based upon peer review of the
14		physician's clinical practice to assess quality of care and
15		utilization of resources in accordance with applicable
16		bylaws;
17		(2) supervision of physicians by appropriately
18		licensed medical directors, medical school faculty,
19		department chairpersons or directors, or supervising
20		physicians;
21		(3) written statements of ethical or religious
22		directives; and
23		(4) reasonable referral restrictions that do not, in
24		the reasonable professional judgment of the physician,
25		adversely affect the health or welfare of the patient.
26		(c) Private enforcement. An employed physician aggrieved

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1		by a violation of this Act may seek to obtain an injunction or
2		reinstatement of employment with the employing entity as the
3		court may deem appropriate. Nothing in this Section limits or
4		abrogates any common law cause of action. Nothing in this
5		Section shall be deemed to alter the law of negligence.
6		(d) Department enforcement. The Department may enforce the
7		provisions of this Section, but nothing in this Section shall
8		require or permit the Department to license, certify, or
9		otherwise investigate the activities of a hospital affiliate
10		not otherwise required to be licensed by the Department.
11		(e) Retaliation prohibited. No employing entity shall
12		retaliate against any employed physician for requesting a
13		hearing or review under this Section. No action may be taken
14		that affects the ability of a physician to practice during this
15		review, except in circumstances where the medical staff bylaws
16		authorize summary suspension.
17		(f) Physician collaboration. No employing entity shall
18		adopt or enforce, either formally or informally, any policy,
19		rule, regulation, or practice inconsistent with the provision
20		of adequate collaboration, including medical direction of
21		licensed advanced practice nurses or supervision of licensed
22		physician assistants and delegation to other personnel under
23		Section 54.5 of the Medical Practice Act of 1987.
24		(g) Physician disciplinary actions. Nothing in this
25		Section shall be construed to limit or prohibit the governing
26		body of an employing entity or its medical staff, if any, from

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1		taking disciplinary actions against a physician as permitted by
2		law.
3		(h) Physician review. Nothing in this Section shall be
4		construed to prohibit a hospital or hospital affiliate from
5		making a determination not to pay for a particular health care
6		service or to prohibit a medical group, independent practice
7		association, hospital medical staff, or hospital governing
8		body from enforcing reasonable peer review or utilization
9		review protocols or determining whether the employed physician
10		complied with those protocols.
11		(i) Review. Nothing in this Section may be used or
12		construed to establish that any activity of a hospital or
13		hospital affiliate is subject to review under the Illinois
14		Health Facilities Planning Act.
15		(j) Rules. The Department shall adopt any rules necessary
16		to implement this Section.
17		(Source: P.A. 92-455, eff. 9-30-01; revised 10-26-16.)
18		Section 415. The Illinois Insurance Code is amended by
19		changing Sections 35A-15, 35A-60, 126.12, 126.25, 143.19,
20		355a, and 1303 as follows:
21		(215 ILCS 5/35A-15)
22		Sec. 35A-15. Company action level event.
23		(a) A company action level event means any of the following
24		events:

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1		(1) The filing of an RBC Report by an insurer that
2		indicates that:
3		(A) the insurer's total adjusted capital is
4		greater than or equal to its regulatory action level
5		RBC, but less than its company action level RBC;
6		(B) the insurer, if a life, health, or life and
7		health insurer or a fraternal benefit society, has
8		total adjusted capital that is greater than or equal to
9		its company action level RBC, but less than the product
10		of its authorized control level RBC and 3.0 and has a
11		negative trend; or
12		(C) the insurer, if a property and casualty
13		insurer, has total adjusted capital that is greater
14		than or equal to its company action level RBC, but less
15		than the product of its authorized control level RBC
16		and 3.0 and triggers the trend test determined in
17		accordance with the trend test calculation included in
18		the property and casualty RBC Instructions; or .
19		(D) the insurer, if a health organization, has
20		total adjusted capital that is greater than or equal to
21		its company action level RBC but less than the product
22		of its authorized control level RBC and 3.0 and
23		triggers the trend test determined in accordance with
24		the trend test calculation included in the Health RBC
25		Instructions.
26		(2) The notification by the Director to the insurer of

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1		an Adjusted RBC Report that indicates an event described in
2		paragraph (1), provided the insurer does not challenge the
3		Adjusted RBC Report under Section 35A-35.
4		(3) The notification by the Director to the insurer
5		that the Director has, after a hearing, rejected the
6		insurer's challenge under Section 35A-35 to an Adjusted RBC
7		Report that indicates the event described in paragraph (1).
8		(b) In the event of a company action level event, the
9		insurer shall prepare and submit to the Director an RBC Plan
10		that does all of the following:
11		(1) Identifies the conditions that contribute to the
12		company action level event.
13		(2) Contains proposed corrective actions that the
14		insurer intends to take and that are expected to result in
15		the elimination of the company action level event. A health
16		organization is not prohibited from proposing recognition
17		of a parental guarantee or a letter of credit to eliminate
18		the company action level event; however the Director shall,
19		at his discretion, determine whether or the extent to which
20		the proposed parental guarantee or letter of credit is an
21		acceptable part of a satisfactory RBC Plan or Revised RBC
22		Plan.
23		(3) Provides projections of the insurer's financial
24		results in the current year and at least the 4 succeeding
25		years, both in the absence of proposed corrective actions
26		and giving effect to the proposed corrective actions,

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1		including projections of statutory operating income, net
2		income, capital, and surplus. The projections for both new
3		and renewal business may include separate projections for
4		each major line of business and separately identify each
5		significant income, expense, and benefit component.
6		(4) Identifies the key assumptions affecting the
7		insurer's projections and the sensitivity of the
8		projections to the assumptions.
9		(5) Identifies the quality of, and problems associated
10		with, the insurer's business including, but not limited to,
11		its assets, anticipated business growth and associated
12		surplus strain, extraordinary exposure to risk, mix of
13		business, and use of reinsurance, if any, in each case.
14		(c) The insurer shall submit the RBC Plan to the Director
15		within 45 days after the company action level event occurs or
16		within 45 days after the Director notifies the insurer that the
17		Director has, after a hearing, rejected its challenge under
18		Section 35A-35 to an Adjusted RBC Report.
19		(d) Within 60 days after an insurer submits an RBC Plan to
20		the Director, the Director shall notify the insurer whether the
21		RBC Plan shall be implemented or is, in the judgment of the
22		Director, unsatisfactory. If the Director determines the RBC
23		Plan is unsatisfactory, the notification to the insurer shall
24		set forth the reasons for the determination and may set forth
25		proposed revisions that will render the RBC Plan satisfactory
26		in the judgment of the Director. Upon notification from the

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1		Director, the insurer shall prepare a Revised RBC Plan, which
2		may incorporate by reference any revisions proposed by the
3		Director. The insurer shall submit the Revised RBC Plan to the
4		Director within 45 days after the Director notifies the insurer
5		that the RBC Plan is unsatisfactory or within 45 days after the
6		Director notifies the insurer that the Director has, after a
7		hearing, rejected its challenge under Section 35A-35 to the
8		determination that the RBC Plan is unsatisfactory.
9		(e) In the event the Director notifies an insurer that its
10		RBC Plan or Revised RBC Plan is unsatisfactory, the Director
11		may, at the Director's discretion and subject to the insurer's
12		right to a hearing under Section 35A-35, specify in the
13		notification that the notification constitutes a regulatory
14		action level event.
15		(f) Every domestic insurer that files an RBC Plan or
16		Revised RBC Plan with the Director shall file a copy of the RBC
17		Plan or Revised RBC Plan with the chief insurance regulatory
18		official in any state in which the insurer is authorized to do
19		business if that state has a law substantially similar to the
20		confidentiality provisions in subsection (a) of Section 35A-50
21		and if that official requests in writing a copy of the plan.
22		The insurer shall file a copy of the RBC Plan or Revised RBC
23		Plan in that state no later than the later of 15 days after
24		receiving the written request for the copy or the date on which
25		the RBC Plan or Revised RBC Plan is filed under subsection (c)
26		or (d) of this Section.

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1		(Source: P.A. 98-157, eff. 8-2-13; 99-542, eff. 7-8-16; revised
2		9-9-16.)
3		(215 ILCS 5/35A-60)
4		Sec. 35A-60. Phase-in of Article.
5		(a) For RBC Reports filed with respect to the December 31,
6		1993 annual statement, instead of the provisions of Sections
7		35A-15, 35A-20, 35A-25, and 35A-30, the following provisions
8		apply:
9		(1) In the event of a company action level event, the
10		Director shall take no action under this Article.
11		(2) In the event of a regulatory action level event
12		under paragraph (1), (2), or (3) of subsection (a) of
13		Section 35A-20, the Director shall take the actions
14		required under Section 35A-15.
15		(3) In the event of a regulatory action level event
16		under paragraph (4), (5), (6), (7), (8), or (9) of
17		subsection (a) of Section 35A-20 or an authorized control
18		level event, the Director shall take the actions required
19		under Section 35A-20.
20		(4) In the event of a mandatory control level event,
21		the Director shall take the actions required under Section
22		35A-25.
23		(b) For RBC Reports required to be filed by property and
24		casualty insurers with respect to the December 31, 1995 annual
25		statement, instead of the provisions of Sections Section

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1		35A-15, 35A-20, 35A-25, and 35A-30, the following provisions
2		apply:
3		(1) In the event of a company action level event with
4		respect to a domestic insurer, the Director shall take no
5		regulatory action under this Article.
6		(2) In the event of a regulatory action level event
7		under paragraph (1), (2), or (3) of subsection (a) of
8		Section 35A-20, the Director shall take the actions
9		required under Section 35A-15.
10		(3) In the event of a regulatory action level event
11		under paragraph (4), (5), (6), (7), (8), or (9) of
12		subsection (a) of Section 35A-20 or an authorized control
13		level event, the Director shall take the actions required
14		under Section 35A-20.
15		(4) In the event of a mandatory control level event,
16		the Director shall take the actions required under Section
17		35A-25.
18		(c) For RBC Reports required to be filed by health
19		organizations with respect to the December 31, 1999 annual
20		statement and the December 31, 2000 annual statement, instead
21		of the provisions of Sections 35A-15, 35A-20, 35A-25, and
22		35A-30, the following provisions apply:
23		(1) In the event of a company action level event with
24		respect to a domestic insurer, the Director shall take no
25		regulatory action under this Article.
26		(2) In the event of a regulatory action level event

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1		under paragraph (1), (2), or (3) of subsection (a) of
2		Section 35A-20, the Director shall take the actions
3		required under Section 35A-15.
4		(3) In the event of a regulatory action level event
5		under paragraph (4), (5), (6), (7), (8), or (9) of
6		subsection (a) of Section 35A-20 or an authorized control
7		level event, the Director shall take the actions required
8		under Section 35A-20.
9		(4) In the event of a mandatory control level event,
10		the Director shall take the actions required under Section
11		35A-25.
12		This subsection does not apply to a health organization
13		that provides or arranges for a health care plan under which
14		enrollees may access health care services from contracted
15		providers without a referral from their primary care physician.
16		Nothing in this subsection shall preclude or limit other
17		powers or duties of the Director under any other laws.
18		(d) For RBC Reports required to be filed by fraternal
19		benefit societies with respect to the December 31, 2013 annual
20		statement and the December 31, 2014 annual statement, instead
21		of the provisions of Sections 35A-15, 35A-20, 35A-25, and
22		35A-30, the following provisions apply:
23		(1) In the event of a company action level event with
24		respect to a domestic insurer, the Director shall take no
25		regulatory action under this Article.
26		(2) In the event of a regulatory action level event

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1		under paragraph (1), (2), or (3) of subsection (a) of
2		Section 35A-20, the Director shall take the actions
3		required under Section 35A-15.
4		(3) In the event of a regulatory action level event
5		under paragraph (4), (5), (6), (7), (8), or (9) of
6		subsection (a) of Section 35A-20 or an authorized control
7		level event, the Director shall take the actions required
8		under Section 35A-20.
9		(4) In the event of a mandatory control level event,
10		the Director shall take the actions required under Section
11		35A-25.
12		Nothing in this subsection shall preclude or limit other
13		powers or duties of the Director under any other laws.
14		(Source: P.A. 98-157, eff. 8-2-13; revised 9-2-16.)
15		(215 ILCS 5/126.12)
16		Sec. 126.12. Insurer investment pools.
17		A. An insurer may acquire investments in investment pools
18		that:
19		(1) Invest only in:
20		(a) Obligations that are rated 1 or 2 by the SVO or
21		have an equivalent of an SVO 1 or 2 rating (or, in the
22		absence of a 1 or 2 rating or equivalent rating, the
23		issuer has outstanding obligations with an SVO 1 or 2
24		or equivalent rating) by a nationally recognized
25		statistical rating organization recognized by the SVO

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1		and have:
2		(i) A remaining maturity of 397 days or less or
3		a put that entitles the holder to receive the
4		principal amount of the obligation which put may be
5		exercised through maturity at specified intervals
6		not exceeding 397 days; or
7		(ii) A remaining maturity of 3 years or less
8		and a floating interest rate that resets no less
9		frequently than quarterly on the basis of a current
10		short-term index (federal funds, prime rate,
11		treasury bills, London InterBank Offered Rate
12		(LIBOR) or commercial paper) and is subject to no
13		maximum limit, if the obligations do not have an
14		interest rate that varies inversely to market
15		interest rate changes;
16		(b) Government money market mutual funds or class
17		one money market mutual funds; or
18		(c) Securities lending, repurchase, and reverse
19		repurchase transactions that meet all the requirements
20		of Section 126.16, except the quantitative limitations
21		of Section 126.16D; or
22		(2) Invest only in investments which an insurer may
23		acquire under this Article, if the insurer's proportionate
24		interest in the amount invested in these investments when
25		combined with amount of such investments made directly or
26		indirectly through an investment subsidiary or other

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1		insurer investment pool permitted under this subsection
2		A(2) does not exceed the applicable limits of this Article
3		for such investments.
4		B. For an investment in an investment pool to be qualified
5		under this Article, the investment pool shall not:
6		(1) Acquire securities issued, assumed, guaranteed or
7		insured by the insurer or an affiliate of the insurer;
8		(2) Borrow or incur any indebtedness for borrowed
9		money, except for securities lending and reverse
10		repurchase transactions that meet the requirements of
11		Section 126.16 except the quantitative limitations of
12		Section 126.16D; or
13		(3) Acquire an investment if, as a result of such
14		transaction, the aggregate value of securities then loaned
15		or sold to, purchased from or invested in any one business
16		entity under this Section would exceed 10% of the total
17		assets of the investment pool.
18		C. The limitations of Section 126.10A shall not apply to an
19		insurer's investment in an investment pool, however an insurer
20		shall not acquire an investment in an investment pool under
21		this Section if, as a result of and after giving effect to the
22		investment, the aggregate amount of investments then held by
23		the insurer under this Section:
24		(1) In all investment pools investing in investments
25		permitted under subsection A(2) of this Section would
26		exceed 25% of its admitted assets; or

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1		(2) In all investment pools would exceed 35% of its
2		admitted assets.
3		D. For an investment in an investment pool to be qualified
4		under this Article, the manager of the investment pool shall:
5		(1) Be organized under the laws of the United States or
6		a state and designated as the pool manager in a pooling
7		agreement;
8		(2) Be the insurer, an affiliated insurer or a business
9		entity affiliated with the insurer, a qualified bank, a
10		business entity registered under the Investment Advisers
11		Advisors Act of 1940 (15 U.S.C. 80a-1 et seq.), as amended
12		or, in the case of a reciprocal insurer or interinsurance
13		exchange, its attorney-in-fact, or in the case of a United
14		States branch of an alien insurer, its United States
15		manager or an affiliate or subsidiary of its United States
16		manager;
17		(3) Be responsible for the compilation and maintenance
18		of detailed accounting records setting forth:
19		(a) The cash receipts and disbursements reflecting
20		each participant's proportionate investment in the
21		investment pool;
22		(b) A complete description of all underlying
23		assets of the investment pool (including amount,
24		interest rate, maturity date (if any) and other
25		appropriate designations); and
26		(c) Other records which, on a daily basis, allow

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1		third parties to verify each participant's investment
2		in the investment pool; and
3		(4) Maintain the assets of the investment pool in one
4		or more accounts, in the name of or on behalf of the
5		investment pool, under a custody agreement with a qualified
6		bank. The custody agreement shall:
7		(a) State and recognize the claims and rights of
8		each participant;
9		(b) Acknowledge that the underlying assets of the
10		investment pool are held solely for the benefit of each
11		participant in proportion to the aggregate amount of
12		its investments in the investment pool; and
13		(c) Contain an agreement that the underlying
14		assets of the investment pool shall not be commingled
15		with the general assets of the custodian qualified bank
16		or any other person.
17		E. The pooling agreement for each investment pool shall be
18		in writing and shall provide that:
19		(1) An insurer and its affiliated insurers or, in the
20		case of an investment pool investing solely in investments
21		permitted under subsection A(1) of this Section, the
22		insurer and its subsidiaries, affiliates or any pension or
23		profit sharing plan of the insurer, its subsidiaries and
24		affiliates or, in the case of a United States branch of an
25		alien insurer, affiliates or subsidiaries of its United
26		States manager, shall, at all times, hold 100% of the

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1		interests in the investment pool;
2		(2) The underlying assets of the investment pool shall
3		not be commingled with the general assets of the pool
4		manager or any other person;
5		(3) In proportion to the aggregate amount of each pool
6		participant's interest in the investment pool:
7		(a) Each participant owns an undivided interest in
8		the underlying assets of the investment pool; and
9		(b) The underlying assets of the investment pool
10		are held solely for the benefit of each participant;
11		(4) A participant, or in the event of the participant's
12		insolvency, bankruptcy or receivership, its trustee,
13		receiver or other successor-in-interest, may withdraw all
14		or any portion of its investment from the investment pool
15		under the terms of the pooling agreement;
16		(5) Withdrawals may be made on demand without penalty
17		or other assessment on any business day, but settlement of
18		funds shall occur within a reasonable and customary period
19		thereafter not to exceed 10 business days. Distributions
20		under this paragraph shall be calculated in each case net
21		of all then applicable fees and expenses of the investment
22		pool. The pooling agreement shall provide that the pool
23		manager shall distribute to a participant, at the
24		discretion of the pool manager:
25		(a) In cash, the then fair market value of the
26		participant's pro rata share of each underlying asset

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1		of the investment pool;
2		(b) In kind, a pro rata share of each underlying
3		asset; or
4		(c) In a combination of cash and in kind
5		distributions, a pro rata share in each underlying
6		asset; and
7		(6) The pool manager shall make the records of the
8		investment pool available for inspection by the Director.
9		F. Except for the formation of the investment pool,
10		transactions and between a domestic insurer and an affiliated
11		insurer investment pool shall not be subject to the
12		requirements of Section 131.20a of this Code.
13		(Source: P.A. 90-418, eff. 8-15-97; revised 9-2-16.)
14		(215 ILCS 5/126.25)
15		Sec. 126.25. Insurer investment pools.
16		A. An insurer may acquire investments in investment pools
17		that:
18		(1) Invest only in:
19		(a) Obligations that are rated 1 or 2 by the SVO or
20		have an equivalent of an SVO 1 or 2 rating (or, in the
21		absence of a 1 or 2 rating or equivalent rating, the
22		issuer has outstanding obligations with an SVO 1 or 2
23		or equivalent rating) by a nationally recognized
24		statistical rating organization recognized by the SVO
25		and have:

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1		(i) A remaining maturity of 397 days or less or
2		a put that entitles the holder to receive the
3		principal amount of the obligation which put may be
4		exercised through maturity at specified intervals
5		not exceeding 397 days; or
6		(ii) A remaining maturity of 3 years or less
7		and a floating interest rate that resets no less
8		frequently than quarterly on the basis of a current
9		short-term index (federal funds, prime rate,
10		treasury bills, London InterBank Offered Rate
11		(LIBOR) or commercial paper) and is subject to no
12		maximum limit, if the obligations do not have an
13		interest rate that varies inversely to market
14		interest rate changes;
15		(b) Government money market mutual funds or class
16		one money market mutual funds; or
17		(c) Securities lending, repurchase, and reverse
18		repurchase, transactions that meet all the
19		requirements of Section 126.29, except the
20		quantitative limitations of Section 126.29D; or
21		(2) Invest only in investments which an insurer may
22		acquire under this Article, if the insurer's proportionate
23		interest in the amount invested in these investments when
24		combined with amounts of such investments made directly or
25		indirectly through an investment subsidiary or other
26		insurer investment pool permitted under this subsection

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1		A(2) does not exceed the applicable limits of this Article
2		for such investments.
3		B. For an investment in an investment pool to be qualified
4		under this Article, the investment pool shall not:
5		(1) Acquire securities issued, assumed, guaranteed, or
6		insured by the insurer or an affiliate of the insurer;
7		(2) Borrow or incur any indebtedness for borrowed
8		money, except for securities lending and reverse
9		repurchase transactions that meet the requirements of
10		Section 126.29 except the quantitative limitations of
11		Section 126.29D; or
12		(3) Acquire an investment if, as a result of such
13		transaction, the aggregate value of securities then loaned
14		or sold to, purchased from or invested in any one business
15		entity under this Section would exceed 10% of the total
16		assets of the investment pool.
17		C. The limitations of Section 126.23A shall not apply to an
18		insurer's investment in an investment pool, however an insurer
19		shall not acquire an investment in an investment pool under
20		this Section if, as a result of and after giving effect to the
21		investment, the aggregate amount of investments then held by
22		the insurer under this Section:
23		(1) In all investment pools investing in investments
24		permitted under subsection A(2) of this Section would
25		exceed 25% of its admitted assets; or
26		(2) In all investment pools would exceed 40% of its

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1		admitted assets.
2		D. For an investment in an investment pool to be qualified
3		under this Article, the manager of the investment pool shall:
4		(1) Be organized under the laws of the United States or
5		a state and designated as the pool manager in a pooling
6		agreement;
7		(2) Be the insurer, an affiliated insurer or a business
8		entity affiliated with the insurer, a qualified bank, a
9		business entity registered under the Investment Advisers
10		Advisors Act of 1940 (15 U.S.C. 80a-1 et seq.), as amended
11		or, in the case of a reciprocal insurer or interinsurance
12		exchange, its attorney-in-fact, or in the case of a United
13		States branch of an alien insurer, its United States
14		manager or an affiliate or subsidiary of its United States
15		manager;
16		(3) Be responsible for the compilation and maintenance
17		of detailed accounting records setting forth:
18		(a) The cash receipts and disbursements reflecting
19		each participant's proportionate investment in the
20		investment pool;
21		(b) A complete description of all underlying
22		assets of the investment pool (including amount,
23		interest rate, maturity date (if any) and other
24		appropriate designations); and
25		(c) Other records which, on a daily basis, allow
26		third parties to verify each participant's investment

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1		in the investment pool; and
2		(4) Maintain the assets of the investment pool in one
3		or more accounts, in the name of or on behalf of the
4		investment pool, under a custody agreement with a qualified
5		bank. The custody agreement shall:
6		(a) State and recognize the claims and rights of
7		each participant;
8		(b) Acknowledge that the underlying assets of the
9		investment pool are held solely for the benefit of each
10		participant in proportion to the aggregate amount of
11		its investments in the investment pool; and
12		(c) Contain an agreement that the underlying
13		assets of the investment pool shall not be commingled
14		with the general assets of the custodian qualified bank
15		or any other person.
16		E. The pooling agreement for each investment pool shall be
17		in writing and shall provide that:
18		(1) An insurer and its affiliated insurers or, in the
19		case of an investment pool investing solely in investments
20		permitted under subsection A(1) of this Section, the
21		insurer and its subsidiaries, affiliates or any pension or
22		profit sharing plan of the insurer, its subsidiaries and
23		affiliates or, in the case of a United States branch of an
24		alien insurer, affiliates or subsidiaries of its United
25		States manager, shall, at all times, hold 100% of the
26		interests in the investment pool;

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1		(2) The underlying assets of the investment pool shall
2		not be commingled with the general assets of the pool
3		manager or any other person;
4		(3) In proportion to the aggregate amount of each pool
5		participant's interest in the investment pool:
6		(a) Each participant owns an undivided interest in
7		the underlying assets of the investment pool; and
8		(b) The underlying assets of the investment pool
9		are held solely for the benefit of each participant;
10		(4) A participant, or in the event of the participant's
11		insolvency, bankruptcy or receivership, its trustee,
12		receiver or other successor-in-interest, may withdraw all
13		or any portion of its investment from the investment pool
14		under the terms of the pooling agreement;
15		(5) Withdrawals may be made on demand without penalty
16		or other assessment on any business day, but settlement of
17		funds shall occur within a reasonable and customary period
18		thereafter not to exceed 10 business days. Distributions
19		under this paragraph shall be calculated in each case net
20		of all then applicable fees and expenses of the investment
21		pool. The pooling agreement shall provide that the pool
22		manager shall distribute to a participant, at the
23		discretion of the pool manager:
24		(a) In cash, the then fair market value of the
25		participant's pro rata share of each underlying asset
26		of the investment pool;

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1		(b) In kind, a pro rata share of each underlying
2		asset; or
3		(c) In a combination of cash and in kind
4		distributions, a pro rata share in each underlying
5		asset; and
6		(6) The pool manager shall make the records of the
7		investment pool available for inspection by the Director.
8		F. Except for the formation of the investment pool,
9		transactions between a domestic insurer and an affiliated
10		insurer investment pool shall not be subject to the
11		requirements of Section 131.20a of this Code.
12		(Source: P.A. 90-418, eff. 8-15-97; revised 9-2-16.)
13		(215 ILCS 5/143.19) (from Ch. 73, par. 755.19)
14		Sec. 143.19. Cancellation of automobile insurance policy;
15		grounds Automobile Insurance Policy - Grounds. After a policy
16		of automobile insurance as defined in Section 143.13(a) has
17		been effective for 60 days, or if such policy is a renewal
18		policy, the insurer shall not exercise its option to cancel
19		such policy except for one or more of the following reasons:
20		a. Nonpayment of premium;
21		b. The policy was obtained through a material
22		misrepresentation;
23		c. Any insured violated any of the terms and conditions
24		of the policy;
25		d. The named insured failed to disclose fully his motor

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1		vehicle accidents and moving traffic violations for the
2		preceding 36 months if called for in the application;
3		e. Any insured made a false or fraudulent claim or of
4		knowingly aided or abetted another in the presentation of
5		such a claim;
6		f. The named insured or any other operator who either
7		resides in the same household or customarily operates an
8		automobile insured under such policy:
9		1. has, within the 12 months prior to the notice of
10		cancellation, had his driver's license under
11		suspension or revocation;
12		2. is or becomes subject to epilepsy or heart
13		attacks, and such individual does not produce a
14		certificate from a physician testifying to his
15		unqualified ability to operate a motor vehicle safely;
16		3. has an accident record, conviction record
17		(criminal or traffic), physical, or mental condition
18		which is such that his operation of an automobile might
19		endanger the public safety;
20		4. has, within the 36 months prior to the notice of
21		cancellation, been addicted to the use of narcotics or
22		other drugs; or
23		5. has been convicted, or forfeited bail, during
24		the 36 months immediately preceding the notice of
25		cancellation, for any felony, criminal negligence
26		resulting in death, homicide or assault arising out of

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1		the operation of a motor vehicle, operating a motor
2		vehicle while in an intoxicated condition or while
3		under the influence of drugs, being intoxicated while
4		in, or about, an automobile or while having custody of
5		an automobile, leaving the scene of an accident without
6		stopping to report, theft or unlawful taking of a motor
7		vehicle, making false statements in an application for
8		an operator's or chauffeur's license or has been
9		convicted or forfeited bail for 3 or more violations
10		within the 12 months immediately preceding the notice
11		of cancellation, of any law, ordinance, or regulation
12		limiting the speed of motor vehicles or any of the
13		provisions of the motor vehicle laws of any state,
14		violation of which constitutes a misdemeanor, whether
15		or not the violations were repetitions of the same
16		offense or of different offenses;
17		g. The insured automobile is:
18		1. so mechanically defective that its operation
19		might endanger public safety;
20		2. used in carrying passengers for hire or
21		compensation (the use of an automobile for a car pool
22		shall not be considered use of an automobile for hire
23		or compensation);
24		3. used in the business of transportation of
25		flammables or explosives;
26		4. an authorized emergency vehicle;

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1		5. changed in shape or condition during the policy
2		period so as to increase the risk substantially; or
3		6. subject to an inspection law and has not been
4		inspected or, if inspected, has failed to qualify.
5		Nothing in this Section shall apply to nonrenewal.
6		(Source: P.A. 92-16, eff. 6-28-01; revised 9-19-16.)
7		(215 ILCS 5/355a) (from Ch. 73, par. 967a)
8		Sec. 355a. Standardization of terms and coverage.
9		(1) The purposes purpose of this Section shall be (a) to
10		provide reasonable standardization and simplification of terms
11		and coverages of individual accident and health insurance
12		policies to facilitate public understanding and comparisons;
13		(b) to eliminate provisions contained in individual accident
14		and health insurance policies which may be misleading or
15		unreasonably confusing in connection either with the purchase
16		of such coverages or with the settlement of claims; and (c) to
17		provide for reasonable disclosure in the sale of accident and
18		health coverages.
19		(2) Definitions applicable to this Section are as follows:
20		(a) "Policy" means all or any part of the forms
21		constituting the contract between the insurer and the
22		insured, including the policy, certificate, subscriber
23		contract, riders, endorsements, and the application if
24		attached, which are subject to filing with and approval by
25		the Director.

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1		(b) "Service corporations" means voluntary health and
2		dental corporations organized and operating respectively
3		under the Voluntary Health Services Plans Act and the
4		Dental Service Plan Act.
5		(c) "Accident and health insurance" means insurance
6		written under Article XX of this the Insurance Code, other
7		than credit accident and health insurance, and coverages
8		provided in subscriber contracts issued by service
9		corporations. For purposes of this Section such service
10		corporations shall be deemed to be insurers engaged in the
11		business of insurance.
12		(3) The Director shall issue such rules as he shall deem
13		necessary or desirable to establish specific standards,
14		including standards of full and fair disclosure that set forth
15		the form and content and required disclosure for sale, of
16		individual policies of accident and health insurance, which
17		rules and regulations shall be in addition to and in accordance
18		with the applicable laws of this State, and which may cover but
19		shall not be limited to: (a) terms of renewability; (b) initial
20		and subsequent conditions of eligibility; (c) non-duplication
21		of coverage provisions; (d) coverage of dependents; (e)
22		pre-existing conditions; (f) termination of insurance; (g)
23		probationary periods; (h) limitation, exceptions, and
24		reductions; (i) elimination periods; (j) requirements
25		regarding replacements; (k) recurrent conditions; and (l) the
26		definition of terms, including, but not limited to, the

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1		following: hospital, accident, sickness, injury, physician,
2		accidental means, total disability, partial disability,
3		nervous disorder, guaranteed renewable, and non-cancellable.
4		The Director may issue rules that specify prohibited policy
5		provisions not otherwise specifically authorized by statute
6		which in the opinion of the Director are unjust, unfair or
7		unfairly discriminatory to the policyholder, any person
8		insured under the policy, or beneficiary.
9		(4) The Director shall issue such rules as he shall deem
10		necessary or desirable to establish minimum standards for
11		benefits under each category of coverage in individual accident
12		and health policies, other than conversion policies issued
13		pursuant to a contractual conversion privilege under a group
14		policy, including but not limited to the following categories:
15		(a) basic hospital expense coverage; (b) basic
16		medical-surgical expense coverage; (c) hospital confinement
17		indemnity coverage; (d) major medical expense coverage; (e)
18		disability income protection coverage; (f) accident only
19		coverage; and (g) specified disease or specified accident
20		coverage.
21		Nothing in this subsection (4) shall preclude the issuance
22		of any policy which combines two or more of the categories of
23		coverage enumerated in subparagraphs (a) through (f) of this
24		subsection.
25		No policy shall be delivered or issued for delivery in this
26		State which does not meet the prescribed minimum standards for

HB3855 Engrossed - 699 - LRB100 05985 AMC 16014 b
1		the categories of coverage listed in this subsection unless the
2		Director finds that such policy is necessary to meet specific
3		needs of individuals or groups and such individuals or groups
4		will be adequately informed that such policy does not meet the
5		prescribed minimum standards, and such policy meets the
6		requirement that the benefits provided therein are reasonable
7		in relation to the premium charged. The standards and criteria
8		to be used by the Director in approving such policies shall be
9		included in the rules required under this Section with as much
10		specificity as practicable.
11		The Director shall prescribe by rule the method of
12		identification of policies based upon coverages provided.
13		(5) (a) In order to provide for full and fair disclosure in
14		the sale of individual accident and health insurance policies,
15		no such policy shall be delivered or issued for delivery in
16		this State unless the outline of coverage described in
17		paragraph (b) of this subsection either accompanies the policy,
18		or is delivered to the applicant at the time the application is
19		made, and an acknowledgment signed by the insured, of receipt
20		of delivery of such outline, is provided to the insurer. In the
21		event the policy is issued on a basis other than that applied
22		for, the outline of coverage properly describing the policy
23		must accompany the policy when it is delivered and such outline
24		shall clearly state that the policy differs, and to what
25		extent, from that for which application was originally made.
26		All policies, except single premium nonrenewal policies, shall

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1		have a notice prominently printed on the first page of the
2		policy or attached thereto stating in substance, that the
3		policyholder shall have the right to return the policy within
4		10 days of its delivery and to have the premium refunded if
5		after examination of the policy the policyholder is not
6		satisfied for any reason.
7		(b) The Director shall issue such rules as he shall deem
8		necessary or desirable to prescribe the format and content of
9		the outline of coverage required by paragraph (a) of this
10		subsection. "Format" means style, arrangement, and overall
11		appearance, including such items as the size, color, and
12		prominence of type and the arrangement of text and captions.
13		"Content" shall include without limitation thereto, statements
14		relating to the particular policy as to the applicable category
15		of coverage prescribed under subsection (4) 4; principal
16		benefits; exceptions, reductions and limitations; and renewal
17		provisions, including any reservation by the insurer of a right
18		to change premiums. Such outline of coverage shall clearly
19		state that it constitutes a summary of the policy issued or
20		applied for and that the policy should be consulted to
21		determine governing contractual provisions.
22		(c) Without limiting the generality of paragraph (b) of
23		this subsection (5), no qualified health plans shall be offered
24		for sale directly to consumers through the health insurance
25		marketplace operating in the State in accordance with Sections
26		1311 and 1321 of the federal Patient Protection and Affordable

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1		Care Act of 2010 (Public Law 111-148), as amended by the
2		federal Health Care and Education Reconciliation Act of 2010
3		(Public Law 111-152), and any amendments thereto, or
4		regulations or guidance issued thereunder (collectively, "the
5		Federal Act"), unless the following information is made
6		available to the consumer at the time he or she is comparing
7		policies and their premiums:
8		(i) With respect to prescription drug benefits, the
9		most recently published formulary where a consumer can view
10		in one location covered prescription drugs; information on
11		tiering and the cost-sharing structure for each tier; and
12		information about how a consumer can obtain specific
13		copayment amounts or coinsurance percentages for a
14		specific qualified health plan before enrolling in that
15		plan. This information shall clearly identify the
16		qualified health plan to which it applies.
17		(ii) The most recently published provider directory
18		where a consumer can view the provider network that applies
19		to each qualified health plan and information about each
20		provider, including location, contact information,
21		specialty, medical group, if any, any institutional
22		affiliation, and whether the provider is accepting new
23		patients at each of the specific locations listing the
24		provider. Dental providers shall notify qualified health
25		plans electronically or in writing of any changes to their
26		information as listed in the provider directory. Qualified

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1		health plans shall update their directories in a manner
2		consistent with the information provided by the provider or
3		dental management service organization within 10 business
4		days after being notified of the change by the provider.
5		Nothing in this paragraph (ii) shall void any contractual
6		relationship between the provider and the plan. The
7		information shall clearly identify the qualified health
8		plan to which it applies.
9		(d) Each company that offers qualified health plans for
10		sale directly to consumers through the health insurance
11		marketplace operating in the State shall make the information
12		in paragraph (c) of this subsection (5), for each qualified
13		health plan that it offers, available and accessible to the
14		general public on the company's Internet website and through
15		other means for individuals without access to the Internet.
16		(e) The Department shall ensure that State-operated
17		Internet websites, in addition to the Internet website for the
18		health insurance marketplace established in this State in
19		accordance with the Federal Act, prominently provide links to
20		Internet-based materials and tools to help consumers be
21		informed purchasers of health insurance.
22		(f) Nothing in this Section shall be interpreted or
23		implemented in a manner not consistent with the Federal Act.
24		This Section shall apply to all qualified health plans offered
25		for sale directly to consumers through the health insurance
26		marketplace operating in this State for any coverage year

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1		beginning on or after January 1, 2015.
2		(6) Prior to the issuance of rules pursuant to this
3		Section, the Director shall afford the public, including the
4		companies affected thereby, reasonable opportunity for
5		comment. Such rulemaking is subject to the provisions of the
6		Illinois Administrative Procedure Act.
7		(7) When a rule has been adopted, pursuant to this Section,
8		all policies of insurance or subscriber contracts which are not
9		in compliance with such rule shall, when so provided in such
10		rule, be deemed to be disapproved as of a date specified in
11		such rule not less than 120 days following its effective date,
12		without any further or additional notice other than the
13		adoption of the rule.
14		(8) When a rule adopted pursuant to this Section so
15		provides, a policy of insurance or subscriber contract which
16		does not comply with the rule shall, not less than 120 days
17		from the effective date of such rule, be construed, and the
18		insurer or service corporation shall be liable, as if the
19		policy or contract did comply with the rule.
20		(9) Violation of any rule adopted pursuant to this Section
21		shall be a violation of the insurance law for purposes of
22		Sections 370 and 446 of this the Insurance Code.
23		(Source: P.A. 98-1035, eff. 8-25-14; 99-329, eff. 1-1-16;
24		revised 9-9-16.)
25		(215 ILCS 5/1303) (from Ch. 73, par. 1065.1003)

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1		Sec. 1303. Definitions. The following definitions shall
2		apply to this Article:
3		"Consolidation" means any transaction in which a financial
4		institution makes its premium collection services available to
5		its mortgage debtors in connection with a particular insurer's
6		("new insurer") offer of mortgage insurance, which offer is
7		made to debtors who, immediately prior to the offer, had
8		mortgage insurance with another insurer ("old insurer") and
9		were paying premiums for that insurance with their monthly
10		mortgage payments.
11		"Financial institution" or "servicer" means any entity or
12		organization that services mortgage loans by collecting and
13		accounting for monthly mortgage insurance premiums as part of
14		the debtor's monthly mortgage payment for one or more insurers.
15		"Insured" means the individual loan customer or
16		certificate holder.
17		"Loan transfer" means a transaction in which the servicing
18		of a block of mortgage loans is transferred from one servicer
19		to another servicer. This shall include, but not be limited,
20		to, mergers or acquisitions.
21		"Loan transfer consolidation" means a consolidation in
22		which coverage is limited to insureds whose mortgage loans have
23		been sold or transferred in the secondary market from one
24		servicer to another.
25		"Group-to-group consolidation" means a consolidation in
26		which coverages under both the old plan and the new plan is

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1		provided under group policies.
2		"Mortgage insurance" means mortgage life insurance (term
3		or ordinary), mortgage disability insurance, mortgage
4		accidental death insurance, or any combination thereof,
5		including both individual and group policies, and any
6		certificates issued thereunder, on credit transactions of more
7		than 10 years duration and written in connection with a credit
8		transaction that is secured by a first mortgage or deed of
9		trust and made to finance the purchase of real property or the
10		construction of a dwelling thereon or to refinance a prior
11		credit transaction made for such a purpose.
12		"New coverage" or "new plan" means the mortgage insurance
13		coverage or plan for which a financial institution collects
14		premium beginning on the effective date of a consolidation.
15		"New insurer" means any insurer who offers mortgage
16		insurance coverage to borrowers of the financial institution
17		who can no longer remit monthly premiums for the old insurer
18		along with their monthly mortgage payment.
19		"Old coverage" or "old plan" means the mortgage insurance
20		coverage or plan for which a financial institution collects
21		premiums immediately prior to a consolidation.
22		"Old insurer" means any insurer for whom a financial
23		institution will no longer make its premium collection
24		facilities available for all or some of the insurer's
25		policyholders or certificate holders.
26		(Source: P.A. 86-378; revised 10-25-16.)

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1		Section 420. The Reinsurance Intermediary Act is amended by
2		changing Section 10 as follows:
3		(215 ILCS 100/10) (from Ch. 73, par. 1610)
4		Sec. 10. Licensure.
5		(a) No person, firm, association, or corporation that
6		maintains an office, officer, director, agent, or employee,
7		directly or indirectly, in this State shall act as an
8		intermediary broker unless licensed as an insurance producer in
9		this State. No person, firm, association, or corporation that
10		does not maintain an office, officer, director, agent, or
11		employee in this State shall act as an intermediary broker in
12		this State unless licensed as an insurance producer in this
13		State, unless licensed as an insurance producer in another
14		state that has a law substantially similar to this law, or
15		unless licensed in this State as a nonresident reinsurance
16		intermediary.
17		(b) No person, firm, association, or corporation shall act
18		as an intermediary manager, except in compliance with this
19		subsection, as follows:
20		(1) For a reinsurer domiciled in this State, unless the
21		intermediary manager is a licensed producer in this State.
22		(2) In this State, if the intermediary manager
23		maintains an office, either directly or as a member or
24		employee of a firm or association, or an officer, director,

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1		or employee of a corporation, in this State, unless the
2		intermediary manager is a licensed producer in this State.
3		(3) In another state for a nondomestic insurer, unless
4		the intermediary manager is a licensed producer in this
5		State or another state having a law substantially similar
6		to this law or the person is licensed in this State as a
7		nonresident reinsurance intermediary.
8		(c) The Director may require an intermediary manager
9		subject to subsection (b) to:
10		(1) file a bond in an amount and from an insurer
11		acceptable to the Director for the protection of the
12		reinsurer; and
13		(2) maintain an errors and omissions policy in an
14		amount acceptable to the Director.
15		(d) The Director may issue a reinsurance intermediary
16		license to any person, firm, association, or corporation that
17		has complied compiled with the requirements of this Act. Any
18		license issued to a firm or association will authorize all the
19		members of the firm or association and any designated employees
20		to act as reinsurance intermediaries under the license. All of
21		those persons shall be named in the application and any
22		supplements thereto. Any license issued to a corporation shall
23		authorize all of the officers and any designated employees and
24		directors thereof to act as reinsurance intermediaries on
25		behalf of the corporation, and all of those persons shall be
26		named in the application and any supplements thereto.

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1		If the applicant for a reinsurance intermediary license is
2		a nonresident, the applicant, as a condition precedent to
3		receiving or holding a license, shall designate the Director as
4		agent for service of process in the manner, and with the same
5		legal effect, provided in the Illinois Insurance Code for
6		designation of service of process upon unauthorized insurers.
7		The applicant shall also furnish the Director with the name and
8		address of a resident of this State upon whom notices or orders
9		of the Director or process affecting the nonresident
10		reinsurance intermediary may be served. The licensee shall
11		promptly notify the Director in writing of every change in its
12		designated agent for service of process. The change shall not
13		become effective until acknowledged by the Director.
14		(e) The Director may refuse to issue a reinsurance
15		intermediary license if, in his judgment, the applicant, any
16		one named on the application or any member, principal, officer,
17		or director of the applicant is not trustworthy; or that any
18		controlling person of the applicant is not trustworthy to act
19		as a reinsurance intermediary; or any of the foregoing has
20		given cause for revocation or suspension of that kind of
21		license or has failed to comply with any prerequisite for the
22		issuance of the license. Upon written request therefor, the
23		Director will furnish a summary of the basis for refusal to
24		issue a license, which document shall be privileged and not
25		subject to the Freedom of Information Act.
26		(f) Licensed attorneys at law of this State, when acting in

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1		their professional capacity as an attorney, shall be exempt
2		from this Section.
3		(g) All licenses issued under this Act shall terminate 24
4		months following the date of issuance and may be renewed by
5		providing to the Director satisfactory evidence that the
6		reinsurance intermediary continues to meet the requirements of
7		this Section and upon payment of the fees specified in Section
8		408 of the Illinois Insurance Code.
9		(Source: P.A. 89-97, eff. 7-7-95; revised 9-1-16.)
10		Section 425. The Comprehensive Health Insurance Plan Act is
11		amended by changing Sections 4, 5, and 15 as follows:
12		(215 ILCS 105/4) (from Ch. 73, par. 1304)
13		Sec. 4. Powers and authority of the board. The board shall
14		have the general powers and authority granted under the laws of
15		this State to insurance companies licensed to transact health
16		and accident insurance and in addition thereto, the specific
17		authority to:
18		a. Enter into contracts as are necessary or proper to
19		carry out the provisions and purposes of this Act,
20		including the authority, with the approval of the Director,
21		to enter into contracts with similar plans of other states
22		for the joint performance of common administrative
23		functions, or with persons or other organizations for the
24		performance of administrative functions including, without

HB3855 Engrossed - 710 - LRB100 05985 AMC 16014 b
1		limitation, utilization review and quality assurance
2		programs, or with health maintenance organizations or
3		preferred provider organizations for the provision of
4		health care services.
5		b. Sue or be sued, including taking any legal actions
6		necessary or proper.
7		c. Take such legal action as necessary to:
8		(1) avoid the payment of improper claims against
9		the plan or the coverage provided by or through the
10		plan;
11		(2) to recover any amounts erroneously or
12		improperly paid by the plan;
13		(3) to recover any amounts paid by the plan as a
14		result of a mistake of fact or law; or
15		(4) to recover or collect any other amounts,
16		including assessments, that are due or owed the Plan or
17		have been billed on its or the Plan's behalf.
18		d. Establish appropriate rates, rate schedules, rate
19		adjustments, expense allowances, agents' referral fees,
20		claim reserves, and formulas and any other actuarial
21		function appropriate to the operation of the plan. Rates
22		and rate schedules may be adjusted for appropriate risk
23		factors such as age and area variation in claim costs and
24		shall take into consideration appropriate risk factors in
25		accordance with established actuarial and underwriting
26		practices.

HB3855 Engrossed - 711 - LRB100 05985 AMC 16014 b
1		e. Issue policies of insurance in accordance with the
2		requirements of this Act.
3		f. Appoint appropriate legal, actuarial and other
4		committees as necessary to provide technical assistance in
5		the operation of the plan, policy and other contract
6		design, and any other function within the authority of the
7		plan.
8		g. Borrow money to effect the purposes of the Illinois
9		Comprehensive Health Insurance Plan. Any notes or other
10		evidence of indebtedness of the plan not in default shall
11		be legal investments for insurers and may be carried as
12		admitted assets.
13		h. Establish rules, conditions and procedures for
14		reinsuring risks under this Act.
15		i. Employ and fix the compensation of employees. Such
16		employees may be paid on a warrant issued by the State
17		Treasurer pursuant to a payroll voucher certified by the
18		Board and drawn by the Comptroller against appropriations
19		or trust funds held by the State Treasurer.
20		j. Enter into intergovernmental cooperation agreements
21		with other agencies or entities of State government for the
22		purpose of sharing the cost of providing health care
23		services that are otherwise authorized by this Act for
24		children who are both plan participants and eligible for
25		financial assistance from the Division of Specialized Care
26		for Children of the University of Illinois.

HB3855 Engrossed - 712 - LRB100 05985 AMC 16014 b
1		k. Establish conditions and procedures under which the
2		plan may, if funds permit, discount or subsidize premium
3		rates that are paid directly by senior citizens, as defined
4		by the Board, and other plan participants, who are retired
5		or unemployed and meet other qualifications.
6		l. Establish and maintain the Plan Fund authorized in
7		Section 3 of this Act, which shall be divided into separate
8		accounts, as follows:
9		(1) accounts to fund the administrative, claim,
10		and other expenses of the Plan associated with eligible
11		persons who qualify for Plan coverage under Section 7
12		of this Act, which shall consist of:
13		(A) premiums paid on behalf of covered
14		persons;
15		(B) appropriated funds and other revenues
16		collected or received by the Board;
17		(C) reserves for future losses maintained by
18		the Board; and
19		(D) interest earnings from investment of the
20		funds in the Plan Fund or any of its accounts other
21		than the funds in the account established under
22		item (2) 2 of this subsection;
23		(2) an account, to be denominated the federally
24		eligible individuals account, to fund the
25		administrative, claim, and other expenses of the Plan
26		associated with federally eligible individuals who

HB3855 Engrossed - 713 - LRB100 05985 AMC 16014 b
1		qualify for Plan coverage under Section 15 of this Act,
2		which shall consist of:
3		(A) premiums paid on behalf of covered
4		persons;
5		(B) assessments and other revenues collected
6		or received by the Board;
7		(C) reserves for future losses maintained by
8		the Board; and
9		(D) interest earnings from investment of the
10		federally eligible individuals account funds; and
11		(E) grants provided pursuant to the federal
12		Trade Act of 2002; and
13		(3) such other accounts as may be appropriate.
14		m. Charge and collect assessments paid by insurers
15		pursuant to Section 12 of this Act and recover any
16		assessments for, on behalf of, or against those insurers.
17		(Source: P.A. 93-33, eff. 6-23-03; 93-34, eff. 6-23-03; revised
18		9-1-16.)
19		(215 ILCS 105/5) (from Ch. 73, par. 1305)
20		Sec. 5. Plan administrator.
21		a. The Board shall select a Plan administrator through a
22		competitive bidding process to administer the Plan. The Board
23		shall evaluate bids submitted under this Section based on
24		criteria established by the Board which shall include:
25		(1) The Plan administrator's proven ability to handle

HB3855 Engrossed - 714 - LRB100 05985 AMC 16014 b
1		other large group accident and health benefit plans.
2		(2) The efficiency and timeliness of the Plan
3		administrator's claim processing procedures.
4		(3) An estimate of total net cost for administering the
5		Plan, including any discounts or income the Plan could
6		expect to receive or benefit from.
7		(4) The Plan administrator's ability to apply
8		effective cost containment programs and procedures and to
9		administer the Plan in a cost-efficient manner.
10		(5) The financial condition and stability of the Plan
11		administrator.
12		b. The Plan administrator shall serve for a period of 5
13		years subject to removal for cause and subject to the terms,
14		conditions and limitations of the contract between the Board
15		and the Plan administrator. At least one year prior to the
16		expiration of each 5-year 5 year period of service by the
17		current Plan administrator, the Board shall begin to advertise
18		for bids to serve as the Plan administrator for the succeeding
19		5-year 5 year period. Selection of the Plan administrator for
20		the succeeding period shall be made at least 6 months prior to
21		the end of the current 5-year 5 year period. Notwithstanding
22		any other provision of this subsection, the Board at its option
23		may extend the term of a Plan administrator contract for a
24		period not to exceed 3 years.
25		c. The Plan administrator shall perform such functions
26		relating to the Plan as may be assigned to it including:

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1		(1) establishment of a premium billing procedure for
2		collection of premiums from Plan participants. Billings
3		shall be made on a periodic basis as determined by the
4		Board;
5		(2) payment and processing of claims and various cost
6		containment functions; and
7		(3) other functions to assure timely payment of
8		benefits to participants under the Plan, including:
9		(a) making available information relating to the
10		proper manner of submitting a claim for benefits under
11		the Plan and distributing forms upon which submissions
12		shall be made, and
13		(b) evaluating the eligibility of each claim for
14		payment under the Plan.
15		The Plan administrator shall be governed by the
16		requirements of Part 919 of Title 50 of the Illinois
17		Administrative Code, promulgated by the Department of
18		Insurance, regarding the handling of claims under this Act.
19		d. The Plan administrator shall submit regular reports to
20		the Board regarding the operation of the Plan. The frequency,
21		content and form of the report shall be as determined by the
22		Board.
23		e. The Plan administrator shall pay or be reimbursed for
24		claims expenses from the premium payments received from or on
25		behalf of Plan participants. If the Plan administrator's
26		payments or reimbursements for claims expenses exceed the

HB3855 Engrossed - 716 - LRB100 05985 AMC 16014 b
1		portion of premiums allocated by the Board for payment of
2		claims expenses, the Board shall provide additional funds to
3		the Plan administrator for payment or reimbursement of such
4		claims expenses.
5		f. The Plan administrator shall be paid as provided in the
6		contract between the Board and the Plan administrator.
7		(Source: P.A. 97-11, eff. 6-14-11; revised 9-2-16.)
8		(215 ILCS 105/15)
9		Sec. 15. Alternative portable coverage for federally
10		eligible individuals.
11		(a) Notwithstanding the requirements of subsection a a. of
12		Section 7 and except as otherwise provided in this Section, any
13		federally eligible individual for whom a Plan application, and
14		such enclosures and supporting documentation as the Board may
15		require, is received by the Board within 90 days after the
16		termination of prior creditable coverage shall qualify to
17		enroll in the Plan under the portability provisions of this
18		Section.
19		A federally eligible person who has been certified as
20		eligible pursuant to the federal Trade Act of 2002 and whose
21		Plan application and enclosures and supporting documentation
22		as the Board may require is received by the Board within 63
23		days after the termination of previous creditable coverage
24		shall qualify to enroll in the Plan under the portability
25		provisions of this Section.

HB3855 Engrossed - 717 - LRB100 05985 AMC 16014 b
1		(b) Any federally eligible individual seeking Plan
2		coverage under this Section must submit with his or her
3		application evidence, including acceptable written
4		certification of previous creditable coverage, that will
5		establish to the Board's satisfaction, that he or she meets all
6		of the requirements to be a federally eligible individual and
7		is currently and permanently residing in this State (as of the
8		date his or her application was received by the Board).
9		(c) Except as otherwise provided in this Section, a period
10		of creditable coverage shall not be counted, with respect to
11		qualifying an applicant for Plan coverage as a federally
12		eligible individual under this Section, if after such period
13		and before the application for Plan coverage was received by
14		the Board, there was at least a 90-day 90 day period during all
15		of which the individual was not covered under any creditable
16		coverage.
17		For a federally eligible person who has been certified as
18		eligible pursuant to the federal Trade Act of 2002, a period of
19		creditable coverage shall not be counted, with respect to
20		qualifying an applicant for Plan coverage as a federally
21		eligible individual under this Section, if after such period
22		and before the application for Plan coverage was received by
23		the Board, there was at least a 63-day 63 day period during all
24		of which the individual was not covered under any creditable
25		coverage.
26		(d) Any federally eligible individual who the Board

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1		determines qualifies for Plan coverage under this Section shall
2		be offered his or her choice of enrolling in one of alternative
3		portability health benefit plans which the Board is authorized
4		under this Section to establish for these federally eligible
5		individuals and their dependents.
6		(e) The Board shall offer a choice of health care coverages
7		consistent with major medical coverage under the alternative
8		health benefit plans authorized by this Section to every
9		federally eligible individual. The coverages to be offered
10		under the plans, the schedule of benefits, deductibles,
11		co-payments, exclusions, and other limitations shall be
12		approved by the Board. One optional form of coverage shall be
13		comparable to comprehensive health insurance coverage offered
14		in the individual market in this State or a standard option of
15		coverage available under the group or individual health
16		insurance laws of the State. The standard benefit plan that is
17		authorized by Section 8 of this Act may be used for this
18		purpose. The Board may also offer a preferred provider option
19		and such other options as the Board determines may be
20		appropriate for these federally eligible individuals who
21		qualify for Plan coverage pursuant to this Section.
22		(f) Notwithstanding the requirements of subsection f f. of
23		Section 8, any Plan coverage that is issued to federally
24		eligible individuals who qualify for the Plan pursuant to the
25		portability provisions of this Section shall not be subject to
26		any preexisting conditions exclusion, waiting period, or other

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1		similar limitation on coverage.
2		(g) Federally eligible individuals who qualify and enroll
3		in the Plan pursuant to this Section shall be required to pay
4		such premium rates as the Board shall establish and approve in
5		accordance with the requirements of Section 7.1 of this Act.
6		(h) A federally eligible individual who qualifies and
7		enrolls in the Plan pursuant to this Section must satisfy on an
8		ongoing basis all of the other eligibility requirements of this
9		Act to the extent not inconsistent with the federal Health
10		Insurance Portability and Accountability Act of 1996 in order
11		to maintain continued eligibility for coverage under the Plan.
12		(Source: P.A. 97-333, eff. 8-12-11; revised 9-2-16.)
13		Section 430. The Farm Mutual Insurance Company Act of 1986
14		is amended by changing Section 12 as follows:
15		(215 ILCS 120/12) (from Ch. 73, par. 1262)
16		Sec. 12. Investments. Without the prior approval of the
17		Director, the funds of any company operating under or regulated
18		by the provisions of this Act, shall be invested only in the
19		following:
20		(1) Direct obligations of the United States of America,
21		or obligations of agencies or instrumentalities of the
22		United States to the extent guaranteed or insured as to the
23		payment of principal and interest by the United States of
24		America;

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1		(2) Bonds which are direct, general obligations of the
2		State of Illinois or any other state, subject to a maximum
3		of 30% of admitted assets in states other than Illinois in
4		the aggregate;
5		(3) Bonds which are direct, general obligations of
6		political subdivisions of the State of Illinois or any
7		other state, subject to the following conditions:
8		(a) Maximum of 5% of admitted assets in any one
9		political subdivision;
10		(b) Maximum of 30% of admitted assets in all
11		political subdivisions in the aggregate;
12		(c) Rating of A3 or higher by Moody's Investors
13		Service, Inc. or A- or higher by Standard & Poor's
14		Corporation;
15		(4) Bonds, notes, debentures, or other similar
16		obligations of the United States of America, its agencies,
17		and its instrumentalities, subject to a maximum investment
18		of 10% of admitted assets in any one issuer;
19		(5) Bonds that are obligations of corporations
20		organized by the United States of America, subject to the
21		following conditions:
22		(a) Maximum of 5% of admitted assets in any one
23		issuer;
24		(b) Maximum of 15% of admitted assets in the
25		aggregate;
26		(c) Rating of A3 or higher by Moody's Investors

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1		Service, Inc. or A- or higher by Standard & Poor's
2		Corporation;
3		(d) Maximum maturity of no longer than that 10
4		years;
5		(6) Mutual funds, unit investment trusts, and exchange
6		traded funds, subject to the following conditions:
7		(a) Maximum of 6% of policyholders' surplus in any
8		one balanced or growth mutual fund that invests in
9		common stock;
10		(b) Maximum of 5% of admitted assets in any one
11		bond or income mutual fund or any one non-governmental
12		money market mutual fund;
13		(c) Maximum of 10% of admitted assets in any one
14		governmental money market mutual fund;
15		(d) Maximum of 25% of admitted assets in all mutual
16		funds in the aggregate;
17		(7) Common stock and preferred stock subject to the
18		following conditions:
19		(a) Common stock and preferred stock shall be
20		traded on the New York Stock Exchange or the American
21		Stock Exchange or listed on the National Association of
22		Securities Dealers Automated Quotation (NASDAQ)
23		system;
24		(b) Maximum of 3% of policyholders' surplus in
25		excess of $400,000 in any one common stock or preferred
26		stock issuer provided that the net unearned premium

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1		reserve does not exceed policyholders' surplus;
2		(8) Investments authorized under subdivision (a) of
3		item (6) and subdivision (a) of item (7) of this Section
4		shall not in the aggregate exceed 15% of policyholders'
5		surplus;
6		(9) Funds on deposit in solvent banks and savings and
7		loan associations which are insured by the Federal Deposit
8		Insurance Corporation; however, the uninsured portion of
9		funds held in any one such bank or association shall not
10		exceed 5% of the company's policyholders' surplus;
11		(10) Real estate for home office building purposes,
12		provided that such investments are approved by the Director
13		of Insurance on the basis of a showing by the company that
14		the company has adequate assets available for such
15		investment and that the proposed acquisition does not
16		exceed the reasonable normal value of such property;
17		(11) Amounts in excess of the investment limitations
18		contained in items (2) through (9) may be allowed, subject
19		to the following conditions:
20		(a) Maximum additional investment of 3% of
21		admitted assets in any one issuer;
22		(b) Maximum additional investment of 6% of
23		admitted assets in the aggregate.
24		An investment that qualified under this Section at the time
25		it was acquired by the company shall continue to qualify under
26		this Section.

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1		Investments permitted under this Section shall be
2		registered in the name of the company and under its direct
3		control or shall be held in a custodial account with a bank or
4		trust company that is qualified to administer trusts in
5		Illinois under the Corporate Fiduciary Act and that has an
6		office in Illinois. However, securities may be held in street
7		form and in the custody of a licensed dealer for a period not
8		to exceed 30 days.
9		Notwithstanding the provisions of this Act, the Director
10		may, after notice and hearing, order a company to limit or
11		withdraw from certain investments or discontinue certain
12		investments or investment practices to the extent the Director
13		finds those investments or investment practices endanger the
14		solvency of the company.
15		(Source: P.A. 98-823, eff. 1-1-15; revised 9-2-16.)
16		Section 435. The Health Maintenance Organization Act is
17		amended by changing Section 4-10 as follows:
18		(215 ILCS 125/4-10) (from Ch. 111 1/2, par. 1409.3)
19		Sec. 4-10. Medical necessity; dispute resolution;
20		independent second opinion. (a) Medical Necessity - Dispute
21		Resolution-Independent Second Opinion. Each Health Maintenance
22		Organization shall provide a mechanism for the timely review by
23		a physician holding the same class of license as the primary
24		care physician, who is unaffiliated with the Health Maintenance

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1		Organization, jointly selected by the patient (or the patient's
2		next of kin or legal representative if the patient is unable to
3		act for himself), primary care physician and the Health
4		Maintenance Organization in the event of a dispute between the
5		primary care physician and the Health Maintenance Organization
6		regarding the medical necessity of a covered service proposed
7		by a primary care physician. In the event that the reviewing
8		physician determines the covered service to be medically
9		necessary, the Health Maintenance Organization shall provide
10		the covered service. Future contractual or employment action by
11		the Health Maintenance Organization regarding the primary care
12		physician shall not be based solely on the physician's
13		participation in this procedure.
14		(Source: P.A. 85-20; 85-850; revised 10-5-16.)
15		Section 440. The Limited Health Service Organization Act is
16		amended by changing Sections 4003 and 4006 as follows:
17		(215 ILCS 130/4003) (from Ch. 73, par. 1504-3)
18		Sec. 4003. Illinois Insurance Code provisions. Limited
19		health service organizations shall be subject to the provisions
20		of Sections 133, 134, 136, 137, 139, 140, 141.1, 141.2, 141.3,
21		143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 154.6,
22		154.7, 154.8, 155.04, 155.37, 355.2, 355.3, 355b, 356v,
23		356z.10, 356z.21, 356z.22, 368a, 401, 401.1, 402, 403, 403A,
24		408, 408.2, 409, 412, 444, and 444.1 and Articles IIA, VIII

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1		1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the
2		Illinois Insurance Code. For purposes of the Illinois Insurance
3		Code, except for Sections 444 and 444.1 and Articles XIII and
4		XIII 1/2, limited health service organizations in the following
5		categories are deemed to be domestic companies:
6		(1) a corporation under the laws of this State; or
7		(2) a corporation organized under the laws of another
8		state, 30% or of more of the enrollees of which are
9		residents of this State, except a corporation subject to
10		substantially the same requirements in its state of
11		organization as is a domestic company under Article VIII
12		1/2 of the Illinois Insurance Code.
13		(Source: P.A. 97-486, eff. 1-1-12; 97-592, 1-1-12; 97-805, eff.
14		1-1-13; 97-813, eff. 7-13-12; 98-189, eff. 1-1-14; 98-1091,
15		eff. 1-1-15; revised 10-5-16.)
16		(215 ILCS 130/4006) (from Ch. 73, par. 1504-6)
17		Sec. 4006. Supervision of rehabilitation, liquidation or
18		conservation by the Director.
19		(a) For purposes of the rehabilitation, liquidation or
20		conservation of a limited health service organization, the
21		operation of a limited health service organization in this
22		State constitutes a form of insurance protection which should
23		be governed by the same provisions governing the
24		rehabilitation, liquidation or conservation of insurance
25		companies. Any rehabilitation, liquidation or conservation of

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1		a limited health service organization shall be based upon the
2		grounds set forth in and subject to the provisions of the laws
3		of this State regarding the rehabilitation, liquidation or
4		conservation of an insurance company and shall be conducted
5		under the supervision of the Director. Insolvency, as a ground
6		for rehabilitation, liquidation or conservation of a limited
7		health service organization, shall be recognized when a limited
8		health service organization cannot be expected to satisfy its
9		financial obligations when such obligations are to become due
10		or when the limited health service organization has neglected
11		to correct, within the time prescribed by subsection (c) of
12		Section 2004, a deficiency occurring due to such organization's
13		prescribed minimum net worth being impaired. For purpose of
14		determining the priority of distribution of general assets,
15		claims of enrollees and enrollees' beneficiaries shall have the
16		same priority as established by Section 205 of the Illinois
17		Insurance Code, for policyholders and beneficiaries of
18		insureds of insurance companies. If an enrollee is liable to
19		any provider for services provided pursuant to and covered by
20		the limited health care plan, that liability shall have the
21		status of an enrollee claim for distribution of general assets.
22		Any provider who is obligated by statute or agreement to
23		hold enrollees harmless from liability for services provided
24		pursuant to and covered by a limited health care plan shall
25		have a priority of distribution of the general assets
26		immediately following that of enrollees and enrollees'

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1		beneficiaries as described herein, and immediately preceding
2		the priority of distribution described in paragraph (e) of
3		subsection (1) of Section 205 of the Illinois Insurance Code.
4		(b) For purposes of Articles XIII and XIII 1/2 of the
5		Illinois Insurance Code, organizations in the following
6		categories shall be deemed to be a domestic company and a
7		domiciliary company:
8		(1) a corporation organized under the laws of this
9		State; or
10		(2) a corporation organized under the laws of another
11		state, 20% or more of the enrollees of which are residents
12		of this State, except where such a corporation is, in its
13		state of incorporation, subject to rehabilitation,
14		liquidation and conservation under the laws relating to
15		insurance companies.
16		(Source: P.A. 89-206, eff. 7-21-95; revised 10-5-16.)
17		Section 445. The Viatical Settlements Act of 2009 is
18		amended by changing Section 15 as follows:
19		(215 ILCS 159/15)
20		Sec. 15. License revocation for viatical settlement
21		providers.
22		(a) The Director may refuse to issue or renew or may
23		suspend or revoke the license of any viatical settlement
24		provider if the Director finds any of the following:

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1		(1) there was any material misrepresentation in the
2		application for the license;
3		(2) the viatical settlement provider or any officer,
4		partner, member, or controlling person uses fraudulent or
5		dishonest practices or is otherwise shown to be
6		untrustworthy, incompetent, or financially irresponsible
7		in this State or elsewhere;
8		(3) the viatical settlement provider demonstrates a
9		pattern of unreasonable payments to viators;
10		(4) the viatical settlement provider or any officer,
11		partner, member, or controlling person has violated any
12		insurance laws or any rule, subpoena, or order of the
13		Director or of another state's chief insurance regulatory
14		official or is subject to a final administrative action
15		brought by the Director or by the Illinois Secretary of
16		State or by another state's chief insurance regulatory
17		official or chief securities regulatory official;
18		(5) the viatical settlement provider has used a
19		viatical settlement contract that has not been approved
20		pursuant to this Act;
21		(6) the viatical settlement provider has failed to
22		honor contractual obligations set out in a viatical
23		settlement contract;
24		(7) the viatical settlement provider no longer meets
25		the requirements for initial licensure;
26		(8) the viatical settlement provider has assigned,

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1		transferred, or pledged a purchased policy to a person
2		other than a viatical settlement provider licensed in this
3		State, a viatical settlement purchaser, a financing
4		entity, a special purpose entity, or a related provider
5		trust; or
6		(9) the viatical settlement provider or any officer,
7		partner, member, or controlling person of the viatical
8		settlement provider has violated any of the provisions of
9		this Act.
10		(b) If the Director denies a viatical settlement provider
11		license application or suspends, revokes, or refuses to renew
12		the license of a viatical settlement provider, the Director
13		shall notify the applicant or viatical settlement provider and
14		advise, in writing, the applicant or viatical settlement
15		provider of the reason for the suspension, revocation, denial,
16		or nonrenewal of the applicant's or licensee's license. The
17		applicant or viatical settlement provider may make a written
18		demand upon the Director within 30 days after the date of
19		mailing for a hearing before the Director to determine the
20		reasonableness of the Director's action. The hearing must be
21		held within not fewer than 20 days nor more than 30 days after
22		the mailing of the notice of hearing and shall be held in
23		accordance with the Illinois Administrative Procedure Act and
24		50 Ill. Adm. Code 2402 Section 2402 of Chapter 50 of the
25		Illinois Administrative Code.
26		(Source: P.A. 96-736, eff. 7-1-10; revised 9-13-16.)

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1		Section 450. The Public Utilities Act is amended by
2		changing Section 13-703 as follows:
3		(220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
4		(Section scheduled to be repealed on July 1, 2017)
5		Sec. 13-703. (a) The Commission shall design and implement
6		a program whereby each telecommunications carrier providing
7		local exchange service shall provide a telecommunications
8		device capable of servicing the needs of those persons with a
9		hearing or speech disability together with a single party line,
10		at no charge additional to the basic exchange rate, to any
11		subscriber who is certified as having a hearing or speech
12		disability by a hearing care professional, as defined in the
13		Hearing Instrument Consumer Protection Act, a speech-language
14		pathologist, or a qualified State agency and to any subscriber
15		which is an organization serving the needs of those persons
16		with a hearing or speech disability as determined and specified
17		by the Commission pursuant to subsection (d).
18		(b) The Commission shall design and implement a program,
19		whereby each telecommunications carrier providing local
20		exchange service shall provide a telecommunications relay
21		system, using third party intervention to connect those persons
22		having a hearing or speech disability with persons of normal
23		hearing by way of intercommunications devices and the telephone
24		system, making available reasonable access to all phases of

HB3855 Engrossed - 731 - LRB100 05985 AMC 16014 b
1		public telephone service to persons who have a hearing or
2		speech disability. In order to design a telecommunications
3		relay system which will meet the requirements of those persons
4		with a hearing or speech disability available at a reasonable
5		cost, the Commission shall initiate an investigation and
6		conduct public hearings to determine the most cost-effective
7		method of providing telecommunications relay service to those
8		persons who have a hearing or speech disability when using
9		telecommunications devices and therein solicit the advice,
10		counsel, and physical assistance of Statewide nonprofit
11		consumer organizations that serve persons with hearing or
12		speech disabilities in such hearings and during the development
13		and implementation of the system. The Commission shall phase in
14		this program, on a geographical basis, as soon as is
15		practicable, but no later than June 30, 1990.
16		(c) The Commission shall establish a competitively neutral
17		rate recovery mechanism that establishes charges in an amount
18		to be determined by the Commission for each line of a
19		subscriber to allow telecommunications carriers providing
20		local exchange service to recover costs as they are incurred
21		under this Section. Beginning no later than April 1, 2016, and
22		on a yearly basis thereafter, the Commission shall initiate a
23		proceeding to establish the competitively neutral amount to be
24		charged or assessed to subscribers of telecommunications
25		carriers and wireless carriers, Interconnected VoIP service
26		providers, and consumers of prepaid wireless

HB3855 Engrossed - 732 - LRB100 05985 AMC 16014 b
1		telecommunications service in a manner consistent with this
2		subsection (c) and subsection (f) of this Section. The
3		Commission shall issue its order establishing the
4		competitively neutral amount to be charged or assessed to
5		subscribers of telecommunications carriers and wireless
6		carriers, Interconnected VoIP service providers, and
7		purchasers of prepaid wireless telecommunications service on
8		or prior to June 1 of each year, and such amount shall take
9		effect June 1 of each year.
10		Telecommunications carriers, wireless carriers,
11		Interconnected VoIP service providers, and sellers of prepaid
12		wireless telecommunications service shall have 60 days from the
13		date the Commission files its order to implement the new rate
14		established by the order.
15		(d) The Commission shall determine and specify those
16		organizations serving the needs of those persons having a
17		hearing or speech disability that shall receive a
18		telecommunications device and in which offices the equipment
19		shall be installed in the case of an organization having more
20		than one office. For the purposes of this Section,
21		"organizations serving the needs of those persons with hearing
22		or speech disabilities" means centers for independent living as
23		described in Section 12a of the Rehabilitation of Persons with
24		Disabilities Act and not-for-profit organizations whose
25		primary purpose is serving the needs of those persons with
26		hearing or speech disabilities. The Commission shall direct the

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1		telecommunications carriers subject to its jurisdiction and
2		this Section to comply with its determinations and
3		specifications in this regard.
4		(e) As used in this Section:
5		"Prepaid wireless telecommunications service" has the
6		meaning given to that term under Section 10 of the Prepaid
7		Wireless 9-1-1 Surcharge Act.
8		"Retail transaction" has the meaning given to that term
9		under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
10		"Seller" has the meaning given to that term under Section
11		10 of the Prepaid Wireless 9-1-1 Surcharge Act.
12		"Telecommunications carrier providing local exchange
13		service" includes, without otherwise limiting the meaning of
14		the term, telecommunications carriers which are purely mutual
15		concerns, having no rates or charges for services, but paying
16		the operating expenses by assessment upon the members of such a
17		company and no other person.
18		"Wireless carrier" has the meaning given to that term under
19		Section 10 of the Wireless Emergency Telephone Safety Act.
20		(f) Interconnected VoIP service providers, sellers of
21		prepaid wireless telecommunications service, and wireless
22		carriers in Illinois shall collect and remit assessments
23		determined in accordance with this Section in a competitively
24		neutral manner in the same manner as a telecommunications
25		carrier providing local exchange service. However, the
26		assessment imposed on consumers of prepaid wireless

HB3855 Engrossed - 734 - LRB100 05985 AMC 16014 b
1		telecommunications service shall be collected by the seller
2		from the consumer and imposed per retail transaction as a
3		percentage of that retail transaction on all retail
4		transactions occurring in this State. The assessment on
5		subscribers of wireless carriers and consumers of prepaid
6		wireless telecommunications service shall not be imposed or
7		collected prior to June 1, 2016.
8		Sellers of prepaid wireless telecommunications service
9		shall remit the assessments to the Department of Revenue on the
10		same form and in the same manner which they remit the fee
11		collected under the Prepaid Wireless 9-1-1 Surcharge Act. For
12		the purposes of display on the consumers' receipts, the rates
13		of the fee collected under the Prepaid Wireless 9-1-1 Surcharge
14		Act and the assessment under this Section may be combined. In
15		administration and enforcement of this Section, the provisions
16		of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge
17		Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of
18		Section 15 and subsections (c) and (e) of Section 20 of the
19		Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015
20		(the effective date of Public Act 99-6), the seller shall be
21		permitted to deduct and retain 3% of the assessments that are
22		collected by the seller from consumers and that are remitted
23		and timely filed with the Department) that are not inconsistent
24		with this Section, shall apply, as far as practicable, to the
25		subject matter of this Section to the same extent as if those
26		provisions were included in this Section. The Department shall

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1		deposit all assessments and penalties collected under this
2		Section into the Illinois Telecommunications Access
3		Corporation Fund, a special fund created in the State treasury.
4		On or before the 25th day of each calendar month, the
5		Department shall prepare and certify to the Comptroller the
6		amount available to the Commission for distribution out of the
7		Illinois Telecommunications Access Corporation Fund. The
8		amount certified shall be the amount (not including credit
9		memoranda) collected during the second preceding calendar
10		month by the Department, plus an amount the Department
11		determines is necessary to offset any amounts which were
12		erroneously paid to a different taxing body or fund. The amount
13		paid to the Illinois Telecommunications Access Corporation
14		Fund shall not include any amount equal to the amount of
15		refunds made during the second preceding calendar month by the
16		Department to retailers under this Section or any amount that
17		the Department determines is necessary to offset any amounts
18		which were payable to a different taxing body or fund but were
19		erroneously paid to the Illinois Telecommunications Access
20		Corporation Fund. The Commission shall distribute all the funds
21		to the Illinois Telecommunications Access Corporation and the
22		funds may only be used in accordance with the provisions of
23		this Section. The Department shall deduct 2% of all amounts
24		deposited in the Illinois Telecommunications Access
25		Corporation Fund during every year of remitted assessments. Of
26		the 2% deducted by the Department, one-half shall be

HB3855 Engrossed - 736 - LRB100 05985 AMC 16014 b
1		transferred into the Tax Compliance and Administration Fund to
2		reimburse the Department for its direct costs of administering
3		the collection and remittance of the assessment. The remaining
4		one-half shall be transferred into the Public Utilities Fund to
5		reimburse the Commission for its costs of distributing to the
6		Illinois Telecommunications Access Corporation the amount
7		certified by the Department for distribution. The amount to be
8		charged or assessed under subsections (c) and (f) is not
9		imposed on a provider or the consumer for wireless Lifeline
10		service where the consumer does not pay the provider for the
11		service. Where the consumer purchases from the provider
12		optional minutes, texts, or other services in addition to the
13		federally funded Lifeline benefit, a consumer must pay the
14		charge or assessment, and it must be collected by the seller
15		according to this subsection (f).
16		Interconnected VoIP services shall not be considered an
17		intrastate telecommunications service for the purposes of this
18		Section in a manner inconsistent with federal law or Federal
19		Communications Commission regulation.
20		(g) The provisions of this Section are severable under
21		Section 1.31 of the Statute on Statutes.
22		(h) The Commission may adopt rules necessary to implement
23		this Section.
24		(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; 99-642,
25		eff. 7-28-16; 99-847, eff. 8-19-16; revised 10-25-16.)

HB3855 Engrossed - 737 - LRB100 05985 AMC 16014 b
1		Section 455. The Child Care Act of 1969 is amended by
2		changing Sections 2.09, 7, and 14.6 as follows:
3		(225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)
4		Sec. 2.09. "Day care center" means any child care facility
5		which regularly provides day care for less than 24 hours per
6		day for (1) more than 8 children in a family home, or (2) more
7		than 3 children in a facility other than a family home,
8		including senior citizen buildings.
9		The term does not include:
10		(a) programs operated by (i) public or private
11		elementary school systems or secondary level school units
12		or institutions of higher learning that serve children who
13		shall have attained the age of 3 years or (ii) private
14		entities on the grounds of public or private elementary or
15		secondary schools and that serve children who have attained
16		the age of 3 years, except that this exception applies only
17		to the facility and not to the private entities' personnel
18		operating the program;
19		(b) programs or that portion of the program which
20		serves children who shall have attained the age of 3 years
21		and which are recognized by the State Board of Education;
22		(c) educational program or programs serving children
23		who shall have attained the age of 3 years and which are
24		operated by a school which is registered with the State
25		Board of Education and which is recognized or accredited by

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1		a recognized national or multistate educational
2		organization or association which regularly recognizes or
3		accredits schools;
4		(d) programs which exclusively serve or that portion of
5		the program which serves children with disabilities who
6		shall have attained the age of 3 years but are less than 21
7		years of age and which are registered and approved as
8		meeting standards of the State Board of Education and
9		applicable fire marshal standards;
10		(e) facilities operated in connection with a shopping
11		center or service, religious services, or other similar
12		facility, where transient children are cared for
13		temporarily while parents or custodians of the children are
14		occupied on the premises and readily available;
15		(f) any type of day care center that is conducted on
16		federal government premises;
17		(g) special activities programs, including athletics,
18		crafts instruction, and similar activities conducted on an
19		organized and periodic basis by civic, charitable and
20		governmental organizations;
21		(h) part day child care facilities, as defined in
22		Section 2.10 of this Act;
23		(i) programs or that portion of the program which:
24		(1) serves children who shall have attained the age
25		of 3 years; ,
26		(2) is operated by churches or religious

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1		institutions as described in Section 501(c)(3) of the
2		federal Internal Revenue Code; ,
3		(3) receives no governmental aid; ,
4		(4) is operated as a component of a religious,
5		nonprofit elementary school; ,
6		(5) operates primarily to provide religious
7		education; , and
8		(6) meets appropriate State or local health and
9		fire safety standards; or
10		(j) programs or portions of programs that:
11		(1) serve only school-age children and youth
12		(defined as full-time kindergarten children, as
13		defined in 89 Ill. Adm. Code 407.45, or older); ,
14		(2) are organized to promote childhood learning,
15		child and youth development, educational or
16		recreational activities, or character-building; ,
17		(3) operate primarily during out-of-school time or
18		at times when school is not normally in session; ,
19		(4) comply with the standards of the Illinois
20		Department of Public Health (77 Ill. Adm. Code 750) or
21		the local health department, the Illinois State Fire
22		Marshal (41 Ill. Adm. Code 100), and the following
23		additional health and safety requirements: procedures
24		for employee and volunteer emergency preparedness and
25		practice drills; procedures to ensure that first aid
26		kits are maintained and ready to use; the placement of

HB3855 Engrossed - 740 - LRB100 05985 AMC 16014 b
1		a minimum level of liability insurance as determined by
2		the Department; procedures for the availability of a
3		working telephone that is onsite and accessible at all
4		times; procedures to ensure that emergency phone
5		numbers are posted onsite; and a restriction on handgun
6		or weapon possession onsite, except if possessed by a
7		peace officer; ,
8		(5) perform and maintain authorization and results
9		of criminal history checks through the Illinois State
10		Police and FBI and checks of the Illinois Sex Offender
11		Registry, the National Sex Offender Registry, and
12		Child Abuse and Neglect Tracking System for employees
13		and volunteers who work directly with children; ,
14		(6) make hiring decisions in accordance with the
15		prohibitions against barrier crimes as specified in
16		Section 4.2 of this Act or in Section 21B-80 of the
17		School Code; ,
18		(7) provide parents with written disclosure that
19		the operations of the program are not regulated by
20		licensing requirements; , and
21		(8) obtain and maintain records showing the first
22		and last name and date of birth of the child, name,
23		address, and telephone number of each parent,
24		emergency contact information, and written
25		authorization for medical care.
26		Programs or portions of programs requesting Child Care

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1		Assistance Program (CCAP) funding and otherwise meeting the
2		requirements under item (j) shall request exemption from the
3		Department and be determined exempt prior to receiving funding
4		and must annually meet the eligibility requirements and be
5		appropriate for payment under the CCAP.
6		Programs or portions of programs under item (j) that do not
7		receive State or federal funds must comply with staff
8		qualification and training standards established by rule by the
9		Department of Human Services. The Department of Human Services
10		shall set such standards after review of Afterschool for
11		Children and Teens Now (ACT Now) evidence-based quality
12		standards developed for school-age out-of-school time
13		programs, feedback from the school-age out-of-school time
14		program professionals, and review of out-of-school time
15		professional development frameworks and quality tools.
16		Out-of-school time programs for school-age youth that
17		receive State or federal funds must comply with only those
18		staff qualifications and training standards set for the program
19		by the State or federal entity issuing the funds.
20		For purposes of items (a), (b), (c), (d), and (i) of this
21		Section, "children who shall have attained the age of 3 years"
22		shall mean children who are 3 years of age, but less than 4
23		years of age, at the time of enrollment in the program.
24		(Source: P.A. 99-143, eff. 7-27-15; 99-699, eff. 7-29-16;
25		revised 10-27-16.)

HB3855 Engrossed - 742 - LRB100 05985 AMC 16014 b
1		(225 ILCS 10/7) (from Ch. 23, par. 2217)
2		Sec. 7. (a) The Department must prescribe and publish
3		minimum standards for licensing that apply to the various types
4		of facilities for child care defined in this Act and that are
5		equally applicable to like institutions under the control of
6		the Department and to foster family homes used by and under the
7		direct supervision of the Department. The Department shall seek
8		the advice and assistance of persons representative of the
9		various types of child care facilities in establishing such
10		standards. The standards prescribed and published under this
11		Act take effect as provided in the Illinois Administrative
12		Procedure Act, and are restricted to regulations pertaining to
13		the following matters and to any rules and regulations required
14		or permitted by any other Section of this Act:
15		(1) The operation and conduct of the facility and
16		responsibility it assumes for child care;
17		(2) The character, suitability and qualifications of
18		the applicant and other persons directly responsible for
19		the care and welfare of children served. All child day care
20		center licensees and employees who are required to report
21		child abuse or neglect under the Abused and Neglected Child
22		Reporting Act shall be required to attend training on
23		recognizing child abuse and neglect, as prescribed by
24		Department rules;
25		(3) The general financial ability and competence of the
26		applicant to provide necessary care for children and to

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1		maintain prescribed standards;
2		(4) The number of individuals or staff required to
3		insure adequate supervision and care of the children
4		received. The standards shall provide that each child care
5		institution, maternity center, day care center, group
6		home, day care home, and group day care home shall have on
7		its premises during its hours of operation at least one
8		staff member certified in first aid, in the Heimlich
9		maneuver and in cardiopulmonary resuscitation by the
10		American Red Cross or other organization approved by rule
11		of the Department. Child welfare agencies shall not be
12		subject to such a staffing requirement. The Department may
13		offer, or arrange for the offering, on a periodic basis in
14		each community in this State in cooperation with the
15		American Red Cross, the American Heart Association or other
16		appropriate organization, voluntary programs to train
17		operators of foster family homes and day care homes in
18		first aid and cardiopulmonary resuscitation;
19		(5) The appropriateness, safety, cleanliness, and
20		general adequacy of the premises, including maintenance of
21		adequate fire prevention and health standards conforming
22		to State laws and municipal codes to provide for the
23		physical comfort, care, and well-being of children
24		received;
25		(6) Provisions for food, clothing, educational
26		opportunities, program, equipment and individual supplies

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1		to assure the healthy physical, mental, and spiritual
2		development of children served;
3		(7) Provisions to safeguard the legal rights of
4		children served;
5		(8) Maintenance of records pertaining to the
6		admission, progress, health, and discharge of children,
7		including, for day care centers and day care homes, records
8		indicating each child has been immunized as required by
9		State regulations. The Department shall require proof that
10		children enrolled in a facility have been immunized against
11		Haemophilus Influenzae B (HIB);
12		(9) Filing of reports with the Department;
13		(10) Discipline of children;
14		(11) Protection and fostering of the particular
15		religious faith of the children served;
16		(12) Provisions prohibiting firearms on day care
17		center premises except in the possession of peace officers;
18		(13) Provisions prohibiting handguns on day care home
19		premises except in the possession of peace officers or
20		other adults who must possess a handgun as a condition of
21		employment and who reside on the premises of a day care
22		home;
23		(14) Provisions requiring that any firearm permitted
24		on day care home premises, except handguns in the
25		possession of peace officers, shall be kept in a
26		disassembled state, without ammunition, in locked storage,

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1		inaccessible to children and that ammunition permitted on
2		day care home premises shall be kept in locked storage
3		separate from that of disassembled firearms, inaccessible
4		to children;
5		(15) Provisions requiring notification of parents or
6		guardians enrolling children at a day care home of the
7		presence in the day care home of any firearms and
8		ammunition and of the arrangements for the separate, locked
9		storage of such firearms and ammunition; and
10		(16) Provisions requiring all licensed child care
11		facility employees who care for newborns and infants to
12		complete training every 3 years on the nature of sudden
13		unexpected infant death (SUID), sudden infant death
14		syndrome (SIDS), and the safe sleep recommendations of the
15		American Academy of Pediatrics; and .
16		(17) With respect to foster family homes, provisions
17		requiring the Department to review quality of care concerns
18		and to consider those concerns in determining whether a
19		foster family home is qualified to care for children.
20		(b) If, in a facility for general child care, there are
21		children diagnosed as mentally ill or children diagnosed as
22		having an intellectual or physical disability, who are
23		determined to be in need of special mental treatment or of
24		nursing care, or both mental treatment and nursing care, the
25		Department shall seek the advice and recommendation of the
26		Department of Human Services, the Department of Public Health,

HB3855 Engrossed - 746 - LRB100 05985 AMC 16014 b
1		or both Departments regarding the residential treatment and
2		nursing care provided by the institution.
3		(c) The Department shall investigate any person applying to
4		be licensed as a foster parent to determine whether there is
5		any evidence of current drug or alcohol abuse in the
6		prospective foster family. The Department shall not license a
7		person as a foster parent if drug or alcohol abuse has been
8		identified in the foster family or if a reasonable suspicion of
9		such abuse exists, except that the Department may grant a
10		foster parent license to an applicant identified with an
11		alcohol or drug problem if the applicant has successfully
12		participated in an alcohol or drug treatment program, self-help
13		group, or other suitable activities and if the Department
14		determines that the foster family home can provide a safe,
15		appropriate environment and meet the physical and emotional
16		needs of children.
17		(d) The Department, in applying standards prescribed and
18		published, as herein provided, shall offer consultation
19		through employed staff or other qualified persons to assist
20		applicants and licensees in meeting and maintaining minimum
21		requirements for a license and to help them otherwise to
22		achieve programs of excellence related to the care of children
23		served. Such consultation shall include providing information
24		concerning education and training in early childhood
25		development to providers of day care home services. The
26		Department may provide or arrange for such education and

HB3855 Engrossed - 747 - LRB100 05985 AMC 16014 b
1		training for those providers who request such assistance.
2		(e) The Department shall distribute copies of licensing
3		standards to all licensees and applicants for a license. Each
4		licensee or holder of a permit shall distribute copies of the
5		appropriate licensing standards and any other information
6		required by the Department to child care facilities under its
7		supervision. Each licensee or holder of a permit shall maintain
8		appropriate documentation of the distribution of the
9		standards. Such documentation shall be part of the records of
10		the facility and subject to inspection by authorized
11		representatives of the Department.
12		(f) The Department shall prepare summaries of day care
13		licensing standards. Each licensee or holder of a permit for a
14		day care facility shall distribute a copy of the appropriate
15		summary and any other information required by the Department,
16		to the legal guardian of each child cared for in that facility
17		at the time when the child is enrolled or initially placed in
18		the facility. The licensee or holder of a permit for a day care
19		facility shall secure appropriate documentation of the
20		distribution of the summary and brochure. Such documentation
21		shall be a part of the records of the facility and subject to
22		inspection by an authorized representative of the Department.
23		(g) The Department shall distribute to each licensee and
24		holder of a permit copies of the licensing or permit standards
25		applicable to such person's facility. Each licensee or holder
26		of a permit shall make available by posting at all times in a

HB3855 Engrossed - 748 - LRB100 05985 AMC 16014 b
1		common or otherwise accessible area a complete and current set
2		of licensing standards in order that all employees of the
3		facility may have unrestricted access to such standards. All
4		employees of the facility shall have reviewed the standards and
5		any subsequent changes. Each licensee or holder of a permit
6		shall maintain appropriate documentation of the current review
7		of licensing standards by all employees. Such records shall be
8		part of the records of the facility and subject to inspection
9		by authorized representatives of the Department.
10		(h) Any standards involving physical examinations,
11		immunization, or medical treatment shall include appropriate
12		exemptions for children whose parents object thereto on the
13		grounds that they conflict with the tenets and practices of a
14		recognized church or religious organization, of which the
15		parent is an adherent or member, and for children who should
16		not be subjected to immunization for clinical reasons.
17		(i) The Department, in cooperation with the Department of
18		Public Health, shall work to increase immunization awareness
19		and participation among parents of children enrolled in day
20		care centers and day care homes by publishing on the
21		Department's website information about the benefits of
22		immunization against vaccine preventable diseases, including
23		influenza and pertussis. The information for vaccine
24		preventable diseases shall include the incidence and severity
25		of the diseases, the availability of vaccines, and the
26		importance of immunizing children and persons who frequently

HB3855 Engrossed - 749 - LRB100 05985 AMC 16014 b
1		have close contact with children. The website content shall be
2		reviewed annually in collaboration with the Department of
3		Public Health to reflect the most current recommendations of
4		the Advisory Committee on Immunization Practices (ACIP). The
5		Department shall work with day care centers and day care homes
6		licensed under this Act to ensure that the information is
7		annually distributed to parents in August or September.
8		(j) Any standard adopted by the Department that requires an
9		applicant for a license to operate a day care home to include a
10		copy of a high school diploma or equivalent certificate with
11		his or her application shall be deemed to be satisfied if the
12		applicant includes a copy of a high school diploma or
13		equivalent certificate or a copy of a degree from an accredited
14		institution of higher education or vocational institution or
15		equivalent certificate.
16		(Source: P.A. 98-817, eff. 1-1-15; 99-143, eff. 7-27-15;
17		99-779, eff. 1-1-17; revised 10-27-16.)
18		(225 ILCS 10/14.6)
19		Sec. 14.6. Agency payment of salaries or other
20		compensation.
21		(a) A licensed child welfare agency may pay salaries or
22		other compensation to its officers, employees, agents,
23		contractors, or any other persons acting on its behalf for
24		providing adoption services, provided that all of the following
25		limitations apply:

HB3855 Engrossed - 750 - LRB100 05985 AMC 16014 b
1		(1) The fees, wages, salaries, or other compensation of
2		any description paid to the officers, employees,
3		contractors, or any other person acting on behalf of a
4		child welfare agency providing adoption services shall not
5		be unreasonably high in relation to the services actually
6		rendered. Every form of compensation shall be taken into
7		account in determining whether fees, wages, salaries, or
8		compensation are unreasonably high, including, but not
9		limited to, salary, bonuses, deferred and non-cash
10		compensation, retirement funds, medical and liability
11		insurance, loans, and other benefits such as the use,
12		purchase, or lease of vehicles, expense accounts, and food,
13		housing, and clothing allowances.
14		(2) Any earnings, if applicable, or compensation paid
15		to the child welfare agency's directors, stockholders, or
16		members of its governing body shall not be unreasonably
17		high in relation to the services rendered.
18		(3) Persons providing adoption services for a child
19		welfare agency may be compensated only for services
20		actually rendered and only on a fee-for-service, hourly
21		wage, or salary basis.
22		(b) The Department may adopt rules setting forth the
23		criteria to determine what constitutes unreasonably high fees
24		and compensation as those terms are used in this Section. In
25		determining the reasonableness of fees, wages, salaries, and
26		compensation under paragraphs (1) and (2) of subsection (a) of

HB3855 Engrossed - 751 - LRB100 05985 AMC 16014 b
1		this Section, the Department shall take into account the
2		location, number, and qualifications of staff, workload
3		requirements, budget, and size of the agency or person and
4		available norms for compensation within the adoption
5		community. Every licensed child welfare agency providing
6		adoption services shall provide the Department and the Attorney
7		General with a report, on an annual basis, providing a
8		description of the fees, wages, salaries and other compensation
9		described in paragraphs (1), (2), and (3) of subsection (a) of
10		this Section. Nothing in Section 12C-70 of the Criminal Code of
11		2012 shall be construed to prevent a child welfare agency from
12		charging fees or the payment of salaries and compensation as
13		limited in this Section and any applicable Section of this Act
14		or the Adoption Act.
15		(c) This Section does not apply to international adoption
16		services performed by those child welfare agencies governed by
17		the 1993 Hague Convention on Protection of Children and
18		Cooperation in Respect of Intercountry Adoption and the
19		Intercountry Adoption Act of 2000.
20		(d) Eligible agencies may be deemed compliant with this
21		Section.
22		(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
23		revised 9-14-16.)
24		Section 460. The Clinical Social Work and Social Work
25		Practice Act is amended by changing Section 3 as follows:

HB3855 Engrossed - 752 - LRB100 05985 AMC 16014 b
1		(225 ILCS 20/3) (from Ch. 111, par. 6353)
2		(Section scheduled to be repealed on January 1, 2018)
3		Sec. 3. Definitions. : The following words and phrases shall
4		have the meanings ascribed to them in this Section unless the
5		context clearly indicates otherwise:
6		1. "Department" means the Department of Financial and
7		Professional Regulation.
8		2. "Secretary" means the Secretary of Financial and
9		Professional Regulation.
10		3. "Board" means the Social Work Examining and Disciplinary
11		Board.
12		4. "Licensed Clinical Social Worker" means a person who
13		holds a license authorizing the independent practice of
14		clinical social work in Illinois under the auspices of an
15		employer or in private practice or under the auspices of public
16		human service agencies or private, nonprofit agencies
17		providing publicly sponsored human services.
18		5. "Clinical social work practice" means the providing of
19		mental health services for the evaluation, treatment, and
20		prevention of mental and emotional disorders in individuals,
21		families, and groups based on knowledge and theory of
22		professionally accepted theoretical structures, including, but
23		not limited to, psychosocial development, behavior,
24		psychopathology, unconscious motivation, interpersonal
25		relationships, and environmental stress.

HB3855 Engrossed - 753 - LRB100 05985 AMC 16014 b
1		6. "Treatment procedures" means among other things,
2		individual, marital, family, and group psychotherapy.
3		7. "Independent practice of clinical social work" means the
4		application of clinical social work knowledge and skills by a
5		licensed clinical social worker who regulates and is
6		responsible for her or his own practice or treatment
7		procedures.
8		8. "License" means that which is required to practice
9		clinical social work or social work under this Act, the
10		qualifications for which include specific education,
11		acceptable experience, and examination requirements.
12		9. "Licensed social worker" means a person who holds a
13		license authorizing the practice of social work, which includes
14		social services to individuals, groups or communities in any
15		one or more of the fields of social casework, social group
16		work, community organization for social welfare, social work
17		research, social welfare administration, or social work
18		education. Social casework and social group work may also
19		include clinical social work, as long as it is not conducted in
20		an independent practice, as defined in this Section.
21		10. "Address of record" means the address recorded by the
22		Department in the applicant's or licensee's application file or
23		license file, as maintained by the Department's licensure
24		maintenance unit.
25		(Source: P.A. 95-687, eff. 10-23-07; revised 9-14-16.)

HB3855 Engrossed - 754 - LRB100 05985 AMC 16014 b
1		Section 465. The Illinois Dental Practice Act is amended by
2		changing Sections 8.1 and 44 as follows:
3		(225 ILCS 25/8.1) (from Ch. 111, par. 2308.1)
4		(Section scheduled to be repealed on January 1, 2026)
5		Sec. 8.1. Permit for the administration of anesthesia and
6		sedation.
7		(a) No licensed dentist shall administer general
8		anesthesia, deep sedation, or conscious sedation without first
9		applying for and obtaining a permit for such purpose from the
10		Department. The Department shall issue such permit only after
11		ascertaining that the applicant possesses the minimum
12		qualifications necessary to protect public safety. A person
13		with a dental degree who administers anesthesia, deep sedation,
14		or conscious sedation in an approved hospital training program
15		under the supervision of either a licensed dentist holding such
16		permit or a physician licensed to practice medicine in all its
17		branches shall not be required to obtain such permit.
18		(b) In determining the minimum permit qualifications that
19		are necessary to protect public safety, the Department, by
20		rule, shall:
21		(1) establish the minimum educational and training
22		requirements necessary for a dentist to be issued an
23		appropriate permit;
24		(2) establish the standards for properly equipped
25		dental facilities (other than licensed hospitals and

HB3855 Engrossed - 755 - LRB100 05985 AMC 16014 b
1		ambulatory surgical treatment centers) in which general
2		anesthesia, deep sedation, or conscious sedation is
3		administered, as necessary to protect public safety;
4		(3) establish minimum requirements for all persons who
5		assist the dentist in the administration of general
6		anesthesia, deep sedation, or conscious sedation,
7		including minimum training requirements for each member of
8		the dental team, monitoring requirements, recordkeeping
9		requirements, and emergency procedures; and
10		(4) ensure that the dentist and all persons assisting
11		the dentist or monitoring the administration of general
12		anesthesia, deep sedation, or conscious sedation maintain
13		current certification in Basic Life Support (BLS); and .
14		(5) establish continuing education requirements in
15		sedation techniques for dentists who possess a permit under
16		this Section.
17		When establishing requirements under this Section, the
18		Department shall consider the current American Dental
19		Association guidelines on sedation and general anesthesia, the
20		current "Guidelines for Monitoring and Management of Pediatric
21		Patients During and After Sedation for Diagnostic and
22		Therapeutic Procedures" established by the American Academy of
23		Pediatrics and the American Academy of Pediatric Dentistry, and
24		the current parameters of care and Office Anesthesia Evaluation
25		(OAE) Manual established by the American Association of Oral
26		and Maxillofacial Surgeons.

HB3855 Engrossed - 756 - LRB100 05985 AMC 16014 b
1		(c) A licensed dentist must hold an appropriate permit
2		issued under this Section in order to perform dentistry while a
3		nurse anesthetist administers conscious sedation, and a valid
4		written collaborative agreement must exist between the dentist
5		and the nurse anesthetist, in accordance with the Nurse
6		Practice Act.
7		A licensed dentist must hold an appropriate permit issued
8		under this Section in order to perform dentistry while a nurse
9		anesthetist administers deep sedation or general anesthesia,
10		and a valid written collaborative agreement must exist between
11		the dentist and the nurse anesthetist, in accordance with the
12		Nurse Practice Act.
13		For the purposes of this subsection (c), "nurse
14		anesthetist" means a licensed certified registered nurse
15		anesthetist who holds a license as an advanced practice nurse.
16		(Source: P.A. 95-399, eff. 1-1-08; 95-639, eff. 1-1-08; 96-328,
17		eff. 8-11-09; revised 10-27-16.)
18		(225 ILCS 25/44) (from Ch. 111, par. 2344)
19		(Section scheduled to be repealed on January 1, 2026)
20		Sec. 44. Practice by corporations prohibited; exceptions
21		prohibited. Exceptions. No corporation shall practice
22		dentistry or engage therein, or hold itself out as being
23		entitled to practice dentistry, or furnish dental services or
24		dentists, or advertise under or assume the title of dentist or
25		dental surgeon or equivalent title, or furnish dental advice

HB3855 Engrossed - 757 - LRB100 05985 AMC 16014 b
1		for any compensation, or advertise or hold itself out with any
2		other person or alone, that it has or owns a dental office or
3		can furnish dental service or dentists, or solicit through
4		itself, or its agents, officers, employees, directors or
5		trustees, dental patronage for any dentist employed by any
6		corporation.
7		Nothing contained in this Act, however, shall:
8		(a) prohibit a corporation from employing a dentist or
9		dentists to render dental services to its employees,
10		provided that such dental services shall be rendered at no
11		cost or charge to the employees;
12		(b) prohibit a corporation or association from
13		providing dental services upon a wholly charitable basis to
14		deserving recipients;
15		(c) prohibit a corporation or association from
16		furnishing information or clerical services which can be
17		furnished by persons not licensed to practice dentistry, to
18		any dentist when such dentist assumes full responsibility
19		for such information or services;
20		(d) prohibit dental corporations as authorized by the
21		Professional Service Corporation Act, dental associations
22		as authorized by the Professional Association Act, or
23		dental limited liability companies as authorized by the
24		Limited Liability Company Act;
25		(e) prohibit dental limited liability partnerships as
26		authorized by the Uniform Partnership Act (1997);

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1		(f) prohibit hospitals, public health clinics,
2		federally qualified health centers, or other entities
3		specified by rule of the Department from providing dental
4		services; or
5		(g) prohibit dental management service organizations
6		from providing non-clinical business services that do not
7		violate the provisions of this Act.
8		Any corporation violating the provisions of this Section is
9		guilty of a Class A misdemeanor and each day that this Act is
10		violated shall be considered a separate offense.
11		If a dental management service organization is responsible
12		for enrolling the dentist as a provider in managed care plans
13		provider networks, it shall provide verification to the managed
14		care provider network regarding whether the provider is
15		accepting new patients at each of the specific locations
16		listing the provider.
17		Nothing in this Section shall void any contractual
18		relationship between the provider and the organization.
19		(Source: P.A. 99-329, eff. 1-1-16; revised 10-27-16.)
20		Section 470. The Environmental Health Practitioner
21		Licensing Act is amended by changing Section 10 as follows:
22		(225 ILCS 37/10)
23		(Section scheduled to be repealed on January 1, 2019)
24		Sec. 10. Definitions. As used in this Act:

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1		"Board" means the Board of Environmental Health
2		Practitioners Board as created in this Act.
3		"Department" means the Department of Professional
4		Regulation.
5		"Director" means the Director of Professional Regulation.
6		"Environmental health inspector" means an individual who,
7		in support of and under the general supervision of a licensed
8		environmental health practitioner or licensed professional
9		engineer, practices environmental health and meets the
10		educational qualifications of an environmental health
11		inspector.
12		"Environmental health practice" is the practice of
13		environmental health by licensed environmental health
14		practitioners within the meaning of this Act and includes, but
15		is not limited to, the following areas of professional
16		activities: milk and food sanitation; protection and
17		regulation of private water supplies; private waste water
18		management; domestic solid waste disposal practices;
19		institutional health and safety; and consultation and
20		education in these fields.
21		"Environmental health practitioner in training" means a
22		person licensed under this Act who meets the educational
23		qualifications of a licensed environmental health practitioner
24		and practices environmental health in support of and under the
25		general supervision of a licensed environmental health
26		practitioner or licensed professional engineer, but has not

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1		passed the licensed environmental health practitioner
2		examination administered by the Department.
3		"License" means the authorization issued by the Department
4		permitting the person named on the authorization to practice
5		environmental health as defined in this Act.
6		"Licensed environmental health practitioner" is a person
7		who, by virtue of education and experience in the physical,
8		chemical, biological, and environmental health sciences, is
9		especially trained to organize, implement, and manage
10		environmental health programs, trained to carry out education
11		and enforcement activities for the promotion and protection of
12		the public health and environment, and is licensed as an
13		environmental health practitioner under this Act.
14		(Source: P.A. 92-837, eff. 8-22-02; revised 10-27-16.)
15		Section 475. The Funeral Directors and Embalmers Licensing
16		Code is amended by changing Section 15-75 as follows:
17		(225 ILCS 41/15-75)
18		(Section scheduled to be repealed on January 1, 2023)
19		Sec. 15-75. Violations; grounds for discipline; penalties.
20		(a) Each of the following acts is a Class A misdemeanor for
21		the first offense, and a Class 4 felony for each subsequent
22		offense. These penalties shall also apply to unlicensed owners
23		of funeral homes.
24		(1) Practicing the profession of funeral directing and

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1		embalming or funeral directing, or attempting to practice
2		the profession of funeral directing and embalming or
3		funeral directing without a license as a funeral director
4		and embalmer or funeral director.
5		(2) Serving or attempting to serve as an intern under a
6		licensed funeral director and embalmer without a license as
7		a licensed funeral director and embalmer intern.
8		(3) Obtaining or attempting to obtain a license,
9		practice or business, or any other thing of value, by fraud
10		or misrepresentation.
11		(4) Permitting any person in one's employ, under one's
12		control or in or under one's service to serve as a funeral
13		director and embalmer, funeral director, or funeral
14		director and embalmer intern when the person does not have
15		the appropriate license.
16		(5) Failing to display a license as required by this
17		Code.
18		(6) Giving false information or making a false oath or
19		affidavit required by this Code.
20		(b) The Department may refuse to issue or renew, revoke,
21		suspend, place on probation or administrative supervision,
22		reprimand, or take other disciplinary or non-disciplinary
23		action as the Department may deem appropriate, including
24		imposing fines not to exceed $10,000 for each violation, with
25		regard to any license under the Code for any one or combination
26		of the following:

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1		(1) Fraud or any misrepresentation in applying for or
2		procuring a license under this Code or in connection with
3		applying for renewal of a license under this Code.
4		(2) For licenses, conviction by plea of guilty or nolo
5		contendere, finding of guilt, jury verdict, or entry of
6		judgment or by sentencing of any crime, including, but not
7		limited to, convictions, preceding sentences of
8		supervision, conditional discharge, or first offender
9		probation, under the laws of any jurisdiction of the United
10		States: (i) that is a felony or (ii) that is a misdemeanor,
11		an essential element of which is dishonesty, or that is
12		directly related to the practice of the profession and, for
13		initial applicants, convictions set forth in Section 15-72
14		of this Act.
15		(3) Violation of the laws of this State relating to the
16		funeral, burial or disposition of deceased human bodies or
17		of the rules and regulations of the Department, or the
18		Department of Public Health.
19		(4) Directly or indirectly paying or causing to be paid
20		any sum of money or other valuable consideration for the
21		securing of business or for obtaining authority to dispose
22		of any deceased human body.
23		(5) Professional incompetence, gross negligence,
24		malpractice, or untrustworthiness in the practice of
25		funeral directing and embalming or funeral directing.
26		(6) (Blank).

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1		(7) Engaging in, promoting, selling, or issuing burial
2		contracts, burial certificates, or burial insurance
3		policies in connection with the profession as a funeral
4		director and embalmer, funeral director, or funeral
5		director and embalmer intern in violation of any laws of
6		the State of Illinois.
7		(8) Refusing, without cause, to surrender the custody
8		of a deceased human body upon the proper request of the
9		person or persons lawfully entitled to the custody of the
10		body.
11		(9) Taking undue advantage of a client or clients as to
12		amount to the perpetration of fraud.
13		(10) Engaging in funeral directing and embalming or
14		funeral directing without a license.
15		(11) Encouraging, requesting, or suggesting by a
16		licensee or some person working on his behalf and with his
17		consent for compensation that a person utilize the services
18		of a certain funeral director and embalmer, funeral
19		director, or funeral establishment unless that information
20		has been expressly requested by the person. This does not
21		prohibit general advertising or pre-need solicitation.
22		(12) Making or causing to be made any false or
23		misleading statements about the laws concerning the
24		disposition of human remains, including, but not limited
25		to, the need to embalm, the need for a casket for cremation
26		or the need for an outer burial container.

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1		(13) (Blank).
2		(14) Embalming or attempting to embalm a deceased human
3		body without express prior authorization of the person
4		responsible for making the funeral arrangements for the
5		body. This does not apply to cases where embalming is
6		directed by local authorities who have jurisdiction or when
7		embalming is required by State or local law. A licensee may
8		embalm without express prior authorization if a good faith
9		effort has been made to contact family members and has been
10		unsuccessful and the licensee has no reason to believe the
11		family opposes embalming.
12		(15) Making a false statement on a Certificate of Death
13		where the person making the statement knew or should have
14		known that the statement was false.
15		(16) Soliciting human bodies after death or while death
16		is imminent.
17		(17) Performing any act or practice that is a violation
18		of this Code, the rules for the administration of this
19		Code, or any federal, State or local laws, rules, or
20		regulations governing the practice of funeral directing or
21		embalming.
22		(18) Performing any act or practice that is a violation
23		of Section 2 of the Consumer Fraud and Deceptive Business
24		Practices Act.
25		(19) Engaging in dishonorable, unethical, or
26		unprofessional conduct of a character likely to deceive,

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1		defraud or harm the public.
2		(20) Taking possession of a dead human body without
3		having first obtained express permission from the person
4		holding the right to control the disposition in accordance
5		with Section 5 of the Disposition of Remains Act or a
6		public agency legally authorized to direct, control or
7		permit the removal of deceased human bodies.
8		(21) Advertising in a false or misleading manner or
9		advertising using the name of an unlicensed person in
10		connection with any service being rendered in the practice
11		of funeral directing or funeral directing and embalming.
12		The use of any name of an unlicensed or unregistered person
13		in an advertisement so as to imply that the person will
14		perform services is considered misleading advertising.
15		Nothing in this paragraph shall prevent including the name
16		of any owner, officer or corporate director of a funeral
17		home, who is not a licensee, in any advertisement used by a
18		funeral home with which the individual is affiliated, if
19		the advertisement specifies the individual's affiliation
20		with the funeral home.
21		(22) Charging for professional services not rendered,
22		including filing false statements for the collection of
23		fees for which services are not rendered.
24		(23) Failing to account for or remit any monies,
25		documents, or personal property that belongs to others that
26		comes into a licensee's possession.

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1		(24) Treating any person differently to his detriment
2		because of race, color, creed, gender, religion, or
3		national origin.
4		(25) Knowingly making any false statements, oral or
5		otherwise, of a character likely to influence, persuade or
6		induce others in the course of performing professional
7		services or activities.
8		(26) Willfully making or filing false records or
9		reports in the practice of funeral directing and embalming,
10		including, but not limited to, false records filed with
11		State agencies or departments.
12		(27) Failing to acquire continuing education required
13		under this Code.
14		(28) (Blank).
15		(29) Aiding or assisting another person in violating
16		any provision of this Code or rules adopted pursuant to
17		this Code.
18		(30) Failing within 10 days, to provide information in
19		response to a written request made by the Department.
20		(31) Discipline by another state, District of
21		Columbia, territory, foreign nation, or governmental
22		agency, if at least one of the grounds for the discipline
23		is the same or substantially equivalent to those set forth
24		in this Section.
25		(32) (Blank).
26		(33) Mental illness or disability which results in the

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1		inability to practice the profession with reasonable
2		judgment, skill, or safety.
3		(34) Gross, willful, or continued overcharging for
4		professional services, including filing false statements
5		for collection of fees for which services are not rendered.
6		(35) Physical illness, including, but not limited to,
7		deterioration through the aging process or loss of motor
8		skill which results in a licensee's inability to practice
9		under this Code with reasonable judgment, skill, or safety.
10		(36) Failing to comply with any of the following
11		required activities:
12		(A) When reasonably possible, a funeral director
13		licensee or funeral director and embalmer licensee or
14		anyone acting on his or her behalf shall obtain the
15		express authorization of the person or persons
16		responsible for making the funeral arrangements for a
17		deceased human body prior to removing a body from the
18		place of death or any place it may be or embalming or
19		attempting to embalm a deceased human body, unless
20		required by State or local law. This requirement is
21		waived whenever removal or embalming is directed by
22		local authorities who have jurisdiction. If the
23		responsibility for the handling of the remains
24		lawfully falls under the jurisdiction of a public
25		agency, then the regulations of the public agency shall
26		prevail.

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1		(B) A licensee shall clearly mark the price of any
2		casket offered for sale or the price of any service
3		using the casket on or in the casket if the casket is
4		displayed at the funeral establishment. If the casket
5		is displayed at any other location, regardless of
6		whether the licensee is in control of that location,
7		the casket shall be clearly marked and the registrant
8		shall use books, catalogues, brochures, or other
9		printed display aids to show the price of each casket
10		or service.
11		(C) At the time funeral arrangements are made and
12		prior to rendering the funeral services, a licensee
13		shall furnish a written statement of services to be
14		retained by the person or persons making the funeral
15		arrangements, signed by both parties, that shall
16		contain: (i) the name, address and telephone number of
17		the funeral establishment and the date on which the
18		arrangements were made; (ii) the price of the service
19		selected and the services and merchandise included for
20		that price; (iii) a clear disclosure that the person or
21		persons making the arrangement may decline and receive
22		credit for any service or merchandise not desired and
23		not required by law or the funeral director or the
24		funeral director and embalmer; (iv) the supplemental
25		items of service and merchandise requested and the
26		price of each item; (v) the terms or method of payment

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1		agreed upon; and (vi) a statement as to any monetary
2		advances made by the registrant on behalf of the
3		family. The licensee shall maintain a copy of the
4		written statement of services in its permanent
5		records. All written statements of services are
6		subject to inspection by the Department.
7		(D) In all instances where the place of final
8		disposition of a deceased human body or the cremated
9		remains of a deceased human body is a cemetery, the
10		licensed funeral director and embalmer, or licensed
11		funeral director, who has been engaged to provide
12		funeral or embalming services shall remain at the
13		cemetery and personally witness the placement of the
14		human remains in their designated grave or the sealing
15		of the above ground depository, crypt, or urn. The
16		licensed funeral director or licensed funeral director
17		and embalmer may designate a licensed funeral director
18		and embalmer intern or representative of the funeral
19		home to be his or her witness to the placement of the
20		remains. If the cemetery authority, cemetery manager,
21		or any other agent of the cemetery takes any action
22		that prevents compliance with this paragraph (D), then
23		the funeral director and embalmer or funeral director
24		shall provide written notice to the Department within 5
25		business days after failing to comply. If the
26		Department receives this notice, then the Department

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1		shall not take any disciplinary action against the
2		funeral director and embalmer or funeral director for a
3		violation of this paragraph (D) unless the Department
4		finds that the cemetery authority, manager, or any
5		other agent of the cemetery did not prevent the funeral
6		director and embalmer or funeral director from
7		complying with this paragraph (D) as claimed in the
8		written notice.
9		(E) A funeral director or funeral director and
10		embalmer shall fully complete the portion of the
11		Certificate of Death under the responsibility of the
12		funeral director or funeral director and embalmer and
13		provide all required information. In the event that any
14		reported information subsequently changes or proves
15		incorrect, a funeral director or funeral director and
16		embalmer shall immediately upon learning the correct
17		information correct the Certificate of Death.
18		(37) A finding by the Department that the licensee
19		license, after having his or her license placed on
20		probationary status or subjected to conditions or
21		restrictions, violated the terms of the probation or failed
22		to comply with such terms or conditions.
23		(38) (Blank).
24		(39) Being named as a perpetrator in an indicated
25		report by the Department of Children and Family Services
26		pursuant to the Abused and Neglected Child Reporting Act

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1		and, upon proof by clear and convincing evidence, being
2		found to have caused a child to be an abused child or
3		neglected child as defined in the Abused and Neglected
4		Child Reporting Act.
5		(40) Habitual or excessive use or abuse of drugs
6		defined in law as controlled substances, alcohol, or any
7		other substance which results in the inability to practice
8		with reasonable judgment, skill, or safety.
9		(41) Practicing under a false or, except as provided by
10		law, an assumed name.
11		(42) Cheating on or attempting to subvert the licensing
12		examination administered under this Code.
13		(c) The Department may refuse to issue or renew or may
14		suspend without a hearing, as provided for in the Department of
15		Professional Regulation Law of the Civil Administrative Code of
16		Illinois, the license of any person who fails to file a return,
17		to pay the tax, penalty or interest shown in a filed return, or
18		to pay any final assessment of tax, penalty or interest as
19		required by any tax Act administered by the Illinois Department
20		of Revenue, until the time as the requirements of the tax Act
21		are satisfied in accordance with subsection (g) of Section
22		2105-15 of the Department of Professional Regulation Law of the
23		Civil Administrative Code of Illinois.
24		(d) No action may be taken under this Code against a person
25		licensed under this Code unless the action is commenced within
26		5 years after the occurrence of the alleged violations. A

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1		continuing violation shall be deemed to have occurred on the
2		date when the circumstances last existed that give rise to the
3		alleged violation.
4		(e) Nothing in this Section shall be construed or enforced
5		to give a funeral director and embalmer, or his or her
6		designees, authority over the operation of a cemetery or over
7		cemetery employees. Nothing in this Section shall be construed
8		or enforced to impose duties or penalties on cemeteries with
9		respect to the timing of the placement of human remains in
10		their designated grave or the sealing of the above ground
11		depository, crypt, or urn due to patron safety, the allocation
12		of cemetery staffing, liability insurance, a collective
13		bargaining agreement, or other such reasons.
14		(f) All fines imposed under this Section shall be paid 60
15		days after the effective date of the order imposing the fine.
16		(g) The Department shall deny a license or renewal
17		authorized by this Code to a person who has defaulted on an
18		educational loan or scholarship provided or guaranteed by the
19		Illinois Student Assistance Commission or any governmental
20		agency of this State in accordance with item (5) of subsection
21		(a) of Section 2105-15 of the Department of Professional
22		Regulation Law of the Civil Administrative Code of Illinois.
23		(h) In cases where the Department of Healthcare and Family
24		Services has previously determined a licensee or a potential
25		licensee is more than 30 days delinquent in the payment of
26		child support and has subsequently certified the delinquency to

HB3855 Engrossed - 773 - LRB100 05985 AMC 16014 b
1		the Department, the Department may refuse to issue or renew or
2		may revoke or suspend that person's license or may take other
3		disciplinary action against that person based solely upon the
4		certification of delinquency made by the Department of
5		Healthcare and Family Services in accordance with item (5) of
6		subsection (a) of Section 2105-15 of the Department of
7		Professional Regulation Law of the Civil Administrative Code of
8		Illinois.
9		(i) A person not licensed under this Code who is an owner
10		of a funeral establishment or funeral business shall not aid,
11		abet, assist, procure, advise, employ, or contract with any
12		unlicensed person to offer funeral services or aid, abet,
13		assist, or direct any licensed person contrary to or in
14		violation of any rules or provisions of this Code. A person
15		violating this subsection shall be treated as a licensee for
16		the purposes of disciplinary action under this Section and
17		shall be subject to cease and desist orders as provided in this
18		Code, the imposition of a fine up to $10,000 for each violation
19		and any other penalty provided by law.
20		(j) The determination by a circuit court that a licensee is
21		subject to involuntary admission or judicial admission as
22		provided in the Mental Health and Developmental Disabilities
23		Code, as amended, operates as an automatic suspension. The
24		suspension may end only upon a finding by a court that the
25		licensee is no longer subject to the involuntary admission or
26		judicial admission and issues an order so finding and

HB3855 Engrossed - 774 - LRB100 05985 AMC 16014 b
1		discharging the licensee, and upon the recommendation of the
2		Board to the Secretary that the licensee be allowed to resume
3		his or her practice.
4		(k) In enforcing this Code, the Department, upon a showing
5		of a possible violation, may compel an individual licensed to
6		practice under this Code, or who has applied for licensure
7		under this Code, to submit to a mental or physical examination,
8		or both, as required by and at the expense of the Department.
9		The Department may order the examining physician to present
10		testimony concerning the mental or physical examination of the
11		licensee or applicant. No information shall be excluded by
12		reason of any common law or statutory privilege relating to
13		communications between the licensee or applicant and the
14		examining physician. The examining physician shall be
15		specifically designated by the Department. The individual to be
16		examined may have, at his or her own expense, another physician
17		of his or her choice present during all aspects of this
18		examination. The examination shall be performed by a physician
19		licensed to practice medicine in all its branches. Failure of
20		an individual to submit to a mental or physical examination,
21		when directed, shall result in an automatic suspension without
22		hearing.
23		A person holding a license under this Code or who has
24		applied for a license under this Code who, because of a
25		physical or mental illness or disability, including, but not
26		limited to, deterioration through the aging process or loss of

HB3855 Engrossed - 775 - LRB100 05985 AMC 16014 b
1		motor skill, is unable to practice the profession with
2		reasonable judgment, skill, or safety, may be required by the
3		Department to submit to care, counseling, or treatment by
4		physicians approved or designated by the Department as a
5		condition, term, or restriction for continued, reinstated, or
6		renewed licensure to practice. Submission to care, counseling,
7		or treatment as required by the Department shall not be
8		considered discipline of a license. If the licensee refuses to
9		enter into a care, counseling, or treatment agreement or fails
10		to abide by the terms of the agreement, the Department may file
11		a complaint to revoke, suspend, or otherwise discipline the
12		license of the individual. The Secretary may order the license
13		suspended immediately, pending a hearing by the Department.
14		Fines shall not be assessed in disciplinary actions involving
15		physical or mental illness or impairment.
16		In instances in which the Secretary immediately suspends a
17		person's license under this Section, a hearing on that person's
18		license must be convened by the Department within 15 days after
19		the suspension and completed without appreciable delay. The
20		Department shall have the authority to review the subject
21		individual's record of treatment and counseling regarding the
22		impairment to the extent permitted by applicable federal
23		statutes and regulations safeguarding the confidentiality of
24		medical records.
25		An individual licensed under this Code and affected under
26		this Section shall be afforded an opportunity to demonstrate to

HB3855 Engrossed - 776 - LRB100 05985 AMC 16014 b
1		the Department that he or she can resume practice in compliance
2		with acceptable and prevailing standards under the provisions
3		of his or her license.
4		(Source: P.A. 98-756, eff. 7-16-14; 99-876, eff. 1-1-17;
5		revised 10-27-16.)
6		Section 480. The Hearing Instrument Consumer Protection
7		Act is amended by changing Section 18 as follows:
8		(225 ILCS 50/18) (from Ch. 111, par. 7418)
9		(Section scheduled to be repealed on January 1, 2026)
10		Sec. 18. Discipline by the Department. The Department may
11		refuse to issue or renew a license or it may revoke, suspend,
12		place on probation, censure, fine, or reprimand a licensee for
13		any of the following:
14		(a) Material misstatement in furnishing information to
15		the Department or to any other State or federal agency.
16		(b) Violations of this Act, or the rules promulgated
17		hereunder.
18		(c) Conviction of any crime under the laws of the
19		United States or any state or territory thereof which is a
20		felony or misdemeanor, an essential element of dishonesty,
21		or of any crime which is directly related to the practice
22		of the profession.
23		(d) Making any misrepresentation for the purpose of
24		obtaining a license or renewing a license, including

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1		falsification of the continuing education requirement.
2		(e) Professional incompetence.
3		(f) Malpractice.
4		(g) Aiding or assisting another person in violating any
5		provision of this Act or the rules promulgated hereunder.
6		(h) Failing, within 30 days, to provide in writing
7		information in response to a written request made by the
8		Department.
9		(i) Engaging in dishonorable, unethical, or
10		unprofessional conduct which is likely to deceive,
11		defraud, or harm the public.
12		(j) Knowingly employing, directly or indirectly, any
13		suspended or unlicensed person to perform any services
14		covered by this Act.
15		(k) Habitual intoxication or addiction to the use of
16		drugs.
17		(l) Discipline by another state, the District of
18		Columbia, territory, or a foreign nation, if at least one
19		of the grounds for the discipline is the same or
20		substantially equivalent to those set forth herein.
21		(m) Directly or indirectly giving to or receiving from
22		any person, firm, corporation, partnership, or association
23		any fee, commission, rebate, or other form of compensation
24		for any service not actually rendered. Nothing in this
25		paragraph (m) affects any bona fide independent contractor
26		or employment arrangements among health care

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1		professionals, health facilities, health care providers,
2		or other entities, except as otherwise prohibited by law.
3		Any employment arrangements may include provisions for
4		compensation, health insurance, pension, or other
5		employment benefits for the provision of services within
6		the scope of the licensee's practice under this Act.
7		Nothing in this paragraph (m) shall be construed to require
8		an employment arrangement to receive professional fees for
9		services rendered.
10		(n) A finding by the Board that the licensee, after
11		having his or her license placed on probationary status,
12		has violated the terms of or probation.
13		(o) Willfully making or filing false records or
14		reports.
15		(p) Willfully failing to report an instance of
16		suspected child abuse or neglect as required by the Abused
17		and Neglected Child Reporting Act.
18		(q) Physical illness, including, but not limited to,
19		deterioration through the aging process, or loss of motor
20		skill which results in the inability to practice the
21		profession with reasonable judgement, skill or safety.
22		(r) Solicitation of services or products by
23		advertising that is false or misleading. An advertisement
24		is false or misleading if it:
25		(1) contains an intentional misrepresentation of
26		fact;

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1		(2) contains a false statement as to the licensee's
2		professional achievements, education, skills, or
3		qualifications in the hearing instrument dispensing
4		profession;
5		(3) makes a partial disclosure of a relevant fact,
6		including:
7		(i) the advertisement of a discounted price of
8		an item without identifying in the advertisement
9		or at the location of the item either the specific
10		product being offered at the discounted price or
11		the usual price of the item; and
12		(ii) the advertisement of the price of a
13		specifically identified hearing instrument if more
14		than one hearing instrument appears in the same
15		advertisement without an accompanying price;
16		(4) contains a representation that a product
17		innovation is new when, in fact, the product was first
18		offered by the manufacturer to the general public in
19		this State not less than 12 months before the date of
20		the advertisement;
21		(5) contains any other representation, statement,
22		or claim that is inherently misleading or deceptive; or
23		(6) contains information that the licensee
24		manufactures hearing instruments at the licensee's
25		office location unless the following statement
26		includes a statement disclosing that the instruments

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1		are manufactured by a specified manufacturer and
2		assembled by the licensee.
3		(s) Participating in subterfuge or misrepresentation
4		in the fitting or servicing of a hearing instrument.
5		(t) (Blank).
6		(u) Representing that the service of a licensed
7		physician or other health professional will be used or made
8		available in the fitting, adjustment, maintenance, or
9		repair of hearing instruments when that is not true, or
10		using the words "doctor", "audiologist", "clinic",
11		"Clinical Audiologist", "Certified Hearing Aid
12		Audiologist", "State Licensed", "State Certified",
13		"Hearing Care Professional", "Licensed Hearing Instrument
14		Dispenser", "Licensed Hearing Aid Dispenser", "Board
15		Certified Hearing Instrument Specialist", "Hearing
16		Instrument Specialist", "Licensed Audiologist", or any
17		other term, abbreviation, or symbol which would give the
18		impression that service is being provided by persons who
19		are licensed or awarded a degree or title, or that the
20		person's service who is holding the license has been
21		recommended by a governmental agency or health provider,
22		when such is not the case.
23		(v) Advertising a manufacturer's product or using a
24		manufacturer's name or trademark implying a relationship
25		which does not exist.
26		(w) Directly or indirectly giving or offering anything

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1		of value to any person who advises another in a
2		professional capacity, as an inducement to influence the
3		purchase of a product sold or offered for sale by a hearing
4		instrument dispenser or influencing persons to refrain
5		from dealing in the products of competitors.
6		(x) Conducting business while suffering from a
7		contagious disease.
8		(y) Engaging in the fitting or sale of hearing
9		instruments under a name with fraudulent intent.
10		(z) Dispensing a hearing instrument to a person who has
11		not been given tests utilizing appropriate established
12		procedures and instrumentation in the fitting of hearing
13		instruments, except where there is the replacement of a
14		hearing instrument, of the same make and model within one
15		year of the dispensing of the original hearing instrument.
16		(aa) Unavailability or unwillingness to adequately
17		provide for service or repair of hearing instruments fitted
18		and sold by the dispenser.
19		(bb) Violating the regulations of the Federal Food and
20		Drug Administration or the Federal Trade Commission as they
21		affect hearing instruments.
22		(cc) Violating any provision of the Consumer Fraud and
23		Deceptive Business Practices Act.
24		(dd) Violating the Health Care Worker Self-Referral
25		Act.
26		The Department, with the approval of the Board, may impose

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1		a fine not to exceed $1,000 plus costs for the first violation
2		and not to exceed $5,000 plus costs for each subsequent
3		violation of this Act, and the rules promulgated hereunder, on
4		any person or entity described in this Act. Such fine may be
5		imposed as an alternative to any other disciplinary measure,
6		except for probation. The imposition by the Department of a
7		fine for any violation does not bar the violation from being
8		alleged in subsequent disciplinary proceedings. Such fines
9		shall be deposited in the Fund.
10		(Source: P.A. 96-1482, eff. 11-29-10; revised 9-14-16.)
11		Section 485. The Illinois Physical Therapy Act is amended
12		by changing Section 1 as follows:
13		(225 ILCS 90/1) (from Ch. 111, par. 4251)
14		(Section scheduled to be repealed on January 1, 2026)
15		Sec. 1. Definitions. As used in this Act:
16		(1) "Physical therapy" means all of the following:
17		(A) Examining, evaluating, and testing individuals who
18		may have mechanical, physiological, or developmental
19		impairments, functional limitations, disabilities, or
20		other health and movement-related conditions, classifying
21		these disorders, determining a rehabilitation prognosis
22		and plan of therapeutic intervention, and assessing the
23		on-going effects of the interventions.
24		(B) Alleviating impairments, functional limitations,

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1		or disabilities by designing, implementing, and modifying
2		therapeutic interventions that may include, but are not
3		limited to, the evaluation or treatment of a person through
4		the use of the effective properties of physical measures
5		and heat, cold, light, water, radiant energy, electricity,
6		sound, and air and use of therapeutic massage, therapeutic
7		exercise, mobilization, and rehabilitative procedures,
8		with or without assistive devices, for the purposes of
9		preventing, correcting, or alleviating a physical or
10		mental impairment, functional limitation, or disability.
11		(C) Reducing the risk of injury, impairment,
12		functional limitation, or disability, including the
13		promotion and maintenance of fitness, health, and
14		wellness.
15		(D) Engaging in administration, consultation,
16		education, and research.
17		"Physical therapy" includes, but is not limited to: (a)
18		performance of specialized tests and measurements, (b)
19		administration of specialized treatment procedures, (c)
20		interpretation of referrals from physicians, dentists,
21		advanced practice nurses, physician assistants, and podiatric
22		physicians, (d) establishment, and modification of physical
23		therapy treatment programs, (e) administration of topical
24		medication used in generally accepted physical therapy
25		procedures when such medication is either prescribed by the
26		patient's physician, licensed to practice medicine in all its

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1		branches, the patient's physician licensed to practice
2		podiatric medicine, the patient's advanced practice nurse, the
3		patient's physician assistant, or the patient's dentist or used
4		following the physician's orders or written instructions, and
5		(f) supervision or teaching of physical therapy. Physical
6		therapy does not include radiology, electrosurgery,
7		chiropractic technique or determination of a differential
8		diagnosis; provided, however, the limitation on determining a
9		differential diagnosis shall not in any manner limit a physical
10		therapist licensed under this Act from performing an evaluation
11		pursuant to such license. Nothing in this Section shall limit a
12		physical therapist from employing appropriate physical therapy
13		techniques that he or she is educated and licensed to perform.
14		A physical therapist shall refer to a licensed physician,
15		advanced practice nurse, physician assistant, dentist,
16		podiatric physician, other physical therapist, or other health
17		care provider any patient whose medical condition should, at
18		the time of evaluation or treatment, be determined to be beyond
19		the scope of practice of the physical therapist.
20		(2) "Physical therapist" means a person who practices
21		physical therapy and who has met all requirements as provided
22		in this Act.
23		(3) "Department" means the Department of Professional
24		Regulation.
25		(4) "Director" means the Director of Professional
26		Regulation.

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1		(5) "Board" means the Physical Therapy Licensing and
2		Disciplinary Board approved by the Director.
3		(6) "Referral" means a written or oral authorization for
4		physical therapy services for a patient by a physician,
5		dentist, advanced practice nurse, physician assistant, or
6		podiatric physician who maintains medical supervision of the
7		patient and makes a diagnosis or verifies that the patient's
8		condition is such that it may be treated by a physical
9		therapist.
10		(7) "Documented current and relevant diagnosis" for the
11		purpose of this Act means a diagnosis, substantiated by
12		signature or oral verification of a physician, dentist,
13		advanced practice nurse, physician assistant, or podiatric
14		physician, that a patient's condition is such that it may be
15		treated by physical therapy as defined in this Act, which
16		diagnosis shall remain in effect until changed by the
17		physician, dentist, advanced practice nurse, physician
18		assistant, or podiatric physician.
19		(8) "State" includes:
20		(a) the states of the United States of America;
21		(b) the District of Columbia; and
22		(c) the Commonwealth of Puerto Rico.
23		(9) "Physical therapist assistant" means a person licensed
24		to assist a physical therapist and who has met all requirements
25		as provided in this Act and who works under the supervision of
26		a licensed physical therapist to assist in implementing the

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1		physical therapy treatment program as established by the
2		licensed physical therapist. The patient care activities
3		provided by the physical therapist assistant shall not include
4		the interpretation of referrals, evaluation procedures, or the
5		planning or major modification of patient programs.
6		(10) "Physical therapy aide" means a person who has
7		received on the job training, specific to the facility in which
8		he is employed.
9		(11) "Advanced practice nurse" means a person licensed as
10		an advanced practice nurse under the Nurse Practice Act.
11		(12) "Physician assistant" means a person licensed under
12		the Physician Assistant Practice Act of 1987.
13		(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15;
14		99-229, eff. 8-3-15; 99-642, eff. 7-28-16; revised 10-27-16.)
15		Section 490. The Professional Counselor and Clinical
16		Professional Counselor Licensing and Practice Act is amended by
17		changing Sections 30 and 80 as follows:
18		(225 ILCS 107/30) (from Ch. 111, par. 8451-30)
19		(Section scheduled to be repealed on January 1, 2023)
20		Sec. 30. Professional Counselor Licensing Examining and
21		Disciplinary Board.
22		(a) The Secretary shall appoint a Board which shall serve
23		in an advisory capacity to the Secretary. The Board shall
24		consist of 7 persons, 2 of whom are licensed solely as

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1		professional counselors, 3 of whom are licensed solely as
2		clinical professional counselors, one full-time faculty member
3		of an accredited college or university that is engaged in
4		training professional counselors or clinical professional
5		counselors who possesses the qualifications substantially
6		equivalent to the education and experience requirements for a
7		professional counselor or clinical professional counselor, and
8		one member of the public who is not a licensed health care
9		provider. In appointing members of the Board, the Secretary
10		shall give due consideration to the adequate representation of
11		the various fields of counseling. In appointing members of the
12		Board, the Secretary shall give due consideration to
13		recommendations by members of the professions of professional
14		counseling and clinical professional counseling, the Statewide
15		organizations representing the interests of professional
16		counselors and clinical professional counselors, organizations
17		representing the interests of academic programs,
18		rehabilitation counseling programs, and approved counseling
19		programs in the State of Illinois.
20		(b) Members shall be appointed for and shall serve 4 year
21		terms and until their successors are appointed and qualified.
22		No member of the Board shall serve more than 2 full consecutive
23		terms. Any appointment to fill a vacancy shall be for the
24		unexpired portion of the term.
25		(c) The membership of the Board should reasonably reflect
26		representation from different geographic areas of Illinois.

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1		(d) (Blank).
2		(e) The Secretary shall have the authority to remove or
3		suspend any member for cause at any time prior to the
4		expiration of his or her term. The Secretary shall be the sole
5		arbiter of cause.
6		(f) The Board shall annually elect one of its members as
7		chairperson.
8		(g) The members of the Board shall be reimbursed for all
9		legitimate, necessary, and authorized expenses incurred in
10		attending the meetings of the Board.
11		(h) The Board may make recommendations on matters relating
12		to approving graduate counseling, rehabilitation counseling,
13		psychology, and related programs.
14		(i) The Board may make recommendations on matters relating
15		to continuing education including the number of hours necessary
16		for license renewal, waivers for those unable to meet such
17		requirements, and acceptable course content. These
18		recommendations shall not impose an undue burden on the
19		Department or an unreasonable restriction on those seeking
20		license renewal.
21		(j) The Secretary shall give due consideration to all
22		recommendations of the Board.
23		(k) Four members of the Board shall constitute a quorum. A
24		quorum is required for all Board decisions.
25		(l) Members of the Board shall have no criminal, civil, or
26		professional liability in an action based upon a disciplinary

HB3855 Engrossed - 789 - LRB100 05985 AMC 16014 b
1		proceeding or other activity performed in good faith as a
2		member of the Board, except for willful or wanton misconduct.
3		(Source: P.A. 97-706, eff. 6-25-12; revised 10-27-16.)
4		(225 ILCS 107/80)
5		(Section scheduled to be repealed on January 1, 2023)
6		Sec. 80. Grounds for discipline.
7		(a) The Department may refuse to issue, renew, or may
8		revoke, suspend, place on probation, reprimand, or take other
9		disciplinary or non-disciplinary action as the Department
10		deems appropriate, including the issuance of fines not to
11		exceed $10,000 for each violation, with regard to any license
12		for any one or more of the following:
13		(1) Material misstatement in furnishing information to
14		the Department or to any other State agency.
15		(2) Violations or negligent or intentional disregard
16		of this Act or rules adopted under this Act.
17		(3) Conviction by plea of guilty or nolo contendere,
18		finding of guilt, jury verdict, or entry of judgment or by
19		sentencing of any crime, including, but not limited to,
20		convictions, preceding sentences of supervision,
21		conditional discharge, or first offender probation, under
22		the laws of any jurisdiction of the United States: (i) that
23		is a felony or (ii) that is a misdemeanor, an essential
24		element of which is dishonesty, or that is directly related
25		to the practice of the profession.

HB3855 Engrossed - 790 - LRB100 05985 AMC 16014 b
1		(4) Fraud or any misrepresentation in applying for or
2		procuring a license under this Act or in connection with
3		applying for renewal of a license under this Act.
4		(5) Professional incompetence or gross negligence in
5		the rendering of professional counseling or clinical
6		professional counseling services.
7		(6) Malpractice.
8		(7) Aiding or assisting another person in violating any
9		provision of this Act or any rules.
10		(8) Failing to provide information within 60 days in
11		response to a written request made by the Department.
12		(9) Engaging in dishonorable, unethical, or
13		unprofessional conduct of a character likely to deceive,
14		defraud, or harm the public and violating the rules of
15		professional conduct adopted by the Department.
16		(10) Habitual or excessive use or abuse of drugs as
17		defined in law as controlled substances, alcohol, or any
18		other substance which results in inability to practice with
19		reasonable skill, judgment, or safety.
20		(11) Discipline by another jurisdiction, the District
21		of Columbia, territory, county, or governmental agency, if
22		at least one of the grounds for the discipline is the same
23		or substantially equivalent to those set forth in this
24		Section.
25		(12) Directly or indirectly giving to or receiving from
26		any person, firm, corporation, partnership, or association

HB3855 Engrossed - 791 - LRB100 05985 AMC 16014 b
1		any fee, commission, rebate or other form of compensation
2		for any professional service not actually rendered.
3		Nothing in this paragraph (12) affects any bona fide
4		independent contractor or employment arrangements among
5		health care professionals, health facilities, health care
6		providers, or other entities, except as otherwise
7		prohibited by law. Any employment arrangements may include
8		provisions for compensation, health insurance, pension, or
9		other employment benefits for the provision of services
10		within the scope of the licensee's practice under this Act.
11		Nothing in this paragraph (12) shall be construed to
12		require an employment arrangement to receive professional
13		fees for services rendered.
14		(13) A finding by the Board that the licensee, after
15		having the license placed on probationary status, has
16		violated the terms of probation.
17		(14) Abandonment of a client.
18		(15) Willfully filing false reports relating to a
19		licensee's practice, including but not limited to false
20		records filed with federal or State agencies or
21		departments.
22		(16) Willfully failing to report an instance of
23		suspected child abuse or neglect as required by the Abused
24		and Neglected Child Reporting Act and in matters pertaining
25		to suspected abuse, neglect, financial exploitation, or
26		self-neglect of adults with disabilities and older adults

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1		as set forth in the Adult Protective Services Act.
2		(17) Being named as a perpetrator in an indicated
3		report by the Department of Children and Family Services
4		pursuant to the Abused and Neglected Child Reporting Act,
5		and upon proof by clear and convincing evidence that the
6		licensee has caused a child to be an abused child or
7		neglected child as defined in the Abused and Neglected
8		Child Reporting Act.
9		(18) Physical or mental illness or disability,
10		including, but not limited to, deterioration through the
11		aging process or loss of abilities and skills which results
12		in the inability to practice the profession with reasonable
13		judgment, skill, or safety.
14		(19) Solicitation of professional services by using
15		false or misleading advertising.
16		(20) Allowing one's license under this Act to be used
17		by an unlicensed person in violation of this Act.
18		(21) A finding that licensure has been applied for or
19		obtained by fraudulent means.
20		(22) Practicing under a false or, except as provided by
21		law, an assumed name.
22		(23) Gross and willful overcharging for professional
23		services including filing statements for collection of
24		fees or monies for which services are not rendered.
25		(24) Rendering professional counseling or clinical
26		professional counseling services without a license or

HB3855 Engrossed - 793 - LRB100 05985 AMC 16014 b
1		practicing outside the scope of a license.
2		(25) Clinical supervisors failing to adequately and
3		responsibly monitor supervisees.
4		All fines imposed under this Section shall be paid within
5		60 days after the effective date of the order imposing the
6		fine.
7		(b) The Department shall deny, without hearing, any
8		application or renewal for a license under this Act to any
9		person who has defaulted on an educational loan guaranteed by
10		the Illinois Student State Assistance Commission or any
11		governmental agency of this State in accordance with item (5)
12		of subsection (a) of Section 2105-15 of the Department of
13		Professional Regulation Law of the Civil Administrative Code of
14		Illinois.
15		(b-5) The Department may refuse to issue or may suspend
16		without hearing, as provided for in the Code of Civil
17		Procedure, the license of any person who fails to file a
18		return, pay the tax, penalty, or interest shown in a filed
19		return, or pay any final assessment of the tax, penalty, or
20		interest as required by any tax Act administered by the
21		Illinois Department of Revenue, until such time as the
22		requirements of any such tax Act are satisfied in accordance
23		with subsection (g) of Section 2105-15 of the Department of
24		Professional Regulation Law of the Civil Administrative Code of
25		Illinois.
26		(b-10) In cases where the Department of Healthcare and

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1		Family Services has previously determined a licensee or a
2		potential licensee is more than 30 days delinquent in the
3		payment of child support and has subsequently certified the
4		delinquency to the Department, the Department may refuse to
5		issue or renew or may revoke or suspend that person's license
6		or may take other disciplinary action against that person based
7		solely upon the certification of delinquency made by the
8		Department of Healthcare and Family Services in accordance with
9		item (5) of subsection (a) of Section 2105-15 of the Department
10		of Professional Regulation Law of the Civil Administrative Code
11		of Illinois.
12		(c) The determination by a court that a licensee is subject
13		to involuntary admission or judicial admission as provided in
14		the Mental Health and Developmental Disabilities Code will
15		result in an automatic suspension of his or her license. The
16		suspension will end upon a finding by a court that the licensee
17		is no longer subject to involuntary admission or judicial
18		admission, the issuance of an order so finding and discharging
19		the patient, and the recommendation of the Board to the
20		Secretary that the licensee be allowed to resume professional
21		practice.
22		(c-5) In enforcing this Act, the Department, upon a showing
23		of a possible violation, may compel an individual licensed to
24		practice under this Act, or who has applied for licensure under
25		this Act, to submit to a mental or physical examination, or
26		both, as required by and at the expense of the Department. The

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1		Department may order the examining physician to present
2		testimony concerning the mental or physical examination of the
3		licensee or applicant. No information shall be excluded by
4		reason of any common law or statutory privilege relating to
5		communications between the licensee or applicant and the
6		examining physician. The examining physicians shall be
7		specifically designated by the Department. The individual to be
8		examined may have, at his or her own expense, another physician
9		of his or her choice present during all aspects of this
10		examination. The examination shall be performed by a physician
11		licensed to practice medicine in all its branches. Failure of
12		an individual to submit to a mental or physical examination,
13		when directed, shall result in an automatic suspension without
14		hearing.
15		A person holding a license under this Act or who has
16		applied for a license under this Act who, because of a physical
17		or mental illness or disability, including, but not limited to,
18		deterioration through the aging process or loss of motor skill,
19		is unable to practice the profession with reasonable judgment,
20		skill, or safety, may be required by the Department to submit
21		to care, counseling, or treatment by physicians approved or
22		designated by the Department as a condition, term, or
23		restriction for continued, reinstated, or renewed licensure to
24		practice. Submission to care, counseling, or treatment as
25		required by the Department shall not be considered discipline
26		of a license. If the licensee refuses to enter into a care,

HB3855 Engrossed - 796 - LRB100 05985 AMC 16014 b
1		counseling, or treatment agreement or fails to abide by the
2		terms of the agreement, the Department may file a complaint to
3		revoke, suspend, or otherwise discipline the license of the
4		individual. The Secretary may order the license suspended
5		immediately, pending a hearing by the Department. Fines shall
6		not be assessed in disciplinary actions involving physical or
7		mental illness or impairment.
8		In instances in which the Secretary immediately suspends a
9		person's license under this Section, a hearing on that person's
10		license must be convened by the Department within 15 days after
11		the suspension and completed without appreciable delay. The
12		Department shall have the authority to review the subject
13		individual's record of treatment and counseling regarding the
14		impairment to the extent permitted by applicable federal
15		statutes and regulations safeguarding the confidentiality of
16		medical records.
17		An individual licensed under this Act and affected under
18		this Section shall be afforded an opportunity to demonstrate to
19		the Department that he or she can resume practice in compliance
20		with acceptable and prevailing standards under the provisions
21		of his or her license.
22		(d) (Blank).
23		(Source: P.A. 97-706, eff. 6-25-12; 98-49, eff. 7-1-13; revised
24		10-27-16.)
25		Section 495. The Sex Offender Evaluation and Treatment

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1		Provider Act is amended by changing Section 35 as follows:
2		(225 ILCS 109/35)
3		Sec. 35. Qualifications for licensure.
4		(a)(1) A person is qualified for licensure as a sex
5		offender evaluator if that person:
6		(A) has applied in writing on forms prepared and
7		furnished by the Department;
8		(B) has not engaged or is not engaged in any practice
9		or conduct that would be grounds for disciplining a
10		licensee under Section 75 of this Act; and
11		(C) satisfies the licensure and experience
12		requirements of paragraph (2) of this subsection (a).
13		(2) A person who applies to the Department shall be issued
14		a sex offender evaluator license by the Department if the
15		person meets the qualifications set forth in paragraph (1) of
16		this subsection (a) and provides evidence to the Department
17		that the person:
18		(A) is a physician licensed to practice medicine in all
19		of its branches under the Medical Practice Act of 1987 or
20		licensed under the laws of another state; an advanced
21		practice nurse with psychiatric specialty licensed under
22		the Nurse Practice Act or licensed under the laws of
23		another state; a clinical psychologist licensed under the
24		Clinical Psychologist Licensing Act or licensed under the
25		laws of another state; a licensed clinical social worker

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1		licensed under the Clinical Social Work and Social Work
2		Practice Act or licensed under the laws of another state; a
3		licensed clinical professional counselor licensed under
4		the Professional Counselor and Clinical Professional
5		Counselor Licensing and Practice Act or licensed under the
6		laws of another state; or a licensed marriage and family
7		therapist licensed under the Marriage and Family Therapy
8		Therapist Licensing Act or licensed under the laws of
9		another state;
10		(B) has 400 hours of supervised experience in the
11		treatment or evaluation of sex offenders in the last 4
12		years, at least 200 of which are face-to-face therapy or
13		evaluation with sex offenders;
14		(C) has completed at least 10 sex offender evaluations
15		under supervision in the past 4 years; and
16		(D) has at least 40 hours of documented training in the
17		specialty of sex offender evaluation, treatment, or
18		management.
19		Until January 1, 2015, the requirements of subparagraphs
20		(B) and (D) of paragraph (2) of this subsection (a) are
21		satisfied if the applicant has been listed on the Sex Offender
22		Management Board's Approved Provider List for a minimum of 2
23		years before application for licensure. Until January 1, 2015,
24		the requirements of subparagraph (C) of paragraph (2) of this
25		subsection (a) are satisfied if the applicant has completed at
26		least 10 sex offender evaluations within the 4 years before

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1		application for licensure.
2		(b)(1) A person is qualified for licensure as a sex
3		offender treatment provider if that person:
4		(A) has applied in writing on forms prepared and
5		furnished by the Department;
6		(B) has not engaged or is not engaged in any practice
7		or conduct that would be grounds for disciplining a
8		licensee under Section 75 of this Act; and
9		(C) satisfies the licensure and experience
10		requirements of paragraph (2) of this subsection (b).
11		(2) A person who applies to the Department shall be issued
12		a sex offender treatment provider license by the Department if
13		the person meets the qualifications set forth in paragraph (1)
14		of this subsection (b) and provides evidence to the Department
15		that the person:
16		(A) is a physician licensed to practice medicine in all
17		of its branches under the Medical Practice Act of 1987 or
18		licensed under the laws of another state; an advanced
19		practice nurse with psychiatric specialty licensed under
20		the Nurse Practice Act or licensed under the laws of
21		another state; a clinical psychologist licensed under the
22		Clinical Psychologist Licensing Act or licensed under the
23		laws of another state; a licensed clinical social worker
24		licensed under the Clinical Social Work and Social Work
25		Practice Act or licensed under the laws of another state; a
26		licensed clinical professional counselor licensed under

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1		the Professional Counselor and Clinical Professional
2		Counselor Licensing and Practice Act or licensed under the
3		laws of another state; or a licensed marriage and family
4		therapist licensed under the Marriage and Family Therapy
5		Therapist Licensing Act or licensed under the laws of
6		another state;
7		(B) has 400 hours of supervised experience in the
8		treatment of sex offenders in the last 4 years, at least
9		200 of which are face-to-face therapy with sex offenders;
10		and
11		(C) has at least 40 hours documented training in the
12		specialty of sex offender evaluation, treatment, or
13		management.
14		Until January 1, 2015, the requirements of subparagraphs
15		(B) and (C) of paragraph (2) of this subsection (b) are
16		satisfied if the applicant has been listed on the Sex Offender
17		Management Board's Approved Provider List for a minimum of 2
18		years before application.
19		(c)(1) A person is qualified for licensure as an associate
20		sex offender provider if that person:
21		(A) has applied in writing on forms prepared and
22		furnished by the Department;
23		(B) has not engaged or is not engaged in any practice
24		or conduct that would be grounds for disciplining a
25		licensee under Section 75 of this Act; and
26		(C) satisfies the education and experience

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1		requirements of paragraph (2) of this subsection (c).
2		(2) A person who applies to the Department shall be issued
3		an associate sex offender provider license by the Department if
4		the person meets the qualifications set forth in paragraph (1)
5		of this subsection (c) and provides evidence to the Department
6		that the person holds a master's degree or higher in social
7		work, psychology, marriage and family therapy, counseling or
8		closely related behavioral science degree, or psychiatry.
9		(Source: P.A. 97-1098, eff. 7-1-13; 98-612, eff. 12-27-13;
10		revised 9-14-16.)
11		Section 500. The Veterinary Medicine and Surgery Practice
12		Act of 2004 is amended by changing Section 19.2 as follows:
13		(225 ILCS 115/19.2)
14		(Section scheduled to be repealed on January 1, 2024)
15		Sec. 19.2. Patient requests for prescriptions. A
16		veterinarian Veterinarians shall honor a client's request for a
17		prescription in lieu of dispensing a drug when a
18		veterinarian-client-patient relationship exists and the
19		veterinarian has determined that the drug is medically
20		necessary.
21		(Source: P.A. 99-223, eff. 7-31-15; revised 10-27-16.)
22		Section 505. The Genetic Counselor Licensing Act is amended
23		by changing Sections 10 and 95 as follows:

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1		(225 ILCS 135/10)
2		(Section scheduled to be repealed on January 1, 2025)
3		Sec. 10. Definitions. As used in this Act:
4		"ABGC" means the American Board of Genetic Counseling.
5		"ABMG" means the American Board of Medical Genetics.
6		"Active candidate status" is awarded to applicants who have
7		received approval from the ABGC or ABMG to sit for their
8		respective certification examinations.
9		"Address of record" means the designated address recorded
10		by the Department in the applicant's or licensee's application
11		file or license file as maintained by the Department's
12		licensure maintenance unit. It is the duty of the applicant or
13		licensee to inform the Department of any change of address, and
14		those changes must be made either through the Department's
15		website or by contacting the Department.
16		"Department" means the Department of Financial and
17		Professional Regulation.
18		"Genetic anomaly" means a variation in an individual's DNA
19		that has been shown to confer a genetically influenced disease
20		or predisposition to a genetically influenced disease or makes
21		a person a carrier of such variation. A "carrier" of a genetic
22		anomaly means a person who may or may not have a predisposition
23		or risk of incurring a genetically influenced condition and who
24		is at risk of having offspring with a genetically influenced
25		condition.

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1		"Genetic counseling" means the provision of services,
2		which may include the ordering of genetic tests, to
3		individuals, couples, groups, families, and organizations by
4		one or more appropriately trained individuals to address the
5		physical and psychological issues associated with the
6		occurrence or risk of occurrence or recurrence of a genetic
7		disorder, birth defect, disease, or potentially inherited or
8		genetically influenced condition in an individual or a family.
9		"Genetic counseling" consists of the following:
10		(A) Estimating the likelihood of occurrence or
11		recurrence of a birth defect or of any potentially
12		inherited or genetically influenced condition. This
13		assessment may involve:
14		(i) obtaining and analyzing a complete health
15		history of the person and his or her family;
16		(ii) reviewing pertinent medical records;
17		(iii) evaluating the risks from exposure to
18		possible mutagens or teratogens;
19		(iv) recommending genetic testing or other
20		evaluations to diagnose a condition or determine the
21		carrier status of one or more family members;
22		(B) Helping the individual, family, health care
23		provider, or health care professional (i) appreciate the
24		medical, psychological and social implications of a
25		disorder, including its features, variability, usual
26		course and management options, (ii) learn how genetic

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1		factors contribute to the disorder and affect the chance
2		for recurrence of the condition in other family members,
3		and (iii) understand available options for coping with,
4		preventing, or reducing the chance of occurrence or
5		recurrence of a condition.
6		(C) Facilitating an individual's or family's (i)
7		exploration of the perception of risk and burden associated
8		with the disorder and (ii) adjustment and adaptation to the
9		condition or their genetic risk by addressing needs for
10		psychological, social, and medical support.
11		"Genetic counselor" means a person licensed under this Act
12		to engage in the practice of genetic counseling.
13		"Genetic testing" and "genetic test" mean a test or
14		analysis of human genes, gene products, DNA, RNA, chromosomes,
15		proteins, or metabolites that detects genotypes, mutations,
16		chromosomal changes, abnormalities, or deficiencies, including
17		carrier status, that (i) are linked to physical or mental
18		disorders or impairments, (ii) indicate a susceptibility to
19		illness, disease, impairment, or other disorders, whether
20		physical or mental, or (iii) demonstrate genetic or chromosomal
21		damage due to environmental factors. "Genetic testing" and
22		"genetic tests" do not include routine physical measurements;
23		chemical, blood and urine analyses that are widely accepted and
24		in use in clinical practice; tests for use of drugs; tests for
25		the presence of the human immunodeficiency virus; analyses of
26		proteins or metabolites that do not detect genotypes,

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1		mutations, chromosomal changes, abnormalities, or
2		deficiencies; or analyses of proteins or metabolites that are
3		directly related to a manifested disease, disorder, or
4		pathological condition that could reasonably be detected by a
5		health care professional with appropriate training and
6		expertise in the field of medicine involved.
7		"Person" means an individual, association, partnership, or
8		corporation.
9		"Qualified supervisor" means any person who is a licensed
10		genetic counselor, as defined by rule, or a physician licensed
11		to practice medicine in all its branches. A qualified
12		supervisor may be provided at the applicant's place of work, or
13		may be contracted by the applicant to provide supervision. The
14		qualified supervisor shall file written documentation with the
15		Department of employment, discharge, or supervisory control of
16		a genetic counselor at the time of employment, discharge, or
17		assumption of supervision of a genetic counselor.
18		"Secretary" means the Secretary of Financial and
19		Professional Regulation.
20		"Supervision" means review of aspects of genetic
21		counseling and case management in a bimonthly meeting with the
22		person under supervision.
23		(Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15;
24		99-633, eff. 1-1-17; revised 10-27-16.)
25		(225 ILCS 135/95)

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1		(Section scheduled to be repealed on January 1, 2025)
2		Sec. 95. Grounds for discipline.
3		(a) The Department may refuse to issue, renew, or may
4		revoke, suspend, place on probation, reprimand, or take other
5		disciplinary or non-disciplinary action as the Department
6		deems appropriate, including the issuance of fines not to
7		exceed $10,000 for each violation, with regard to any license
8		for any one or more of the following:
9		(1) Material misstatement in furnishing information to
10		the Department or to any other State agency.
11		(2) Violations or negligent or intentional disregard
12		of this Act, or any of its rules.
13		(3) Conviction by plea of guilty or nolo contendere,
14		finding of guilt, jury verdict, or entry of judgment or
15		sentencing, including, but not limited to, convictions,
16		preceding sentences of supervision, conditional discharge,
17		or first offender probation, under the laws of any
18		jurisdiction of the United States: (i) that is a felony or
19		(ii) that is a misdemeanor, an essential element of which
20		is dishonesty, or that is directly related to the practice
21		of genetic counseling.
22		(4) Making any misrepresentation for the purpose of
23		obtaining a license, or violating any provision of this Act
24		or its rules.
25		(5) Negligence in the rendering of genetic counseling
26		services.

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1		(6) Failure to provide genetic testing results and any
2		requested information to a referring physician licensed to
3		practice medicine in all its branches, advanced practice
4		nurse, or physician assistant.
5		(7) Aiding or assisting another person in violating any
6		provision of this Act or any rules.
7		(8) Failing to provide information within 60 days in
8		response to a written request made by the Department.
9		(9) Engaging in dishonorable, unethical, or
10		unprofessional conduct of a character likely to deceive,
11		defraud, or harm the public and violating the rules of
12		professional conduct adopted by the Department.
13		(10) Failing to maintain the confidentiality of any
14		information received from a client, unless otherwise
15		authorized or required by law.
16		(10.5) Failure to maintain client records of services
17		provided and provide copies to clients upon request.
18		(11) Exploiting a client for personal advantage,
19		profit, or interest.
20		(12) Habitual or excessive use or addiction to alcohol,
21		narcotics, stimulants, or any other chemical agent or drug
22		which results in inability to practice with reasonable
23		skill, judgment, or safety.
24		(13) Discipline by another governmental agency or unit
25		of government, by any jurisdiction of the United States, or
26		by a foreign nation, if at least one of the grounds for the

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1		discipline is the same or substantially equivalent to those
2		set forth in this Section.
3		(14) Directly or indirectly giving to or receiving from
4		any person, firm, corporation, partnership, or association
5		any fee, commission, rebate, or other form of compensation
6		for any professional service not actually rendered.
7		Nothing in this paragraph (14) affects any bona fide
8		independent contractor or employment arrangements among
9		health care professionals, health facilities, health care
10		providers, or other entities, except as otherwise
11		prohibited by law. Any employment arrangements may include
12		provisions for compensation, health insurance, pension, or
13		other employment benefits for the provision of services
14		within the scope of the licensee's practice under this Act.
15		Nothing in this paragraph (14) shall be construed to
16		require an employment arrangement to receive professional
17		fees for services rendered.
18		(15) A finding by the Department that the licensee,
19		after having the license placed on probationary status has
20		violated the terms of probation.
21		(16) Failing to refer a client to other health care
22		professionals when the licensee is unable or unwilling to
23		adequately support or serve the client.
24		(17) Willfully filing false reports relating to a
25		licensee's practice, including but not limited to false
26		records filed with federal or State agencies or

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1		departments.
2		(18) Willfully failing to report an instance of
3		suspected child abuse or neglect as required by the Abused
4		and Neglected Child Reporting Act.
5		(19) Being named as a perpetrator in an indicated
6		report by the Department of Children and Family Services
7		pursuant to the Abused and Neglected Child Reporting Act,
8		and upon proof by clear and convincing evidence that the
9		licensee has caused a child to be an abused child or
10		neglected child as defined in the Abused and Neglected
11		Child Reporting Act.
12		(20) Physical or mental disability, including
13		deterioration through the aging process or loss of
14		abilities and skills which results in the inability to
15		practice the profession with reasonable judgment, skill,
16		or safety.
17		(21) Solicitation of professional services by using
18		false or misleading advertising.
19		(22) Failure to file a return, or to pay the tax,
20		penalty of interest shown in a filed return, or to pay any
21		final assessment of tax, penalty or interest, as required
22		by any tax Act administered by the Illinois Department of
23		Revenue or any successor agency or the Internal Revenue
24		Service or any successor agency.
25		(23) Fraud or making any misrepresentation in applying
26		for or procuring a license under this Act or in connection

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1		with applying for renewal of a license under this Act.
2		(24) Practicing or attempting to practice under a name
3		other than the full name as shown on the license or any
4		other legally authorized name.
5		(25) Gross overcharging for professional services,
6		including filing statements for collection of fees or
7		monies for which services are not rendered.
8		(26) (Blank).
9		(27) Charging for professional services not rendered,
10		including filing false statements for the collection of
11		fees for which services are not rendered.
12		(28) Allowing one's license under this Act to be used
13		by an unlicensed person in violation of this Act.
14		(b) The Department shall deny, without hearing, any
15		application or renewal for a license under this Act to any
16		person who has defaulted on an educational loan guaranteed by
17		the Illinois Student State Assistance Commission; however, the
18		Department may issue a license or renewal if the person in
19		default has established a satisfactory repayment record as
20		determined by the Illinois Student Assistance Commission.
21		(c) The determination by a court that a licensee is subject
22		to involuntary admission or judicial admission as provided in
23		the Mental Health and Developmental Disabilities Code will
24		result in an automatic suspension of his or her license. The
25		suspension will end upon a finding by a court that the licensee
26		is no longer subject to involuntary admission or judicial

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1		admission, the issuance of an order so finding and discharging
2		the patient, and the determination of the Secretary that the
3		licensee be allowed to resume professional practice.
4		(d) The Department may refuse to issue or renew or may
5		suspend without hearing the license of any person who fails to
6		file a return, to pay the tax penalty or interest shown in a
7		filed return, or to pay any final assessment of the tax,
8		penalty, or interest as required by any Act regarding the
9		payment of taxes administered by the Illinois Department of
10		Revenue until the requirements of the Act are satisfied in
11		accordance with subsection (g) of Section 2105-15 of the Civil
12		Administrative Code of Illinois.
13		(e) In cases where the Department of Healthcare and Family
14		Services has previously determined that a licensee or a
15		potential licensee is more than 30 days delinquent in the
16		payment of child support and has subsequently certified the
17		delinquency to the Department, the Department may refuse to
18		issue or renew or may revoke or suspend that person's license
19		or may take other disciplinary action against that person based
20		solely upon the certification of delinquency made by the
21		Department of Healthcare and Family Services in accordance with
22		item (5) of subsection (a) of Section 2105-15 of the Department
23		of Professional Regulation Law of the Civil Administrative Code
24		of Illinois.
25		(f) All fines or costs imposed under this Section shall be
26		paid within 60 days after the effective date of the order

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1		imposing the fine or costs or in accordance with the terms set
2		forth in the order imposing the fine.
3		(Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15;
4		99-633, eff. 1-1-17; revised 10-27-16.)
5		Section 510. The Private Sewage Disposal Licensing Act is
6		amended by changing Section 5 as follows:
7		(225 ILCS 225/5) (from Ch. 111 1/2, par. 116.305)
8		Sec. 5. (a) The Director shall issue a private sewage
9		system installation contractor license or a private sewage
10		disposal system pumping contractor license to persons applying
11		for such license who successfully pass a written examination
12		prepared by the Department and who pay the required annual
13		license fee in an amount determined by the Department. Each
14		person who holds a currently valid plumbing license issued
15		under the "Illinois Plumbing License Law", as now or hereafter
16		amended, shall not be required to pay the annual license fee
17		required by this Section, but such licensed person shall comply
18		with all other provisions of this Act, including the
19		requirement for examination for licensure.
20		(b) A license issued under this Act shall expire on
21		December 31 of the year issued, except that an original license
22		issued after October 1 and before December 31 shall expire on
23		December 31 of the following year.
24		The Department shall reinstate a license which expires

HB3855 Engrossed - 813 - LRB100 05985 AMC 16014 b
1		while a licensee is in the active military service of the
2		United States upon application to the Department by the former
3		licensee within 2 years after termination of such military
4		service, payment of the annual license fee, and submission of
5		evidence of such military service. Such license shall be
6		reinstated without examination and without payment of the
7		reinstatement fee.
8		(c) A private sewage disposal system pumping contractor or
9		a private sewage system installation contractor whose license
10		has expired for a period of less than 3 years may apply to the
11		Department for reinstatement of his license. The Department
12		shall issue such renewed license provided the applicant pays to
13		the Department all lapsed license fees, plus a reinstatement
14		fee determined by the Department. A license which has expired
15		for more than 3 years may be restored only by reapplying to
16		take the examination and by successfully passing the written
17		examination.
18		(Source: P.A. 85-1261; revised 9-14-16.)
19		Section 515. The Structural Pest Control Act is amended by
20		changing Section 3.14 as follows:
21		(225 ILCS 235/3.14) (from Ch. 111 1/2, par. 2203.14)
22		(Section scheduled to be repealed on December 31, 2019)
23		Sec. 3.14. "Restricted Pesticide" means any substance or
24		mixture of substances intended for preventing, destroying,

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1		repelling, or mitigating any pest, the use of which has been
2		categorized as restricted under subparagraph (C) of paragraph
3		(1) of subsection (d) of Section 3 of the Federal Insecticide,
4		Fungicide, and Rodenticide Act as amended or under the Illinois
5		Pesticide Act.
6		(Source: P.A. 85-177; reenacted by P.A. 95-786, eff. 8-7-08;
7		revised 9-14-16.)
8		Section 520. The Interior Design Title Act is amended by
9		changing Section 21 as follows:
10		(225 ILCS 310/21) (from Ch. 111, par. 8221)
11		(Section scheduled to be repealed on January 1, 2022)
12		Sec. 21. Administrative Review Law. All final
13		administrative decisions decision of the Department are
14		subject to judicial review under the Administrative Review Law
15		and its rules. The term "administrative decision" is defined as
16		in Section 3-101 of the Code of Civil Procedure.
17		Proceedings for judicial review shall be commenced in the
18		circuit court of the county in which the party applying for
19		review resides, but if the party is not a resident of this
20		State, the venue shall be in Sangamon County.
21		The Department shall not be required to certify any record
22		to the court or file any answer in court or otherwise appear in
23		any court in a judicial review proceeding, unless there is
24		filed in the court with the complaint a receipt from the

HB3855 Engrossed - 815 - LRB100 05985 AMC 16014 b
1		Department acknowledging payment of the costs of furnishing and
2		certifying the record. Exhibits shall be certified without
3		cost. Failure on the part of the plaintiff to file a receipt in
4		court shall be grounds for dismissal of the action. During the
5		pendency and hearing of any and all judicial proceedings
6		incident to a disciplinary action, any sanctions imposed upon
7		the registrant by the Department shall remain in full force and
8		effect.
9		(Source: P.A. 86-1404; 87-1031; revised 9-14-16.)
10		Section 525. The Illinois Plumbing License Law is amended
11		by changing Section 3 as follows:
12		(225 ILCS 320/3) (from Ch. 111, par. 1103)
13		Sec. 3. (1) All planning and designing of plumbing systems
14		and all plumbing shall be performed only by plumbers licensed
15		under the provisions of this Act hereinafter called "licensed
16		plumbers" and "licensed apprentice plumbers". The inspection
17		of plumbing and plumbing systems shall be done only by the
18		sponsor or his or her agent who shall be an Illinois licensed
19		plumber. Nothing herein contained shall prohibit licensed
20		plumbers or licensed apprentice plumbers under supervision
21		from planning, designing, inspecting, installing, repairing,
22		maintaining, altering or extending building sewers in
23		accordance with this Act. No person who holds a license or
24		certificate of registration under the Illinois Architecture

HB3855 Engrossed - 816 - LRB100 05985 AMC 16014 b
1		Practice Act of 1989, or the Structural Engineering Practice
2		Act of 1989, or the Professional Engineering Practice Act of
3		1989 shall be prevented from planning and designing plumbing
4		systems. Each licensed plumber shall, as a condition of each
5		annual license renewal after the first license, provide proof
6		of completion of 4 hours of continuing education. Sponsors of
7		continuing education shall meet the criteria provided by the
8		Board of Plumbing Examiners and Plumbing Code advisory council.
9		Continuing education courses shall provide instruction in
10		plumbing, which is supervised directly by an Illinois licensed
11		plumber only.
12		(2) Nothing herein contained shall prohibit the owner
13		occupant or lessee occupant of a single family residence, or
14		the owner of a single family residence under construction for
15		his or her occupancy, from planning, installing, altering or
16		repairing the plumbing system of such residence, provided that
17		(i) such plumbing shall comply with the minimum standards for
18		plumbing contained in the Illinois State Plumbing Code, and
19		shall be subject to inspection by the Department or the local
20		governmental unit if it retains a licensed plumber as an
21		inspector; and (ii) such owner, owner occupant or lessee
22		occupant shall not employ other than a plumber licensed
23		pursuant to this Act to assist him or her.
24		For purposes of this subsection, a person shall be
25		considered an "occupant" if and only if he or she has taken
26		possession of and is living in the premises as his or her bona

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1		fide sole and exclusive residence, or, in the case of an owner
2		of a single family residence under construction for his or her
3		occupancy, he or she expects to take possession of and live in
4		the premises as his or her bona fide sole and exclusive
5		residence, and he or she has a current intention to live in
6		such premises as his or her bona fide sole and exclusive
7		residence for a period of not less than 6 months after the
8		completion of the plumbing work performed pursuant to the
9		authorization of this subsection, or, in the case of an owner
10		of a single family residence under construction for his or her
11		occupancy, for a period of not less than 6 months after the
12		completion of construction of the residence. Failure to possess
13		and live in the premises as a sole and exclusive residence for
14		a period of 6 months or more shall create a rebuttable
15		presumption of a lack of such intention.
16		(3) The employees of a firm, association, partnership or
17		corporation who engage in plumbing shall be licensed plumbers
18		or licensed apprentice plumbers. At least one member of every
19		firm, association or partnership engaged in plumbing work, and
20		at least one corporate officer of every corporation engaged in
21		plumbing work, as the case may be, shall be a licensed plumber.
22		A retired plumber cannot fulfill the requirements of this
23		subsection (3). Plumbing contractors are also required to be
24		registered pursuant to the provisions of this Act.
25		Notwithstanding the provisions of this subsection (3), it
26		shall be lawful for an irrigation contractor registered under

HB3855 Engrossed - 818 - LRB100 05985 AMC 16014 b
1		Section 2.5 of this Act to employ or contract with one or more
2		licensed plumbers in connection with work on lawn sprinkler
3		systems pursuant to Section 2.5 of this Act.
4		(4)(a) A licensed apprentice plumber shall plan, design and
5		install plumbing only under the supervision of the sponsor or
6		his or her agent who is also an Illinois licensed plumber.
7		(b) An applicant for licensing as an apprentice plumber
8		shall be at least 16 years of age and apply on the application
9		form provided by the Department. Such application shall verify
10		that the applicant is sponsored by an Illinois licensed plumber
11		or an approved apprenticeship program and shall contain the
12		name and license number of the licensed plumber or program
13		sponsor.
14		(c) No licensed plumber shall sponsor more than 2 licensed
15		apprentice plumbers at the same time. If 2 licensed apprentice
16		plumbers are sponsored by a plumber at the same time, one of
17		the apprentices must have, at a minimum, 2 years experience as
18		a licensed apprentice. No licensed plumber sponsor or his or
19		her agent may supervise 2 licensed apprentices with less than 2
20		years experience at the same time. The sponsor or agent shall
21		supervise and be responsible for the plumbing performed by a
22		licensed apprentice.
23		(d) No agent shall supervise more than 2 licensed
24		apprentices at the same time.
25		(e) No licensed plumber may, in any capacity, supervise
26		more than 2 licensed apprentice plumbers at the same time.

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1		(f) No approved apprenticeship program may sponsor more
2		licensed apprentices than 2 times the number of licensed
3		plumbers available to supervise those licensed apprentices.
4		(g) No approved apprenticeship program may sponsor more
5		licensed apprentices with less than 2 years experience than it
6		has licensed plumbers available to supervise those licensed
7		apprentices.
8		(h) No individual shall work as an apprentice plumber
9		unless he or she is properly licensed under this Act. The
10		Department shall issue an apprentice plumber's license to each
11		approved applicant.
12		(i) No licensed apprentice plumber shall serve more than a
13		6 year licensed apprenticeship period. If, upon completion of a
14		6 year licensed apprenticeship period, such licensed
15		apprentice plumber does not apply for the examination for a
16		plumber's license and successfully pass the examination for a
17		plumber's license, his or her apprentice plumber's license
18		shall not be renewed.
19		Nothing contained in Public Act P.A. 83-878, entitled "An
20		Act in relation to professions", approved September 26, 1983,
21		was intended by the General Assembly nor should it be construed
22		to require the employees of a governmental unit or privately
23		owned municipal water supplier who operate, maintain or repair
24		a water or sewer plant facility which is owned or operated by
25		such governmental unit or privately owned municipal water
26		supplier to be licensed plumbers under this Act. In addition,

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1		nothing contained in Public Act P.A. 83-878 was intended by the
2		General Assembly nor should it be construed to permit persons
3		other than licensed plumbers to perform the installation,
4		repair, maintenance or replacement of plumbing fixtures, such
5		as toilet facilities, floor drains, showers and lavatories, and
6		the piping attendant to those fixtures, within such facility or
7		in the construction of a new facility.
8		Nothing contained in Public Act P.A. 83-878, entitled "An
9		Act in relation to professions", approved September 26, 1983,
10		was intended by the General Assembly nor should it be construed
11		to require the employees of a governmental unit or privately
12		owned municipal water supplier who install, repair or maintain
13		water service lines from water mains in the street, alley or
14		curb line to private property lines and who install, repair or
15		maintain water meters to be licensed plumbers under this Act if
16		such work was customarily performed prior to the effective date
17		of such Act by employees of such governmental unit or privately
18		owned municipal water supplier who were not licensed plumbers.
19		Any such work which was customarily performed prior to the
20		effective date of such Act by persons who were licensed
21		plumbers or subcontracted to persons who were licensed plumbers
22		must continue to be performed by persons who are licensed
23		plumbers or subcontracted to persons who are licensed plumbers.
24		When necessary under this Act, the Department shall make the
25		determination whether or not persons who are licensed plumbers
26		customarily performed such work.

HB3855 Engrossed - 821 - LRB100 05985 AMC 16014 b
1		(Source: P.A. 99-504, eff. 1-1-17; revised 9-14-16.)
2		Section 530. The Community Association Manager Licensing
3		and Disciplinary Act is amended by changing Section 10 as
4		follows:
5		(225 ILCS 427/10)
6		(Section scheduled to be repealed on January 1, 2020)
7		Sec. 10. Definitions. As used in this Act:
8		"Address of record" means the designated address recorded
9		by the Department in the applicant's or licensee's application
10		file or license file maintained by the Department's licensure
11		maintenance unit. It is the duty of the applicant or licensee
12		to inform the Department of any change of address, and such
13		changes must be made either through the Department's website or
14		by contacting the Department's licensure maintenance unit.
15		"Advertise" means, but is not limited to, issuing or
16		causing to be distributed any card, sign or device to any
17		person; or causing, permitting or allowing any sign or marking
18		on or in any building, structure, newspaper, magazine or
19		directory, or on radio or television; or advertising by any
20		other means designed to secure public attention.
21		"Board" means the Illinois Community Association Manager
22		Licensing and Disciplinary Board.
23		"Community association" means an association in which
24		membership is a condition of ownership or shareholder interest

HB3855 Engrossed - 822 - LRB100 05985 AMC 16014 b
1		of a unit in a condominium, cooperative, townhouse, villa, or
2		other residential unit which is part of a residential
3		development plan and that is authorized to impose an
4		assessment, rents, or other costs that may become a lien on the
5		unit or lot.
6		"Community association funds" means any assessments, fees,
7		fines, or other funds collected by the community association
8		manager from the community association, or its members, other
9		than the compensation paid to the community association manager
10		for performance of community association management services.
11		"Community association management firm" means a company,
12		corporation, limited liability company, or other entity that
13		engages in community association management services.
14		"Community association management services" means those
15		services listed in the definition of community association
16		manager in this Section.
17		"Community association manager" means an individual who
18		administers for remuneration the financial, administrative,
19		maintenance, or other duties for the community association,
20		including the following services: (A) collecting, controlling
21		or disbursing funds of the community association or having the
22		authority to do so; (B) preparing budgets or other financial
23		documents for the community association; (C) assisting in the
24		conduct of community association meetings; (D) maintaining
25		association records; and (E) administrating association
26		contracts, as stated in the declaration, bylaws, proprietary

HB3855 Engrossed - 823 - LRB100 05985 AMC 16014 b
1		lease, declaration of covenants, or other governing document of
2		the community association. "Community association manager"
3		does not mean support staff, including, but not limited to
4		bookkeepers, administrative assistants, secretaries, property
5		inspectors, or customer service representatives.
6		"Department" means the Department of Financial and
7		Professional Regulation.
8		"License" means the license issued to a person,
9		corporation, partnership, limited liability company, or other
10		legal entity under this Act to provide community association
11		management services.
12		"Person" means any individual, corporation, partnership,
13		limited liability company, or other legal entity.
14		"Secretary" means the Secretary of Financial and
15		Professional Regulation.
16		"Supervising community association manager" means an
17		individual licensed as a community association manager who
18		manages and supervises a firm.
19		(Source: P.A. 98-365, eff. 1-1-14; revised 10-27-16.)
20		Section 535. The Detection of Deception Examiners Act is
21		amended by changing Section 7.1 as follows:
22		(225 ILCS 430/7.1) (from Ch. 111, par. 2408)
23		(Section scheduled to be repealed on January 1, 2022)
24		Sec. 7.1. Administrative Procedure Act. The Illinois

HB3855 Engrossed - 824 - LRB100 05985 AMC 16014 b
1		Administrative Procedure Act is hereby expressly adopted and
2		incorporated herein as if all of the provisions of that Act
3		were included in this Act, except that the provision of
4		subsection (d) of Section 10-65 of the Illinois Administrative
5		Procedure Act that provides that at hearings the licensee has
6		the right to show compliance with all lawful requirements for
7		retention, continuation, or renewal of the license is
8		specifically excluded. For the purposes of this Act, the notice
9		required under Section 10-25 of the Illinois Administrative
10		Procedure Act is deemed sufficient when mailed to the last
11		known address of a party.
12		(Source: P.A. 88-45; revised 9-14-16.)
13		Section 540. The Real Estate Appraiser Licensing Act of
14		2002 is amended by changing Section 5-15 as follows:
15		(225 ILCS 458/5-15)
16		(Section scheduled to be repealed on January 1, 2022)
17		Sec. 5-15. Application for State certified residential
18		real estate appraiser. (a) Every person who desires to obtain a
19		State certified residential real estate appraiser license
20		shall:
21		(1) apply to the Department on forms provided by the
22		Department accompanied by the required fee;
23		(2) be at least 18 years of age;
24		(3) (blank);

HB3855 Engrossed - 825 - LRB100 05985 AMC 16014 b
1		(4) personally take and pass an examination authorized
2		by the Department and endorsed by the AQB;
3		(5) prior to taking the examination, provide evidence
4		to the Department, in Modular Course format, with each
5		module conforming to the Required Core Curriculum
6		established and adopted by the AQB, that he or she has
7		successfully completed the prerequisite classroom hours of
8		instruction in appraising as established by the AQB and by
9		rule; and
10		(6) prior to taking the examination, provide evidence
11		to the Department that he or she has successfully completed
12		the prerequisite experience and educational requirements
13		as established by AQB and by rule.
14		(Source: P.A. 98-1109, eff. 1-1-15; revised 9-16-16.)
15		Section 545. The Solicitation for Charity Act is amended by
16		changing Section 4 as follows:
17		(225 ILCS 460/4) (from Ch. 23, par. 5104)
18		Sec. 4. (a) Every charitable organization registered
19		pursuant to Section 2 of this Act which shall receive in any
20		12-month 12 month period ending upon its established fiscal or
21		calendar year contributions in excess of $300,000 and every
22		charitable organization whose fund raising functions are not
23		carried on solely by staff employees or persons who are unpaid
24		for such services, if the organization shall receive in any

HB3855 Engrossed - 826 - LRB100 05985 AMC 16014 b
1		12-month 12 month period ending upon its established fiscal or
2		calendar year contributions in excess of $25,000, shall file a
3		written report with the Attorney General upon forms prescribed
4		by him, on or before June 30 of each year if its books are kept
5		on a calendar basis, or within 6 months after the close of its
6		fiscal year if its books are kept on a fiscal year basis, which
7		written report shall include a financial statement covering the
8		immediately preceding 12-month 12 month period of operation.
9		Such financial statement shall include a balance sheet and
10		statement of income and expense, and shall be consistent with
11		forms furnished by the Attorney General clearly setting forth
12		the following: gross receipts and gross income from all
13		sources, broken down into total receipts and income from each
14		separate solicitation project or source; cost of
15		administration; cost of solicitation; cost of programs
16		designed to inform or educate the public; funds or properties
17		transferred out of this State, with explanation as to recipient
18		and purpose; cost of fundraising; compensation paid to
19		trustees; and total net amount disbursed or dedicated for each
20		major purpose, charitable or otherwise. Such report shall also
21		include a statement of any changes in the information required
22		to be contained in the registration form filed on behalf of
23		such organization. The report shall be signed by the president
24		or other authorized officer and the chief fiscal officer of the
25		organization who shall certify that the statements therein are
26		true and correct to the best of their knowledge, and shall be

HB3855 Engrossed - 827 - LRB100 05985 AMC 16014 b
1		accompanied by an opinion signed by an independent certified
2		public accountant that the financial statement therein fairly
3		represents the financial operations of the organization in
4		sufficient detail to permit public evaluation of its
5		operations. Said opinion may be relied upon by the Attorney
6		General.
7		(b) Every organization registered pursuant to Section 2 of
8		this Act which shall receive in any 12-month 12 month period
9		ending upon its established fiscal or calendar year of any year
10		contributions:
11		(1) in excess of $15,000, but not in excess of $25,000,
12		during a fiscal year shall file only a simplified summary
13		financial statement disclosing only the gross receipts,
14		total disbursements, and assets on hand at the end of the
15		year on forms prescribed by the Attorney General; or
16		(2) in excess of $25,000, but not in excess of
17		$300,000, if it is not required to submit a report under
18		subsection (a) of this Section, shall file a written report
19		with the Attorney General upon forms prescribed by him, on
20		or before June 30 of each year if its books are kept on a
21		calendar basis, or within 6 months after the close of its
22		fiscal year if its books are kept on a fiscal year basis,
23		which shall include a financial statement covering the
24		immediately preceding 12-month period of operation limited
25		to a statement of such organization's gross receipts from
26		contributions, the gross amount expended for charitable

HB3855 Engrossed - 828 - LRB100 05985 AMC 16014 b
1		educational programs, other charitable programs,
2		management expense, and fund raising expenses including a
3		separate statement of the cost of any goods, services or
4		admissions supplied as part of its solicitations, and the
5		disposition of the net proceeds from contributions,
6		including compensation paid to trustees, consistent with
7		forms furnished by the Attorney General. Such report shall
8		also include a statement of any changes in the information
9		required to be contained in the registration form filed on
10		behalf of such organization. The report shall be signed by
11		the president or other authorized officer and the chief
12		fiscal officer of the organization who shall certify that
13		the statements therein are true and correct to the best of
14		their knowledge.
15		(c) For any fiscal or calendar year of any organization
16		registered pursuant to Section 2 of this Act in which such
17		organization would have been exempt from registration pursuant
18		to Section 3 of this Act if it had not been so registered, or in
19		which it did not solicit or receive contributions, such
20		organization shall file, on or before June 30 of each year if
21		its books are kept on a calendar basis, or within 6 months
22		after the close of its fiscal year if its books are kept on a
23		fiscal year basis, instead of the reports required by
24		subdivisions (a) or (b) of this Section, a statement certified
25		under penalty of perjury by its president and chief fiscal
26		officer stating the exemption and the facts upon which it is

HB3855 Engrossed - 829 - LRB100 05985 AMC 16014 b
1		based or that such organization did not solicit or receive
2		contributions in such fiscal year. The statement shall also
3		include a statement of any changes in the information required
4		to be contained in the registration form filed on behalf of
5		such organization.
6		(d) As an alternative means of satisfying the duties and
7		obligations otherwise imposed by this Section, any veterans
8		organization chartered or incorporated under federal law and
9		any veterans organization which is affiliated with, and
10		recognized in the bylaws of, a congressionally chartered or
11		incorporated organization may, at its option, annually file
12		with the Attorney General the following documents:
13		(1) A copy of its Form 990, as filed with the Internal
14		Revenue Service.
15		(2) Copies of any reports required to be filed by the
16		affiliate with the congressionally chartered or
17		incorporated veterans organization, as well as copies of
18		any reports filed by the congressionally chartered or
19		incorporated veterans organization with the government of
20		the United States pursuant to federal law.
21		(3) Copies of all contracts entered into by the
22		congressionally chartered or incorporated veterans
23		organization or its affiliate for purposes of raising funds
24		in this State, such copies to be filed with the Attorney
25		General no more than 30 days after execution of the
26		contracts.

HB3855 Engrossed - 830 - LRB100 05985 AMC 16014 b
1		(e) As an alternative means of satisfying all of the duties
2		and obligations otherwise imposed by this Section, any person,
3		pursuant to a contract with a charitable organization, a
4		veterans organization or an affiliate described or referred to
5		in subsection (d), who receives, collects, holds or transports
6		as the agent of the organization or affiliate for purposes of
7		resale any used or second hand personal property, including but
8		not limited to household goods, furniture or clothing donated
9		to the organization or affiliate may, at its option, annually
10		file with the Attorney General the following documents,
11		accompanied by an annual filing fee of $15:
12		(1) A notarized report including the number of
13		donations of personal property it has received on behalf of
14		the charitable organization, veterans organization or
15		affiliate during the preceding proceeding year. For
16		purposes of this report, the number of donations of
17		personal property shall refer to the number of stops or
18		pickups made regardless of the number of items received at
19		each stop or pickup. The report may cover the person's
20		fiscal year, in which case it shall be filed with the
21		Attorney General no later than 90 days after the close of
22		that fiscal year.
23		(2) All contracts with the charitable organization,
24		veterans organization or affiliate under which the person
25		has acted as an agent for the purposes listed above.
26		(3) All contracts by which the person agreed to pay the

HB3855 Engrossed - 831 - LRB100 05985 AMC 16014 b
1		charitable organization, veterans organization or
2		affiliate a fixed amount for, or a fixed percentage of the
3		value of, each donation of used or second hand personal
4		property. Copies of all such contracts shall be filed no
5		later than 30 days after they are executed.
6		(f) The Attorney General may seek appropriate equitable
7		relief from a court or, in his discretion, cancel the
8		registration of any organization which fails to comply with
9		subdivision (a), (b), or (c) of this Section within the time
10		therein prescribed, or fails to furnish such additional
11		information as is requested by the Attorney General within the
12		required time; except that the time may be extended by the
13		Attorney General for a period not to exceed 60 days upon a
14		timely written request and for good cause stated. Unless
15		otherwise stated herein, the Attorney General shall, by rule,
16		set forth the standards used to determine whether a
17		registration shall be cancelled as authorized by this
18		subsection. Such standards shall be stated as precisely and
19		clearly as practicable, to inform fully those persons affected.
20		Notice of such cancellation shall be mailed to the registrant
21		at least 15 days before the effective date thereof.
22		(g) The Attorney General in his discretion may, pursuant to
23		rule, accept executed copies of federal Internal Revenue
24		returns and reports as a portion of the foregoing annual
25		reporting in the interest of minimizing paperwork, except there
26		shall be no substitute for the independent certified public

HB3855 Engrossed - 832 - LRB100 05985 AMC 16014 b
1		accountant audit opinion required by this Act.
2		(h) The Attorney General after canceling the registration
3		of any trust or organization which fails to comply with this
4		Section within the time therein prescribed may by court
5		proceedings, in addition to all other relief, seek to collect
6		the assets and distribute such under court supervision to other
7		charitable purposes.
8		(i) Every trustee, person, and organization required to
9		file an annual report shall pay a filing fee of $15 with each
10		annual financial report filed pursuant to this Section. If a
11		proper and complete annual report is not timely filed, a late
12		filing fee of an additional $100 is imposed and shall be paid
13		as a condition of filing a late report. Reports submitted
14		without the proper fee shall not be accepted for filing.
15		Payment of the late filing fee and acceptance by the Attorney
16		General shall both be conditions of filing a late report. All
17		late filing fees shall be used to provide charitable trust
18		enforcement and dissemination of charitable trust information
19		to the public and shall be maintained in a separate fund for
20		such purpose known as the Illinois Charity Bureau Fund.
21		(j) There is created hereby a separate special fund in the
22		State Treasury to be known as the Illinois Charity Bureau Fund.
23		That Fund shall be under the control of the Attorney General,
24		and the funds, fees, and penalties deposited therein shall be
25		used by the Attorney General to enforce the provisions of this
26		Act and to gather and disseminate information about charitable

HB3855 Engrossed - 833 - LRB100 05985 AMC 16014 b
1		trustees and organizations to the public.
2		(Source: P.A. 96-488, eff. 1-1-10; revised 10-27-16.)
3		Section 550. The Coal Mining Act is amended by changing
4		Section 25.05 as follows:
5		(225 ILCS 705/25.05) (from Ch. 96 1/2, par. 2505)
6		Sec. 25.05. The person to whom multi-gas detectors are
7		given shall be responsible for the condition and proper use of
8		the multi-gas detectors while in their possession.
9		(Source: P.A. 99-538, eff. 1-1-17; revised 9-16-16.)
10		Section 555. The Surface-Mined Land Conservation and
11		Reclamation Act is amended by changing Section 8 as follows:
12		(225 ILCS 715/8) (from Ch. 96 1/2, par. 4509)
13		Sec. 8. Bond of operator; amount; sufficiency of surety;
14		violations; compliance. Any bond herein provided to be filed
15		with the Department by the operator shall be in such form as
16		the Director prescribes, payable to the People of the State of
17		Illinois, conditioned that the operator shall faithfully
18		perform all requirements of this Act and comply with all rules
19		of the Department made in accordance with the provisions of
20		this Act. Such bond shall be signed by the operator as
21		principal, and by a good and sufficient corporate surety,
22		licensed to do business in Illinois, as surety. The penalty of

HB3855 Engrossed - 834 - LRB100 05985 AMC 16014 b
1		such bond shall be an amount between $600 and $10,000 per acre
2		as determined by the Director for lands to be affected by
3		surface mining, including slurry and gob disposal areas. Under
4		circumstances where a written agreement between the operator
5		and a third party requires require overburden to be removed,
6		replaced, graded, and seeded in a manner that the necessary
7		bond penalty exceeds $10,000 per acre, the Department shall
8		require a bond amount sufficient to ensure the completion of
9		the reclamation plan specified in the approved permit in the
10		event of forfeiture. In no case shall the bond for the entire
11		area under one permit be less than $600 per acre or $3,000,
12		whichever is greater. Areas used for the disposal of slurry and
13		gob shall continue under bond so long as they are in active
14		use. In lieu of such bonds, the operator may deposit any
15		combination of cash, certificates of deposits, government
16		securities, or irrevocable letters of credit with the
17		Department in an amount equal to that of the required surety
18		bond on conditions as prescribed in this Section. The penalty
19		of the bond or amount of other security shall be increased or
20		reduced from time to time as provided in this Act. Such bond or
21		security shall remain in effect until the affected lands have
22		been reclaimed, approved, and released by the Department except
23		that when the Department determines that grading and covering
24		with materials capable of supporting vegetation in accordance
25		with the plan has been satisfactorily completed, the Department
26		shall release the bond or security except the amount of $100

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1		per acre which shall be retained by the Department until the
2		reclamation according to Section 6 of this Act has been
3		completed. Where an anticipated water impoundment has been
4		approved by the Department in the reclamation plan, and the
5		Department determines the impoundment will be satisfactorily
6		completed upon completion of the operation, the bond covering
7		such anticipated water impoundment area shall be released.
8		A bond filed as above prescribed shall not be cancelled by
9		the surety except after not less than 90 days' notice to the
10		Department.
11		If the license to do business in Illinois of any surety
12		upon a bond filed with the Department pursuant to this Act
13		shall be suspended or revoked, the operator, within 30 days
14		after receiving notice thereof from the Department, shall
15		substitute for such surety a good and sufficient corporate
16		surety licensed to do business in Illinois. Upon failure of the
17		operator to make substitution of surety as herein provided, the
18		Department shall have the right to suspend the permit of the
19		operator until such substitution has been made.
20		The Department shall give written notice to the operator of
21		any violation of this Act or non-compliance with any of the
22		rules and regulations promulgated by the Department hereunder
23		and if corrective measures, approved by the Department, are not
24		commenced within 45 days, the Department may proceed as
25		provided in Section 11 of this Act to request forfeiture of the
26		bond or security. The forfeiture shall be the amount of bond or

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1		security in effect at the time of default for each acre or
2		portion thereof with respect to which the operator has
3		defaulted. Such forfeiture shall fully satisfy all obligations
4		of the operator to reclaim the affected land under the
5		provisions of this Act.
6		The Department shall have the power to reclaim, in keeping
7		with the provisions of this Act, any affected land with respect
8		to which a bond has been forfeited.
9		Whenever an operator shall have completed all requirements
10		under the provisions of this Act as to any affected land, he
11		shall notify the Department thereof. If the Department
12		determines that the operator has completed reclamation
13		requirements and refuse disposal requirements and has achieved
14		results appropriate to the use for which the area was
15		reclaimed, the Department shall release the operator from
16		further obligations regarding such affected land and the
17		penalty of the bond shall be reduced proportionately.
18		Bonding aggregate mining operations under permit by the
19		State is an exclusive power and function of the State. A home
20		rule unit may not require bonding of aggregate mining
21		operations under permit by the State. This provision is a
22		denial and limitation of home rule powers and functions under
23		subsection (h) of Section 6 of Article VII of the Illinois
24		Constitution of 1970.
25		(Source: P.A. 99-224, eff. 1-1-16; revised 9-16-16.)

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1		Section 560. The Illinois Horse Racing Act of 1975 is
2		amended by changing Sections 26, 26.2, 32.1, and 40 as follows:
3		(230 ILCS 5/26) (from Ch. 8, par. 37-26)
4		Sec. 26. Wagering.
5		(a) Any licensee may conduct and supervise the pari-mutuel
6		system of wagering, as defined in Section 3.12 of this Act, on
7		horse races conducted by an Illinois organization licensee or
8		conducted at a racetrack located in another state or country
9		and televised in Illinois in accordance with subsection (g) of
10		Section 26 of this Act. Subject to the prior consent of the
11		Board, licensees may supplement any pari-mutuel pool in order
12		to guarantee a minimum distribution. Such pari-mutuel method of
13		wagering shall not, under any circumstances if conducted under
14		the provisions of this Act, be held or construed to be
15		unlawful, other statutes of this State to the contrary
16		notwithstanding. Subject to rules for advance wagering
17		promulgated by the Board, any licensee may accept wagers in
18		advance of the day of the race wagered upon occurs.
19		(b) No other method of betting, pool making, wagering or
20		gambling shall be used or permitted by the licensee. Each
21		licensee may retain, subject to the payment of all applicable
22		taxes and purses, an amount not to exceed 17% of all money
23		wagered under subsection (a) of this Section, except as may
24		otherwise be permitted under this Act.
25		(b-5) An individual may place a wager under the pari-mutuel

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1		system from any licensed location authorized under this Act
2		provided that wager is electronically recorded in the manner
3		described in Section 3.12 of this Act. Any wager made
4		electronically by an individual while physically on the
5		premises of a licensee shall be deemed to have been made at the
6		premises of that licensee.
7		(c) Until January 1, 2000, the sum held by any licensee for
8		payment of outstanding pari-mutuel tickets, if unclaimed prior
9		to December 31 of the next year, shall be retained by the
10		licensee for payment of such tickets until that date. Within 10
11		days thereafter, the balance of such sum remaining unclaimed,
12		less any uncashed supplements contributed by such licensee for
13		the purpose of guaranteeing minimum distributions of any
14		pari-mutuel pool, shall be paid to the Illinois Veterans'
15		Rehabilitation Fund of the State treasury, except as provided
16		in subsection (g) of Section 27 of this Act.
17		(c-5) Beginning January 1, 2000, the sum held by any
18		licensee for payment of outstanding pari-mutuel tickets, if
19		unclaimed prior to December 31 of the next year, shall be
20		retained by the licensee for payment of such tickets until that
21		date. Within 10 days thereafter, the balance of such sum
22		remaining unclaimed, less any uncashed supplements contributed
23		by such licensee for the purpose of guaranteeing minimum
24		distributions of any pari-mutuel pool, shall be evenly
25		distributed to the purse account of the organization licensee
26		and the organization licensee.

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1		(d) A pari-mutuel ticket shall be honored until December 31
2		of the next calendar year, and the licensee shall pay the same
3		and may charge the amount thereof against unpaid money
4		similarly accumulated on account of pari-mutuel tickets not
5		presented for payment.
6		(e) No licensee shall knowingly permit any minor, other
7		than an employee of such licensee or an owner, trainer, jockey,
8		driver, or employee thereof, to be admitted during a racing
9		program unless accompanied by a parent or guardian, or any
10		minor to be a patron of the pari-mutuel system of wagering
11		conducted or supervised by it. The admission of any
12		unaccompanied minor, other than an employee of the licensee or
13		an owner, trainer, jockey, driver, or employee thereof at a
14		race track is a Class C misdemeanor.
15		(f) Notwithstanding the other provisions of this Act, an
16		organization licensee may contract with an entity in another
17		state or country to permit any legal wagering entity in another
18		state or country to accept wagers solely within such other
19		state or country on races conducted by the organization
20		licensee in this State. Beginning January 1, 2000, these wagers
21		shall not be subject to State taxation. Until January 1, 2000,
22		when the out-of-State entity conducts a pari-mutuel pool
23		separate from the organization licensee, a privilege tax equal
24		to 7 1/2% of all monies received by the organization licensee
25		from entities in other states or countries pursuant to such
26		contracts is imposed on the organization licensee, and such

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1		privilege tax shall be remitted to the Department of Revenue
2		within 48 hours of receipt of the moneys from the simulcast.
3		When the out-of-State entity conducts a combined pari-mutuel
4		pool with the organization licensee, the tax shall be 10% of
5		all monies received by the organization licensee with 25% of
6		the receipts from this 10% tax to be distributed to the county
7		in which the race was conducted.
8		An organization licensee may permit one or more of its
9		races to be utilized for pari-mutuel wagering at one or more
10		locations in other states and may transmit audio and visual
11		signals of races the organization licensee conducts to one or
12		more locations outside the State or country and may also permit
13		pari-mutuel pools in other states or countries to be combined
14		with its gross or net wagering pools or with wagering pools
15		established by other states.
16		(g) A host track may accept interstate simulcast wagers on
17		horse races conducted in other states or countries and shall
18		control the number of signals and types of breeds of racing in
19		its simulcast program, subject to the disapproval of the Board.
20		The Board may prohibit a simulcast program only if it finds
21		that the simulcast program is clearly adverse to the integrity
22		of racing. The host track simulcast program shall include the
23		signal of live racing of all organization licensees. All
24		non-host licensees and advance deposit wagering licensees
25		shall carry the signal of and accept wagers on live racing of
26		all organization licensees. Advance deposit wagering licensees

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1		shall not be permitted to accept out-of-state wagers on any
2		Illinois signal provided pursuant to this Section without the
3		approval and consent of the organization licensee providing the
4		signal. For one year after August 15, 2014 (the effective date
5		of Public Act 98-968) this amendatory Act of the 98th General
6		Assembly, non-host licensees may carry the host track simulcast
7		program and shall accept wagers on all races included as part
8		of the simulcast program of horse races conducted at race
9		tracks located within North America upon which wagering is
10		permitted. For a period of one year after August 15, 2014 (the
11		effective date of Public Act 98-968) this amendatory Act of the
12		98th General Assembly, on horse races conducted at race tracks
13		located outside of North America, non-host licensees may accept
14		wagers on all races included as part of the simulcast program
15		upon which wagering is permitted. Beginning August 15, 2015
16		(one year after the effective date of Public Act 98-968) this
17		amendatory Act of the 98th General Assembly, non-host licensees
18		may carry the host track simulcast program and shall accept
19		wagers on all races included as part of the simulcast program
20		upon which wagering is permitted. All organization licensees
21		shall provide their live signal to all advance deposit wagering
22		licensees for a simulcast commission fee not to exceed 6% of
23		the advance deposit wagering licensee's Illinois handle on the
24		organization licensee's signal without prior approval by the
25		Board. The Board may adopt rules under which it may permit
26		simulcast commission fees in excess of 6%. The Board shall

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1		adopt rules limiting the interstate commission fees charged to
2		an advance deposit wagering licensee. The Board shall adopt
3		rules regarding advance deposit wagering on interstate
4		simulcast races that shall reflect, among other things, the
5		General Assembly's desire to maximize revenues to the State,
6		horsemen purses, and organizational licensees. However,
7		organization licensees providing live signals pursuant to the
8		requirements of this subsection (g) may petition the Board to
9		withhold their live signals from an advance deposit wagering
10		licensee if the organization licensee discovers and the Board
11		finds reputable or credible information that the advance
12		deposit wagering licensee is under investigation by another
13		state or federal governmental agency, the advance deposit
14		wagering licensee's license has been suspended in another
15		state, or the advance deposit wagering licensee's license is in
16		revocation proceedings in another state. The organization
17		licensee's provision of their live signal to an advance deposit
18		wagering licensee under this subsection (g) pertains to wagers
19		placed from within Illinois. Advance deposit wagering
20		licensees may place advance deposit wagering terminals at
21		wagering facilities as a convenience to customers. The advance
22		deposit wagering licensee shall not charge or collect any fee
23		from purses for the placement of the advance deposit wagering
24		terminals. The costs and expenses of the host track and
25		non-host licensees associated with interstate simulcast
26		wagering, other than the interstate commission fee, shall be

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1		borne by the host track and all non-host licensees incurring
2		these costs. The interstate commission fee shall not exceed 5%
3		of Illinois handle on the interstate simulcast race or races
4		without prior approval of the Board. The Board shall promulgate
5		rules under which it may permit interstate commission fees in
6		excess of 5%. The interstate commission fee and other fees
7		charged by the sending racetrack, including, but not limited
8		to, satellite decoder fees, shall be uniformly applied to the
9		host track and all non-host licensees.
10		Notwithstanding any other provision of this Act, through
11		December 31, 2018, an organization licensee, with the consent
12		of the horsemen association representing the largest number of
13		owners, trainers, jockeys, or standardbred drivers who race
14		horses at that organization licensee's racing meeting, may
15		maintain a system whereby advance deposit wagering may take
16		place or an organization licensee, with the consent of the
17		horsemen association representing the largest number of
18		owners, trainers, jockeys, or standardbred drivers who race
19		horses at that organization licensee's racing meeting, may
20		contract with another person to carry out a system of advance
21		deposit wagering. Such consent may not be unreasonably
22		withheld. Only with respect to an appeal to the Board that
23		consent for an organization licensee that maintains its own
24		advance deposit wagering system is being unreasonably
25		withheld, the Board shall issue a final order within 30 days
26		after initiation of the appeal, and the organization licensee's

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1		advance deposit wagering system may remain operational during
2		that 30-day period. The actions of any organization licensee
3		who conducts advance deposit wagering or any person who has a
4		contract with an organization licensee to conduct advance
5		deposit wagering who conducts advance deposit wagering on or
6		after January 1, 2013 and prior to June 7, 2013 (the effective
7		date of Public Act 98-18) this amendatory Act of the 98th
8		General Assembly taken in reliance on the changes made to this
9		subsection (g) by Public Act 98-18 this amendatory Act of the
10		98th General Assembly are hereby validated, provided payment of
11		all applicable pari-mutuel taxes are remitted to the Board. All
12		advance deposit wagers placed from within Illinois must be
13		placed through a Board-approved advance deposit wagering
14		licensee; no other entity may accept an advance deposit wager
15		from a person within Illinois. All advance deposit wagering is
16		subject to any rules adopted by the Board. The Board may adopt
17		rules necessary to regulate advance deposit wagering through
18		the use of emergency rulemaking in accordance with Section 5-45
19		of the Illinois Administrative Procedure Act. The General
20		Assembly finds that the adoption of rules to regulate advance
21		deposit wagering is deemed an emergency and necessary for the
22		public interest, safety, and welfare. An advance deposit
23		wagering licensee may retain all moneys as agreed to by
24		contract with an organization licensee. Any moneys retained by
25		the organization licensee from advance deposit wagering, not
26		including moneys retained by the advance deposit wagering

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1		licensee, shall be paid 50% to the organization licensee's
2		purse account and 50% to the organization licensee. With the
3		exception of any organization licensee that is owned by a
4		publicly traded company that is incorporated in a state other
5		than Illinois and advance deposit wagering licensees under
6		contract with such organization licensees, organization
7		licensees that maintain advance deposit wagering systems and
8		advance deposit wagering licensees that contract with
9		organization licensees shall provide sufficiently detailed
10		monthly accountings to the horsemen association representing
11		the largest number of owners, trainers, jockeys, or
12		standardbred drivers who race horses at that organization
13		licensee's racing meeting so that the horsemen association, as
14		an interested party, can confirm the accuracy of the amounts
15		paid to the purse account at the horsemen association's
16		affiliated organization licensee from advance deposit
17		wagering. If more than one breed races at the same race track
18		facility, then the 50% of the moneys to be paid to an
19		organization licensee's purse account shall be allocated among
20		all organization licensees' purse accounts operating at that
21		race track facility proportionately based on the actual number
22		of host days that the Board grants to that breed at that race
23		track facility in the current calendar year. To the extent any
24		fees from advance deposit wagering conducted in Illinois for
25		wagers in Illinois or other states have been placed in escrow
26		or otherwise withheld from wagers pending a determination of

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1		the legality of advance deposit wagering, no action shall be
2		brought to declare such wagers or the disbursement of any fees
3		previously escrowed illegal.
4		(1) Between the hours of 6:30 a.m. and 6:30 p.m. an
5		inter-track intertrack wagering licensee other than the
6		host track may supplement the host track simulcast program
7		with additional simulcast races or race programs, provided
8		that between January 1 and the third Friday in February of
9		any year, inclusive, if no live thoroughbred racing is
10		occurring in Illinois during this period, only
11		thoroughbred races may be used for supplemental interstate
12		simulcast purposes. The Board shall withhold approval for a
13		supplemental interstate simulcast only if it finds that the
14		simulcast is clearly adverse to the integrity of racing. A
15		supplemental interstate simulcast may be transmitted from
16		an inter-track intertrack wagering licensee to its
17		affiliated non-host licensees. The interstate commission
18		fee for a supplemental interstate simulcast shall be paid
19		by the non-host licensee and its affiliated non-host
20		licensees receiving the simulcast.
21		(2) Between the hours of 6:30 p.m. and 6:30 a.m. an
22		inter-track intertrack wagering licensee other than the
23		host track may receive supplemental interstate simulcasts
24		only with the consent of the host track, except when the
25		Board finds that the simulcast is clearly adverse to the
26		integrity of racing. Consent granted under this paragraph

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1		(2) to any inter-track intertrack wagering licensee shall
2		be deemed consent to all non-host licensees. The interstate
3		commission fee for the supplemental interstate simulcast
4		shall be paid by all participating non-host licensees.
5		(3) Each licensee conducting interstate simulcast
6		wagering may retain, subject to the payment of all
7		applicable taxes and the purses, an amount not to exceed
8		17% of all money wagered. If any licensee conducts the
9		pari-mutuel system wagering on races conducted at
10		racetracks in another state or country, each such race or
11		race program shall be considered a separate racing day for
12		the purpose of determining the daily handle and computing
13		the privilege tax of that daily handle as provided in
14		subsection (a) of Section 27. Until January 1, 2000, from
15		the sums permitted to be retained pursuant to this
16		subsection, each inter-track intertrack wagering location
17		licensee shall pay 1% of the pari-mutuel handle wagered on
18		simulcast wagering to the Horse Racing Tax Allocation Fund,
19		subject to the provisions of subparagraph (B) of paragraph
20		(11) of subsection (h) of Section 26 of this Act.
21		(4) A licensee who receives an interstate simulcast may
22		combine its gross or net pools with pools at the sending
23		racetracks pursuant to rules established by the Board. All
24		licensees combining their gross pools at a sending
25		racetrack shall adopt the take-out percentages of the
26		sending racetrack. A licensee may also establish a separate

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1		pool and takeout structure for wagering purposes on races
2		conducted at race tracks outside of the State of Illinois.
3		The licensee may permit pari-mutuel wagers placed in other
4		states or countries to be combined with its gross or net
5		wagering pools or other wagering pools.
6		(5) After the payment of the interstate commission fee
7		(except for the interstate commission fee on a supplemental
8		interstate simulcast, which shall be paid by the host track
9		and by each non-host licensee through the host-track) and
10		all applicable State and local taxes, except as provided in
11		subsection (g) of Section 27 of this Act, the remainder of
12		moneys retained from simulcast wagering pursuant to this
13		subsection (g), and Section 26.2 shall be divided as
14		follows:
15		(A) For interstate simulcast wagers made at a host
16		track, 50% to the host track and 50% to purses at the
17		host track.
18		(B) For wagers placed on interstate simulcast
19		races, supplemental simulcasts as defined in
20		subparagraphs (1) and (2), and separately pooled races
21		conducted outside of the State of Illinois made at a
22		non-host licensee, 25% to the host track, 25% to the
23		non-host licensee, and 50% to the purses at the host
24		track.
25		(6) Notwithstanding any provision in this Act to the
26		contrary, non-host licensees who derive their licenses

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1		from a track located in a county with a population in
2		excess of 230,000 and that borders the Mississippi River
3		may receive supplemental interstate simulcast races at all
4		times subject to Board approval, which shall be withheld
5		only upon a finding that a supplemental interstate
6		simulcast is clearly adverse to the integrity of racing.
7		(7) Notwithstanding any provision of this Act to the
8		contrary, after payment of all applicable State and local
9		taxes and interstate commission fees, non-host licensees
10		who derive their licenses from a track located in a county
11		with a population in excess of 230,000 and that borders the
12		Mississippi River shall retain 50% of the retention from
13		interstate simulcast wagers and shall pay 50% to purses at
14		the track from which the non-host licensee derives its
15		license as follows:
16		(A) Between January 1 and the third Friday in
17		February, inclusive, if no live thoroughbred racing is
18		occurring in Illinois during this period, when the
19		interstate simulcast is a standardbred race, the purse
20		share to its standardbred purse account;
21		(B) Between January 1 and the third Friday in
22		February, inclusive, if no live thoroughbred racing is
23		occurring in Illinois during this period, and the
24		interstate simulcast is a thoroughbred race, the purse
25		share to its interstate simulcast purse pool to be
26		distributed under paragraph (10) of this subsection

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1		(g);
2		(C) Between January 1 and the third Friday in
3		February, inclusive, if live thoroughbred racing is
4		occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
5		the purse share from wagers made during this time
6		period to its thoroughbred purse account and between
7		6:30 p.m. and 6:30 a.m. the purse share from wagers
8		made during this time period to its standardbred purse
9		accounts;
10		(D) Between the third Saturday in February and
11		December 31, when the interstate simulcast occurs
12		between the hours of 6:30 a.m. and 6:30 p.m., the purse
13		share to its thoroughbred purse account;
14		(E) Between the third Saturday in February and
15		December 31, when the interstate simulcast occurs
16		between the hours of 6:30 p.m. and 6:30 a.m., the purse
17		share to its standardbred purse account.
18		(7.1) Notwithstanding any other provision of this Act
19		to the contrary, if no standardbred racing is conducted at
20		a racetrack located in Madison County during any calendar
21		year beginning on or after January 1, 2002, all moneys
22		derived by that racetrack from simulcast wagering and
23		inter-track wagering that (1) are to be used for purses and
24		(2) are generated between the hours of 6:30 p.m. and 6:30
25		a.m. during that calendar year shall be paid as follows:
26		(A) If the licensee that conducts horse racing at

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1		that racetrack requests from the Board at least as many
2		racing dates as were conducted in calendar year 2000,
3		80% shall be paid to its thoroughbred purse account;
4		and
5		(B) Twenty percent shall be deposited into the
6		Illinois Colt Stakes Purse Distribution Fund and shall
7		be paid to purses for standardbred races for Illinois
8		conceived and foaled horses conducted at any county
9		fairgrounds. The moneys deposited into the Fund
10		pursuant to this subparagraph (B) shall be deposited
11		within 2 weeks after the day they were generated, shall
12		be in addition to and not in lieu of any other moneys
13		paid to standardbred purses under this Act, and shall
14		not be commingled with other moneys paid into that
15		Fund. The moneys deposited pursuant to this
16		subparagraph (B) shall be allocated as provided by the
17		Department of Agriculture, with the advice and
18		assistance of the Illinois Standardbred Breeders Fund
19		Advisory Board.
20		(7.2) Notwithstanding any other provision of this Act
21		to the contrary, if no thoroughbred racing is conducted at
22		a racetrack located in Madison County during any calendar
23		year beginning on or after January 1, 2002, all moneys
24		derived by that racetrack from simulcast wagering and
25		inter-track wagering that (1) are to be used for purses and
26		(2) are generated between the hours of 6:30 a.m. and 6:30

HB3855 Engrossed - 852 - LRB100 05985 AMC 16014 b
1		p.m. during that calendar year shall be deposited as
2		follows:
3		(A) If the licensee that conducts horse racing at
4		that racetrack requests from the Board at least as many
5		racing dates as were conducted in calendar year 2000,
6		80% shall be deposited into its standardbred purse
7		account; and
8		(B) Twenty percent shall be deposited into the
9		Illinois Colt Stakes Purse Distribution Fund. Moneys
10		deposited into the Illinois Colt Stakes Purse
11		Distribution Fund pursuant to this subparagraph (B)
12		shall be paid to Illinois conceived and foaled
13		thoroughbred breeders' programs and to thoroughbred
14		purses for races conducted at any county fairgrounds
15		for Illinois conceived and foaled horses at the
16		discretion of the Department of Agriculture, with the
17		advice and assistance of the Illinois Thoroughbred
18		Breeders Fund Advisory Board. The moneys deposited
19		into the Illinois Colt Stakes Purse Distribution Fund
20		pursuant to this subparagraph (B) shall be deposited
21		within 2 weeks after the day they were generated, shall
22		be in addition to and not in lieu of any other moneys
23		paid to thoroughbred purses under this Act, and shall
24		not be commingled with other moneys deposited into that
25		Fund.
26		(7.3) If no live standardbred racing is conducted at a

HB3855 Engrossed - 853 - LRB100 05985 AMC 16014 b
1		racetrack located in Madison County in calendar year 2000
2		or 2001, an organization licensee who is licensed to
3		conduct horse racing at that racetrack shall, before
4		January 1, 2002, pay all moneys derived from simulcast
5		wagering and inter-track wagering in calendar years 2000
6		and 2001 and paid into the licensee's standardbred purse
7		account as follows:
8		(A) Eighty percent to that licensee's thoroughbred
9		purse account to be used for thoroughbred purses; and
10		(B) Twenty percent to the Illinois Colt Stakes
11		Purse Distribution Fund.
12		Failure to make the payment to the Illinois Colt Stakes
13		Purse Distribution Fund before January 1, 2002 shall result
14		in the immediate revocation of the licensee's organization
15		license, inter-track wagering license, and inter-track
16		wagering location license.
17		Moneys paid into the Illinois Colt Stakes Purse
18		Distribution Fund pursuant to this paragraph (7.3) shall be
19		paid to purses for standardbred races for Illinois
20		conceived and foaled horses conducted at any county
21		fairgrounds. Moneys paid into the Illinois Colt Stakes
22		Purse Distribution Fund pursuant to this paragraph (7.3)
23		shall be used as determined by the Department of
24		Agriculture, with the advice and assistance of the Illinois
25		Standardbred Breeders Fund Advisory Board, shall be in
26		addition to and not in lieu of any other moneys paid to

HB3855 Engrossed - 854 - LRB100 05985 AMC 16014 b
1		standardbred purses under this Act, and shall not be
2		commingled with any other moneys paid into that Fund.
3		(7.4) If live standardbred racing is conducted at a
4		racetrack located in Madison County at any time in calendar
5		year 2001 before the payment required under paragraph (7.3)
6		has been made, the organization licensee who is licensed to
7		conduct racing at that racetrack shall pay all moneys
8		derived by that racetrack from simulcast wagering and
9		inter-track wagering during calendar years 2000 and 2001
10		that (1) are to be used for purses and (2) are generated
11		between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
12		2001 to the standardbred purse account at that racetrack to
13		be used for standardbred purses.
14		(8) Notwithstanding any provision in this Act to the
15		contrary, an organization licensee from a track located in
16		a county with a population in excess of 230,000 and that
17		borders the Mississippi River and its affiliated non-host
18		licensees shall not be entitled to share in any retention
19		generated on racing, inter-track wagering, or simulcast
20		wagering at any other Illinois wagering facility.
21		(8.1) Notwithstanding any provisions in this Act to the
22		contrary, if 2 organization licensees are conducting
23		standardbred race meetings concurrently between the hours
24		of 6:30 p.m. and 6:30 a.m., after payment of all applicable
25		State and local taxes and interstate commission fees, the
26		remainder of the amount retained from simulcast wagering

HB3855 Engrossed - 855 - LRB100 05985 AMC 16014 b
1		otherwise attributable to the host track and to host track
2		purses shall be split daily between the 2 organization
3		licensees and the purses at the tracks of the 2
4		organization licensees, respectively, based on each
5		organization licensee's share of the total live handle for
6		that day, provided that this provision shall not apply to
7		any non-host licensee that derives its license from a track
8		located in a county with a population in excess of 230,000
9		and that borders the Mississippi River.
10		(9) (Blank).
11		(10) (Blank).
12		(11) (Blank).
13		(12) The Board shall have authority to compel all host
14		tracks to receive the simulcast of any or all races
15		conducted at the Springfield or DuQuoin State fairgrounds
16		and include all such races as part of their simulcast
17		programs.
18		(13) Notwithstanding any other provision of this Act,
19		in the event that the total Illinois pari-mutuel handle on
20		Illinois horse races at all wagering facilities in any
21		calendar year is less than 75% of the total Illinois
22		pari-mutuel handle on Illinois horse races at all such
23		wagering facilities for calendar year 1994, then each
24		wagering facility that has an annual total Illinois
25		pari-mutuel handle on Illinois horse races that is less
26		than 75% of the total Illinois pari-mutuel handle on

HB3855 Engrossed - 856 - LRB100 05985 AMC 16014 b
1		Illinois horse races at such wagering facility for calendar
2		year 1994, shall be permitted to receive, from any amount
3		otherwise payable to the purse account at the race track
4		with which the wagering facility is affiliated in the
5		succeeding calendar year, an amount equal to 2% of the
6		differential in total Illinois pari-mutuel handle on
7		Illinois horse races at the wagering facility between that
8		calendar year in question and 1994 provided, however, that
9		a wagering facility shall not be entitled to any such
10		payment until the Board certifies in writing to the
11		wagering facility the amount to which the wagering facility
12		is entitled and a schedule for payment of the amount to the
13		wagering facility, based on: (i) the racing dates awarded
14		to the race track affiliated with the wagering facility
15		during the succeeding year; (ii) the sums available or
16		anticipated to be available in the purse account of the
17		race track affiliated with the wagering facility for purses
18		during the succeeding year; and (iii) the need to ensure
19		reasonable purse levels during the payment period. The
20		Board's certification shall be provided no later than
21		January 31 of the succeeding year. In the event a wagering
22		facility entitled to a payment under this paragraph (13) is
23		affiliated with a race track that maintains purse accounts
24		for both standardbred and thoroughbred racing, the amount
25		to be paid to the wagering facility shall be divided
26		between each purse account pro rata, based on the amount of

HB3855 Engrossed - 857 - LRB100 05985 AMC 16014 b
1		Illinois handle on Illinois standardbred and thoroughbred
2		racing respectively at the wagering facility during the
3		previous calendar year. Annually, the General Assembly
4		shall appropriate sufficient funds from the General
5		Revenue Fund to the Department of Agriculture for payment
6		into the thoroughbred and standardbred horse racing purse
7		accounts at Illinois pari-mutuel tracks. The amount paid to
8		each purse account shall be the amount certified by the
9		Illinois Racing Board in January to be transferred from
10		each account to each eligible racing facility in accordance
11		with the provisions of this Section.
12		(h) The Board may approve and license the conduct of
13		inter-track wagering and simulcast wagering by inter-track
14		wagering licensees and inter-track wagering location licensees
15		subject to the following terms and conditions:
16		(1) Any person licensed to conduct a race meeting (i)
17		at a track where 60 or more days of racing were conducted
18		during the immediately preceding calendar year or where
19		over the 5 immediately preceding calendar years an average
20		of 30 or more days of racing were conducted annually may be
21		issued an inter-track wagering license; (ii) at a track
22		located in a county that is bounded by the Mississippi
23		River, which has a population of less than 150,000
24		according to the 1990 decennial census, and an average of
25		at least 60 days of racing per year between 1985 and 1993
26		may be issued an inter-track wagering license; or (iii) at

HB3855 Engrossed - 858 - LRB100 05985 AMC 16014 b
1		a track located in Madison County that conducted at least
2		100 days of live racing during the immediately preceding
3		calendar year may be issued an inter-track wagering
4		license, unless a lesser schedule of live racing is the
5		result of (A) weather, unsafe track conditions, or other
6		acts of God; (B) an agreement between the organization
7		licensee and the associations representing the largest
8		number of owners, trainers, jockeys, or standardbred
9		drivers who race horses at that organization licensee's
10		racing meeting; or (C) a finding by the Board of
11		extraordinary circumstances and that it was in the best
12		interest of the public and the sport to conduct fewer than
13		100 days of live racing. Any such person having operating
14		control of the racing facility may receive inter-track
15		wagering location licenses. An eligible race track located
16		in a county that has a population of more than 230,000 and
17		that is bounded by the Mississippi River may establish up
18		to 9 inter-track wagering locations, and an eligible race
19		track located in Stickney Township in Cook County may
20		establish up to 16 inter-track wagering locations, and an
21		eligible race track located in Palatine Township in Cook
22		County may establish up to 18 inter-track wagering
23		locations. An application for said license shall be filed
24		with the Board prior to such dates as may be fixed by the
25		Board. With an application for an inter-track wagering
26		location license there shall be delivered to the Board a

HB3855 Engrossed - 859 - LRB100 05985 AMC 16014 b
1		certified check or bank draft payable to the order of the
2		Board for an amount equal to $500. The application shall be
3		on forms prescribed and furnished by the Board. The
4		application shall comply with all other rules, regulations
5		and conditions imposed by the Board in connection
6		therewith.
7		(2) The Board shall examine the applications with
8		respect to their conformity with this Act and the rules and
9		regulations imposed by the Board. If found to be in
10		compliance with the Act and rules and regulations of the
11		Board, the Board may then issue a license to conduct
12		inter-track wagering and simulcast wagering to such
13		applicant. All such applications shall be acted upon by the
14		Board at a meeting to be held on such date as may be fixed
15		by the Board.
16		(3) In granting licenses to conduct inter-track
17		wagering and simulcast wagering, the Board shall give due
18		consideration to the best interests of the public, of horse
19		racing, and of maximizing revenue to the State.
20		(4) Prior to the issuance of a license to conduct
21		inter-track wagering and simulcast wagering, the applicant
22		shall file with the Board a bond payable to the State of
23		Illinois in the sum of $50,000, executed by the applicant
24		and a surety company or companies authorized to do business
25		in this State, and conditioned upon (i) the payment by the
26		licensee of all taxes due under Section 27 or 27.1 and any

HB3855 Engrossed - 860 - LRB100 05985 AMC 16014 b
1		other monies due and payable under this Act, and (ii)
2		distribution by the licensee, upon presentation of the
3		winning ticket or tickets, of all sums payable to the
4		patrons of pari-mutuel pools.
5		(5) Each license to conduct inter-track wagering and
6		simulcast wagering shall specify the person to whom it is
7		issued, the dates on which such wagering is permitted, and
8		the track or location where the wagering is to be
9		conducted.
10		(6) All wagering under such license is subject to this
11		Act and to the rules and regulations from time to time
12		prescribed by the Board, and every such license issued by
13		the Board shall contain a recital to that effect.
14		(7) An inter-track wagering licensee or inter-track
15		wagering location licensee may accept wagers at the track
16		or location where it is licensed, or as otherwise provided
17		under this Act.
18		(8) Inter-track wagering or simulcast wagering shall
19		not be conducted at any track less than 5 miles from a
20		track at which a racing meeting is in progress.
21		(8.1) Inter-track wagering location licensees who
22		derive their licenses from a particular organization
23		licensee shall conduct inter-track wagering and simulcast
24		wagering only at locations that are within 160 miles of
25		that race track where the particular organization licensee
26		is licensed to conduct racing. However, inter-track

HB3855 Engrossed - 861 - LRB100 05985 AMC 16014 b
1		wagering and simulcast wagering shall not be conducted by
2		those licensees at any location within 5 miles of any race
3		track at which a horse race meeting has been licensed in
4		the current year, unless the person having operating
5		control of such race track has given its written consent to
6		such inter-track wagering location licensees, which
7		consent must be filed with the Board at or prior to the
8		time application is made. In the case of any inter-track
9		wagering location licensee initially licensed after
10		December 31, 2013, inter-track wagering and simulcast
11		wagering shall not be conducted by those inter-track
12		wagering location licensees that are located outside the
13		City of Chicago at any location within 8 miles of any race
14		track at which a horse race meeting has been licensed in
15		the current year, unless the person having operating
16		control of such race track has given its written consent to
17		such inter-track wagering location licensees, which
18		consent must be filed with the Board at or prior to the
19		time application is made.
20		(8.2) Inter-track wagering or simulcast wagering shall
21		not be conducted by an inter-track wagering location
22		licensee at any location within 500 feet of an existing
23		church or existing school, nor within 500 feet of the
24		residences of more than 50 registered voters without
25		receiving written permission from a majority of the
26		registered voters at such residences. Such written

HB3855 Engrossed - 862 - LRB100 05985 AMC 16014 b
1		permission statements shall be filed with the Board. The
2		distance of 500 feet shall be measured to the nearest part
3		of any building used for worship services, education
4		programs, residential purposes, or conducting inter-track
5		wagering by an inter-track wagering location licensee, and
6		not to property boundaries. However, inter-track wagering
7		or simulcast wagering may be conducted at a site within 500
8		feet of a church, school or residences of 50 or more
9		registered voters if such church, school or residences have
10		been erected or established, or such voters have been
11		registered, after the Board issues the original
12		inter-track wagering location license at the site in
13		question. Inter-track wagering location licensees may
14		conduct inter-track wagering and simulcast wagering only
15		in areas that are zoned for commercial or manufacturing
16		purposes or in areas for which a special use has been
17		approved by the local zoning authority. However, no license
18		to conduct inter-track wagering and simulcast wagering
19		shall be granted by the Board with respect to any
20		inter-track wagering location within the jurisdiction of
21		any local zoning authority which has, by ordinance or by
22		resolution, prohibited the establishment of an inter-track
23		wagering location within its jurisdiction. However,
24		inter-track wagering and simulcast wagering may be
25		conducted at a site if such ordinance or resolution is
26		enacted after the Board licenses the original inter-track

HB3855 Engrossed - 863 - LRB100 05985 AMC 16014 b
1		wagering location licensee for the site in question.
2		(9) (Blank).
3		(10) An inter-track wagering licensee or an
4		inter-track wagering location licensee may retain, subject
5		to the payment of the privilege taxes and the purses, an
6		amount not to exceed 17% of all money wagered. Each program
7		of racing conducted by each inter-track wagering licensee
8		or inter-track wagering location licensee shall be
9		considered a separate racing day for the purpose of
10		determining the daily handle and computing the privilege
11		tax or pari-mutuel tax on such daily handle as provided in
12		Section 27.
13		(10.1) Except as provided in subsection (g) of Section
14		27 of this Act, inter-track wagering location licensees
15		shall pay 1% of the pari-mutuel handle at each location to
16		the municipality in which such location is situated and 1%
17		of the pari-mutuel handle at each location to the county in
18		which such location is situated. In the event that an
19		inter-track wagering location licensee is situated in an
20		unincorporated area of a county, such licensee shall pay 2%
21		of the pari-mutuel handle from such location to such
22		county.
23		(10.2) Notwithstanding any other provision of this
24		Act, with respect to inter-track intertrack wagering at a
25		race track located in a county that has a population of
26		more than 230,000 and that is bounded by the Mississippi

HB3855 Engrossed - 864 - LRB100 05985 AMC 16014 b
1		River ("the first race track"), or at a facility operated
2		by an inter-track wagering licensee or inter-track
3		wagering location licensee that derives its license from
4		the organization licensee that operates the first race
5		track, on races conducted at the first race track or on
6		races conducted at another Illinois race track and
7		simultaneously televised to the first race track or to a
8		facility operated by an inter-track wagering licensee or
9		inter-track wagering location licensee that derives its
10		license from the organization licensee that operates the
11		first race track, those moneys shall be allocated as
12		follows:
13		(A) That portion of all moneys wagered on
14		standardbred racing that is required under this Act to
15		be paid to purses shall be paid to purses for
16		standardbred races.
17		(B) That portion of all moneys wagered on
18		thoroughbred racing that is required under this Act to
19		be paid to purses shall be paid to purses for
20		thoroughbred races.
21		(11) (A) After payment of the privilege or pari-mutuel
22		tax, any other applicable taxes, and the costs and expenses
23		in connection with the gathering, transmission, and
24		dissemination of all data necessary to the conduct of
25		inter-track wagering, the remainder of the monies retained
26		under either Section 26 or Section 26.2 of this Act by the

HB3855 Engrossed - 865 - LRB100 05985 AMC 16014 b
1		inter-track wagering licensee on inter-track wagering
2		shall be allocated with 50% to be split between the 2
3		participating licensees and 50% to purses, except that an
4		inter-track intertrack wagering licensee that derives its
5		license from a track located in a county with a population
6		in excess of 230,000 and that borders the Mississippi River
7		shall not divide any remaining retention with the Illinois
8		organization licensee that provides the race or races, and
9		an inter-track intertrack wagering licensee that accepts
10		wagers on races conducted by an organization licensee that
11		conducts a race meet in a county with a population in
12		excess of 230,000 and that borders the Mississippi River
13		shall not divide any remaining retention with that
14		organization licensee.
15		(B) From the sums permitted to be retained pursuant to
16		this Act each inter-track wagering location licensee shall
17		pay (i) the privilege or pari-mutuel tax to the State; (ii)
18		4.75% of the pari-mutuel handle on inter-track intertrack
19		wagering at such location on races as purses, except that
20		an inter-track intertrack wagering location licensee that
21		derives its license from a track located in a county with a
22		population in excess of 230,000 and that borders the
23		Mississippi River shall retain all purse moneys for its own
24		purse account consistent with distribution set forth in
25		this subsection (h), and inter-track intertrack wagering
26		location licensees that accept wagers on races conducted by

HB3855 Engrossed - 866 - LRB100 05985 AMC 16014 b
1		an organization licensee located in a county with a
2		population in excess of 230,000 and that borders the
3		Mississippi River shall distribute all purse moneys to
4		purses at the operating host track; (iii) until January 1,
5		2000, except as provided in subsection (g) of Section 27 of
6		this Act, 1% of the pari-mutuel handle wagered on
7		inter-track wagering and simulcast wagering at each
8		inter-track wagering location licensee facility to the
9		Horse Racing Tax Allocation Fund, provided that, to the
10		extent the total amount collected and distributed to the
11		Horse Racing Tax Allocation Fund under this subsection (h)
12		during any calendar year exceeds the amount collected and
13		distributed to the Horse Racing Tax Allocation Fund during
14		calendar year 1994, that excess amount shall be
15		redistributed (I) to all inter-track wagering location
16		licensees, based on each licensee's pro-rata share of the
17		total handle from inter-track wagering and simulcast
18		wagering for all inter-track wagering location licensees
19		during the calendar year in which this provision is
20		applicable; then (II) the amounts redistributed to each
21		inter-track wagering location licensee as described in
22		subpart (I) shall be further redistributed as provided in
23		subparagraph (B) of paragraph (5) of subsection (g) of this
24		Section 26 provided first, that the shares of those
25		amounts, which are to be redistributed to the host track or
26		to purses at the host track under subparagraph (B) of

HB3855 Engrossed - 867 - LRB100 05985 AMC 16014 b
1		paragraph (5) of subsection (g) of this Section 26 shall be
2		redistributed based on each host track's pro rata share of
3		the total inter-track wagering and simulcast wagering
4		handle at all host tracks during the calendar year in
5		question, and second, that any amounts redistributed as
6		described in part (I) to an inter-track wagering location
7		licensee that accepts wagers on races conducted by an
8		organization licensee that conducts a race meet in a county
9		with a population in excess of 230,000 and that borders the
10		Mississippi River shall be further redistributed as
11		provided in subparagraphs (D) and (E) of paragraph (7) of
12		subsection (g) of this Section 26, with the portion of that
13		further redistribution allocated to purses at that
14		organization licensee to be divided between standardbred
15		purses and thoroughbred purses based on the amounts
16		otherwise allocated to purses at that organization
17		licensee during the calendar year in question; and (iv) 8%
18		of the pari-mutuel handle on inter-track wagering wagered
19		at such location to satisfy all costs and expenses of
20		conducting its wagering. The remainder of the monies
21		retained by the inter-track wagering location licensee
22		shall be allocated 40% to the location licensee and 60% to
23		the organization licensee which provides the Illinois
24		races to the location, except that an inter-track
25		intertrack wagering location licensee that derives its
26		license from a track located in a county with a population

HB3855 Engrossed - 868 - LRB100 05985 AMC 16014 b
1		in excess of 230,000 and that borders the Mississippi River
2		shall not divide any remaining retention with the
3		organization licensee that provides the race or races and
4		an inter-track intertrack wagering location licensee that
5		accepts wagers on races conducted by an organization
6		licensee that conducts a race meet in a county with a
7		population in excess of 230,000 and that borders the
8		Mississippi River shall not divide any remaining retention
9		with the organization licensee. Notwithstanding the
10		provisions of clauses (ii) and (iv) of this paragraph, in
11		the case of the additional inter-track wagering location
12		licenses authorized under paragraph (1) of this subsection
13		(h) by Public Act 87-110 this amendatory Act of 1991, those
14		licensees shall pay the following amounts as purses: during
15		the first 12 months the licensee is in operation, 5.25% of
16		the pari-mutuel handle wagered at the location on races;
17		during the second 12 months, 5.25%; during the third 12
18		months, 5.75%; during the fourth 12 months, 6.25%; and
19		during the fifth 12 months and thereafter, 6.75%. The
20		following amounts shall be retained by the licensee to
21		satisfy all costs and expenses of conducting its wagering:
22		during the first 12 months the licensee is in operation,
23		8.25% of the pari-mutuel handle wagered at the location;
24		during the second 12 months, 8.25%; during the third 12
25		months, 7.75%; during the fourth 12 months, 7.25%; and
26		during the fifth 12 months and thereafter, 6.75%. For

HB3855 Engrossed - 869 - LRB100 05985 AMC 16014 b
1		additional inter-track intertrack wagering location
2		licensees authorized under Public Act 89-16 this
3		amendatory Act of 1995, purses for the first 12 months the
4		licensee is in operation shall be 5.75% of the pari-mutuel
5		wagered at the location, purses for the second 12 months
6		the licensee is in operation shall be 6.25%, and purses
7		thereafter shall be 6.75%. For additional inter-track
8		intertrack location licensees authorized under Public Act
9		89-16 this amendatory Act of 1995, the licensee shall be
10		allowed to retain to satisfy all costs and expenses: 7.75%
11		of the pari-mutuel handle wagered at the location during
12		its first 12 months of operation, 7.25% during its second
13		12 months of operation, and 6.75% thereafter.
14		(C) There is hereby created the Horse Racing Tax
15		Allocation Fund which shall remain in existence until
16		December 31, 1999. Moneys remaining in the Fund after
17		December 31, 1999 shall be paid into the General Revenue
18		Fund. Until January 1, 2000, all monies paid into the Horse
19		Racing Tax Allocation Fund pursuant to this paragraph (11)
20		by inter-track wagering location licensees located in park
21		districts of 500,000 population or less, or in a
22		municipality that is not included within any park district
23		but is included within a conservation district and is the
24		county seat of a county that (i) is contiguous to the state
25		of Indiana and (ii) has a 1990 population of 88,257
26		according to the United States Bureau of the Census, and

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1		operating on May 1, 1994 shall be allocated by
2		appropriation as follows:
3		Two-sevenths to the Department of Agriculture.
4		Fifty percent of this two-sevenths shall be used to
5		promote the Illinois horse racing and breeding
6		industry, and shall be distributed by the Department of
7		Agriculture upon the advice of a 9-member committee
8		appointed by the Governor consisting of the following
9		members: the Director of Agriculture, who shall serve
10		as chairman; 2 representatives of organization
11		licensees conducting thoroughbred race meetings in
12		this State, recommended by those licensees; 2
13		representatives of organization licensees conducting
14		standardbred race meetings in this State, recommended
15		by those licensees; a representative of the Illinois
16		Thoroughbred Breeders and Owners Foundation,
17		recommended by that Foundation; a representative of
18		the Illinois Standardbred Owners and Breeders
19		Association, recommended by that Association; a
20		representative of the Horsemen's Benevolent and
21		Protective Association or any successor organization
22		thereto established in Illinois comprised of the
23		largest number of owners and trainers, recommended by
24		that Association or that successor organization; and a
25		representative of the Illinois Harness Horsemen's
26		Association, recommended by that Association.

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1		Committee members shall serve for terms of 2 years,
2		commencing January 1 of each even-numbered year. If a
3		representative of any of the above-named entities has
4		not been recommended by January 1 of any even-numbered
5		year, the Governor shall appoint a committee member to
6		fill that position. Committee members shall receive no
7		compensation for their services as members but shall be
8		reimbursed for all actual and necessary expenses and
9		disbursements incurred in the performance of their
10		official duties. The remaining 50% of this
11		two-sevenths shall be distributed to county fairs for
12		premiums and rehabilitation as set forth in the
13		Agricultural Fair Act;
14		Four-sevenths to park districts or municipalities
15		that do not have a park district of 500,000 population
16		or less for museum purposes (if an inter-track wagering
17		location licensee is located in such a park district)
18		or to conservation districts for museum purposes (if an
19		inter-track wagering location licensee is located in a
20		municipality that is not included within any park
21		district but is included within a conservation
22		district and is the county seat of a county that (i) is
23		contiguous to the state of Indiana and (ii) has a 1990
24		population of 88,257 according to the United States
25		Bureau of the Census, except that if the conservation
26		district does not maintain a museum, the monies shall

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1		be allocated equally between the county and the
2		municipality in which the inter-track wagering
3		location licensee is located for general purposes) or
4		to a municipal recreation board for park purposes (if
5		an inter-track wagering location licensee is located
6		in a municipality that is not included within any park
7		district and park maintenance is the function of the
8		municipal recreation board and the municipality has a
9		1990 population of 9,302 according to the United States
10		Bureau of the Census); provided that the monies are
11		distributed to each park district or conservation
12		district or municipality that does not have a park
13		district in an amount equal to four-sevenths of the
14		amount collected by each inter-track wagering location
15		licensee within the park district or conservation
16		district or municipality for the Fund. Monies that were
17		paid into the Horse Racing Tax Allocation Fund before
18		August 9, 1991 (the effective date of Public Act
19		87-110) this amendatory Act of 1991 by an inter-track
20		wagering location licensee located in a municipality
21		that is not included within any park district but is
22		included within a conservation district as provided in
23		this paragraph shall, as soon as practicable after
24		August 9, 1991 (the effective date of Public Act
25		87-110) this amendatory Act of 1991, be allocated and
26		paid to that conservation district as provided in this

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1		paragraph. Any park district or municipality not
2		maintaining a museum may deposit the monies in the
3		corporate fund of the park district or municipality
4		where the inter-track wagering location is located, to
5		be used for general purposes; and
6		One-seventh to the Agricultural Premium Fund to be
7		used for distribution to agricultural home economics
8		extension councils in accordance with "An Act in
9		relation to additional support and finances for the
10		Agricultural and Home Economic Extension Councils in
11		the several counties of this State and making an
12		appropriation therefor", approved July 24, 1967.
13		Until January 1, 2000, all other monies paid into the
14		Horse Racing Tax Allocation Fund pursuant to this paragraph
15		(11) shall be allocated by appropriation as follows:
16		Two-sevenths to the Department of Agriculture.
17		Fifty percent of this two-sevenths shall be used to
18		promote the Illinois horse racing and breeding
19		industry, and shall be distributed by the Department of
20		Agriculture upon the advice of a 9-member committee
21		appointed by the Governor consisting of the following
22		members: the Director of Agriculture, who shall serve
23		as chairman; 2 representatives of organization
24		licensees conducting thoroughbred race meetings in
25		this State, recommended by those licensees; 2
26		representatives of organization licensees conducting

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1		standardbred race meetings in this State, recommended
2		by those licensees; a representative of the Illinois
3		Thoroughbred Breeders and Owners Foundation,
4		recommended by that Foundation; a representative of
5		the Illinois Standardbred Owners and Breeders
6		Association, recommended by that Association; a
7		representative of the Horsemen's Benevolent and
8		Protective Association or any successor organization
9		thereto established in Illinois comprised of the
10		largest number of owners and trainers, recommended by
11		that Association or that successor organization; and a
12		representative of the Illinois Harness Horsemen's
13		Association, recommended by that Association.
14		Committee members shall serve for terms of 2 years,
15		commencing January 1 of each even-numbered year. If a
16		representative of any of the above-named entities has
17		not been recommended by January 1 of any even-numbered
18		year, the Governor shall appoint a committee member to
19		fill that position. Committee members shall receive no
20		compensation for their services as members but shall be
21		reimbursed for all actual and necessary expenses and
22		disbursements incurred in the performance of their
23		official duties. The remaining 50% of this
24		two-sevenths shall be distributed to county fairs for
25		premiums and rehabilitation as set forth in the
26		Agricultural Fair Act;

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1		Four-sevenths to museums and aquariums located in
2		park districts of over 500,000 population; provided
3		that the monies are distributed in accordance with the
4		previous year's distribution of the maintenance tax
5		for such museums and aquariums as provided in Section 2
6		of the Park District Aquarium and Museum Act; and
7		One-seventh to the Agricultural Premium Fund to be
8		used for distribution to agricultural home economics
9		extension councils in accordance with "An Act in
10		relation to additional support and finances for the
11		Agricultural and Home Economic Extension Councils in
12		the several counties of this State and making an
13		appropriation therefor", approved July 24, 1967. This
14		subparagraph (C) shall be inoperative and of no force
15		and effect on and after January 1, 2000.
16		(D) Except as provided in paragraph (11) of this
17		subsection (h), with respect to purse allocation from
18		inter-track intertrack wagering, the monies so
19		retained shall be divided as follows:
20		(i) If the inter-track wagering licensee,
21		except an inter-track intertrack wagering licensee
22		that derives its license from an organization
23		licensee located in a county with a population in
24		excess of 230,000 and bounded by the Mississippi
25		River, is not conducting its own race meeting
26		during the same dates, then the entire purse

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1		allocation shall be to purses at the track where
2		the races wagered on are being conducted.
3		(ii) If the inter-track wagering licensee,
4		except an inter-track intertrack wagering licensee
5		that derives its license from an organization
6		licensee located in a county with a population in
7		excess of 230,000 and bounded by the Mississippi
8		River, is also conducting its own race meeting
9		during the same dates, then the purse allocation
10		shall be as follows: 50% to purses at the track
11		where the races wagered on are being conducted; 50%
12		to purses at the track where the inter-track
13		wagering licensee is accepting such wagers.
14		(iii) If the inter-track wagering is being
15		conducted by an inter-track wagering location
16		licensee, except an inter-track intertrack
17		wagering location licensee that derives its
18		license from an organization licensee located in a
19		county with a population in excess of 230,000 and
20		bounded by the Mississippi River, the entire purse
21		allocation for Illinois races shall be to purses at
22		the track where the race meeting being wagered on
23		is being held.
24		(12) The Board shall have all powers necessary and
25		proper to fully supervise and control the conduct of
26		inter-track wagering and simulcast wagering by inter-track

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1		wagering licensees and inter-track wagering location
2		licensees, including, but not limited to the following:
3		(A) The Board is vested with power to promulgate
4		reasonable rules and regulations for the purpose of
5		administering the conduct of this wagering and to
6		prescribe reasonable rules, regulations and conditions
7		under which such wagering shall be held and conducted.
8		Such rules and regulations are to provide for the
9		prevention of practices detrimental to the public
10		interest and for the best interests of said wagering
11		and to impose penalties for violations thereof.
12		(B) The Board, and any person or persons to whom it
13		delegates this power, is vested with the power to enter
14		the facilities of any licensee to determine whether
15		there has been compliance with the provisions of this
16		Act and the rules and regulations relating to the
17		conduct of such wagering.
18		(C) The Board, and any person or persons to whom it
19		delegates this power, may eject or exclude from any
20		licensee's facilities, any person whose conduct or
21		reputation is such that his presence on such premises
22		may, in the opinion of the Board, call into the
23		question the honesty and integrity of, or interfere
24		with the orderly conduct of such wagering; provided,
25		however, that no person shall be excluded or ejected
26		from such premises solely on the grounds of race,

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1		color, creed, national origin, ancestry, or sex.
2		(D) (Blank).
3		(E) The Board is vested with the power to appoint
4		delegates to execute any of the powers granted to it
5		under this Section for the purpose of administering
6		this wagering and any rules and regulations
7		promulgated in accordance with this Act.
8		(F) The Board shall name and appoint a State
9		director of this wagering who shall be a representative
10		of the Board and whose duty it shall be to supervise
11		the conduct of inter-track wagering as may be provided
12		for by the rules and regulations of the Board; such
13		rules and regulation shall specify the method of
14		appointment and the Director's powers, authority and
15		duties.
16		(G) The Board is vested with the power to impose
17		civil penalties of up to $5,000 against individuals and
18		up to $10,000 against licensees for each violation of
19		any provision of this Act relating to the conduct of
20		this wagering, any rules adopted by the Board, any
21		order of the Board or any other action which in the
22		Board's discretion, is a detriment or impediment to
23		such wagering.
24		(13) The Department of Agriculture may enter into
25		agreements with licensees authorizing such licensees to
26		conduct inter-track wagering on races to be held at the

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1		licensed race meetings conducted by the Department of
2		Agriculture. Such agreement shall specify the races of the
3		Department of Agriculture's licensed race meeting upon
4		which the licensees will conduct wagering. In the event
5		that a licensee conducts inter-track pari-mutuel wagering
6		on races from the Illinois State Fair or DuQuoin State Fair
7		which are in addition to the licensee's previously approved
8		racing program, those races shall be considered a separate
9		racing day for the purpose of determining the daily handle
10		and computing the privilege or pari-mutuel tax on that
11		daily handle as provided in Sections 27 and 27.1. Such
12		agreements shall be approved by the Board before such
13		wagering may be conducted. In determining whether to grant
14		approval, the Board shall give due consideration to the
15		best interests of the public and of horse racing. The
16		provisions of paragraphs (1), (8), (8.1), and (8.2) of
17		subsection (h) of this Section which are not specified in
18		this paragraph (13) shall not apply to licensed race
19		meetings conducted by the Department of Agriculture at the
20		Illinois State Fair in Sangamon County or the DuQuoin State
21		Fair in Perry County, or to any wagering conducted on those
22		race meetings.
23		(14) An inter-track wagering location license
24		authorized by the Board in 2016 that is owned and operated
25		by a race track in Rock Island County shall be transferred
26		to a commonly owned race track in Cook County on August 12,

HB3855 Engrossed - 880 - LRB100 05985 AMC 16014 b
1		2016 (the effective date of Public Act 99-757) this
2		amendatory Act of the 99th General Assembly. The licensee
3		shall retain its status in relation to purse distribution
4		under paragraph (11) of this subsection (h) following the
5		transfer to the new entity. The pari-mutuel tax credit
6		under Section 32.1 shall not be applied toward any
7		pari-mutuel tax obligation of the inter-track wagering
8		location licensee of the license that is transferred under
9		this paragraph (14).
10		(i) Notwithstanding the other provisions of this Act, the
11		conduct of wagering at wagering facilities is authorized on all
12		days, except as limited by subsection (b) of Section 19 of this
13		Act.
14		(Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 98-968,
15		eff. 8-15-14; 99-756, eff. 8-12-16; 99-757, eff. 8-12-16;
16		revised 9-14-16.)
17		(230 ILCS 5/26.2) (from Ch. 8, par. 37-26.2)
18		Sec. 26.2. In addition to the amount retained by licensees
19		pursuant to Section 26, each licensee may retain an additional
20		amount up to 3 1/2% of the amount wagered on all multiple
21		wagers plus an additional amount up to 8% of the amount wagered
22		on any other multiple wager that involves a single betting
23		interest on 3 or more horses. Amounts retained by organization
24		licensees and inter-track wagering licensees on all forms of
25		wagering shall be allocated, after payment of applicable State

HB3855 Engrossed - 881 - LRB100 05985 AMC 16014 b
1		and local taxes among organization licensees, inter-track
2		wagering licensees, and purses as set forth in paragraph (5) of
3		subsection (g) of Section 26, subparagraph (A) of paragraph
4		(11) of subsection (h) of Section 26, and subsection (a) of
5		Section 29 of this Act. Amounts retained by inter-track
6		intertrack wagering location licensees under this Section on
7		all forms of wagering shall be allocated, after payment of
8		applicable State and local taxes, among organization
9		licensees, inter-track intertrack wagering location licensees,
10		and purses as set forth in paragraph 5 of subsection (g) of
11		Section 26 and subparagraph (B) of paragraph (11) of subsection
12		(h) of Section 26.
13		(Source: P.A. 89-16, eff. 5-30-95; revised 9-2-16.)
14		(230 ILCS 5/32.1)
15		Sec. 32.1. Pari-mutuel tax credit; statewide racetrack
16		real estate equalization. In order to encourage new investment
17		in Illinois racetrack facilities and mitigate differing real
18		estate tax burdens among all racetracks, the licensees
19		affiliated or associated with each racetrack that has been
20		awarded live racing dates in the current year shall receive an
21		immediate pari-mutuel tax credit in an amount equal to the
22		greater of (i) 50% of the amount of the real estate taxes paid
23		in the prior year attributable to that racetrack, or (ii) the
24		amount by which the real estate taxes paid in the prior year
25		attributable to that racetrack exceeds 60% of the average real

HB3855 Engrossed - 882 - LRB100 05985 AMC 16014 b
1		estate taxes paid in the prior year for all racetracks awarded
2		live horse racing meets in the current year.
3		Each year, regardless of whether the organization licensee
4		conducted live racing in the year of certification, the Board
5		shall certify in writing, prior to December 31, the real estate
6		taxes paid in that year for each racetrack and the amount of
7		the pari-mutuel tax credit that each organization licensee,
8		inter-track intertrack wagering licensee, and inter-track
9		intertrack wagering location licensee that derives its license
10		from such racetrack is entitled in the succeeding calendar
11		year. The real estate taxes considered under this Section for
12		any racetrack shall be those taxes on the real estate parcels
13		and related facilities used to conduct a horse race meeting and
14		inter-track wagering at such racetrack under this Act. In no
15		event shall the amount of the tax credit under this Section
16		exceed the amount of pari-mutuel taxes otherwise calculated
17		under this Act. The amount of the tax credit under this Section
18		shall be retained by each licensee and shall not be subject to
19		any reallocation or further distribution under this Act. The
20		Board may promulgate emergency rules to implement this Section.
21		(Source: P.A. 91-40, eff. 6-25-99; revised 9-2-16.)
22		(230 ILCS 5/40) (from Ch. 8, par. 37-40)
23		Sec. 40. (a) The imposition of any fine or penalty provided
24		in this Act shall not preclude the Board in its rules and
25		regulations from imposing a fine or penalty for any other

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1		action which, in the Board's discretion, is a detriment or
2		impediment to horse racing.
3		(b) The Director of Agriculture or his or her authorized
4		representative shall impose the following monetary penalties
5		and hold administrative hearings as required for failure to
6		submit the following applications, lists, or reports within the
7		time period, date or manner required by statute or rule or for
8		removing a foal from Illinois prior to inspection:
9		(1) late filing of a renewal application for offering
10		or standing stallion for service:
11		(A) if an application is submitted no more than 30
12		days late, $50;
13		(B) if an application is submitted no more than 45
14		days late, $150; or
15		(C) if an application is submitted more than 45
16		days late, if filing of the application is allowed
17		under an administrative hearing, $250;
18		(2) late filing of list or report of mares bred:
19		(A) if a list or report is submitted no more than
20		30 days late, $50;
21		(B) if a list or report is submitted no more than
22		60 days late, $150; or
23		(C) if a list or report is submitted more than 60
24		days late, if filing of the list or report is allowed
25		under an administrative hearing, $250;
26		(3) filing an Illinois foaled thoroughbred mare status

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1		report after December 31:
2		(A) if a report is submitted no more than 30 days
3		late, $50;
4		(B) if a report is submitted no more than 90 days
5		late, $150;
6		(C) if a report is submitted no more than 150 days
7		late, $250; or
8		(D) if a report is submitted more than 150 days
9		late, if filing of the report is allowed under an
10		administrative hearing, $500;
11		(4) late filing of application for foal eligibility
12		certificate:
13		(A) if an application is submitted no more than 30
14		days late, $50;
15		(B) if an application is submitted no more than 90
16		days late, $150;
17		(C) if an application is submitted no more than 150
18		days late, $250; or
19		(D) if an application is submitted more than 150
20		days late, if filing of the application is allowed
21		under an administrative hearing, $500;
22		(5) failure to report the intent to remove a foal from
23		Illinois prior to inspection, identification and
24		certification by a Department of Agriculture investigator,
25		$50; and
26		(6) if a list or report of mares bred is incomplete,

HB3855 Engrossed - 885 - LRB100 05985 AMC 16014 b
1		$50 per mare not included on the list or report.
2		Any person upon whom monetary penalties are imposed under
3		this Section 3 times within a 5-year 5 year period shall have
4		any further monetary penalties imposed at double the amounts
5		set forth above. All monies assessed and collected for
6		violations relating to thoroughbreds shall be paid into the
7		Illinois Thoroughbred Breeders Fund. All monies assessed and
8		collected for violations relating to standardbreds shall be
9		paid into the Illinois Standardbred Breeders Fund.
10		(Source: P.A. 87-397; revised 9-2-16.)
11		Section 565. The Raffles and Poker Runs Act is amended by
12		changing Section 2 as follows:
13		(230 ILCS 15/2) (from Ch. 85, par. 2302)
14		Sec. 2. Licensing.
15		(a) The governing body of any county or municipality within
16		this State may establish a system for the licensing of
17		organizations to operate raffles. The governing bodies of a
18		county and one or more municipalities may, pursuant to a
19		written contract, jointly establish a system for the licensing
20		of organizations to operate raffles within any area of
21		contiguous territory not contained within the corporate limits
22		of a municipality which is not a party to such contract. The
23		governing bodies of two or more adjacent counties or two or
24		more adjacent municipalities located within a county may,

HB3855 Engrossed - 886 - LRB100 05985 AMC 16014 b
1		pursuant to a written contract, jointly establish a system for
2		the licensing of organizations to operate raffles within the
3		corporate limits of such counties or municipalities. The
4		licensing authority may establish special categories of
5		licenses and promulgate rules relating to the various
6		categories. The licensing system shall provide for limitations
7		upon (1) the aggregate retail value of all prizes or
8		merchandise awarded by a licensee in a single raffle, (2) the
9		maximum retail value of each prize awarded by a licensee in a
10		single raffle, (3) the maximum price which may be charged for
11		each raffle chance issued or sold and (4) the maximum number of
12		days during which chances may be issued or sold. The licensing
13		system may include a fee for each license in an amount to be
14		determined by the local governing body. Licenses issued
15		pursuant to this Act shall be valid for one raffle or for a
16		specified number of raffles to be conducted during a specified
17		period not to exceed one year and may be suspended or revoked
18		for any violation of this Act. A local governing body shall act
19		on a license application within 30 days from the date of
20		application. Nothing in this Act shall be construed to prohibit
21		a county or municipality from adopting rules or ordinances for
22		the operation of raffles that are more restrictive than
23		provided for in this Act. Except for raffles organized by law
24		enforcement agencies and statewide associations that represent
25		law enforcement officials as provided in Section 9 of this Act,
26		the governing body of a municipality may authorize the sale of

HB3855 Engrossed - 887 - LRB100 05985 AMC 16014 b
1		raffle chances only within the borders of the municipality.
2		Except for raffles organized by law enforcement agencies and
3		statewide associations that represent law enforcement
4		officials as provided in Section 9, the governing body of the
5		county may authorize the sale of raffle chances only in those
6		areas which are both within the borders of the county and
7		outside the borders of any municipality.
8		(a-5) The governing body of Cook County may and any other
9		county within this State shall establish a system for the
10		licensing of organizations to operate poker runs. The governing
11		bodies of 2 or more adjacent counties may, pursuant to a
12		written contract, jointly establish a system for the licensing
13		of organizations to operate poker runs within the corporate
14		limits of such counties. The licensing authority may establish
15		special categories of licenses and adopt rules relating to the
16		various categories. The licensing system may include a fee not
17		to exceed $25 for each license. Licenses issued pursuant to
18		this Act shall be valid for one poker run or for a specified
19		number of poker runs to be conducted during a specified period
20		not to exceed one year and may be suspended or revoked for any
21		violation of this Act. A local governing body shall act on a
22		license application within 30 days after the date of
23		application.
24		(b) Raffle licenses shall be issued only to bona fide
25		religious, charitable, labor, business, fraternal, educational
26		or veterans' organizations that operate without profit to their

HB3855 Engrossed - 888 - LRB100 05985 AMC 16014 b
1		members and which have been in existence continuously for a
2		period of 5 years immediately before making application for a
3		raffle license and which have had during that entire 5-year
4		period a bona fide membership engaged in carrying out their
5		objects, or to a non-profit fundraising organization that the
6		licensing authority determines is organized for the sole
7		purpose of providing financial assistance to an identified
8		individual or group of individuals suffering extreme financial
9		hardship as the result of an illness, disability, accident or
10		disaster, as well as law enforcement agencies and statewide
11		associations that represent law enforcement officials as
12		provided for in Section 9 of this Act. Poker run licenses shall
13		be issued only to bona fide religious, charitable, labor,
14		business, fraternal, educational, veterans', or other bona
15		fide not-for-profit organizations that operate without profit
16		to their members and which have been in existence continuously
17		for a period of 5 years immediately before making application
18		for a poker run license and which have had during that entire
19		5-year period a bona fide membership engaged in carrying out
20		their objects. Licenses for poker runs shall be issued for the
21		following purposes: (i) providing financial assistance to an
22		identified individual or group of individuals suffering
23		extreme financial hardship as the result of an illness,
24		disability, accident, or disaster or (ii) to maintain the
25		financial stability of the organization. A licensing authority
26		may waive the 5-year requirement under this subsection (b) for

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1		a bona fide religious, charitable, labor, business, fraternal,
2		educational, or veterans' organization that applies for a
3		license to conduct a poker run if the organization is a local
4		organization that is affiliated with and chartered by a
5		national or State organization that meets the 5-year
6		requirement.
7		For purposes of this Act, the following definitions apply.
8		Non-profit: An organization or institution organized and
9		conducted on a not-for-profit basis with no personal profit
10		inuring to any one as a result of the operation. Charitable: An
11		organization or institution organized and operated to benefit
12		an indefinite number of the public. The service rendered to
13		those eligible for benefits must also confer some benefit on
14		the public. Educational: An organization or institution
15		organized and operated to provide systematic instruction in
16		useful branches of learning by methods common to schools and
17		institutions of learning which compare favorably in their scope
18		and intensity with the course of study presented in
19		tax-supported schools. Religious: Any church, congregation,
20		society, or organization founded for the purpose of religious
21		worship. Fraternal: An organization of persons having a common
22		interest, the primary interest of which is to both promote the
23		welfare of its members and to provide assistance to the general
24		public in such a way as to lessen the burdens of government by
25		caring for those that otherwise would be cared for by the
26		government. Veterans: An organization or association comprised

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1		of members of which substantially all are individuals who are
2		veterans or spouses, widows, or widowers of veterans, the
3		primary purpose of which is to promote the welfare of its
4		members and to provide assistance to the general public in such
5		a way as to confer a public benefit. Labor: An organization
6		composed of workers organized with the objective of betterment
7		of the conditions of those engaged in such pursuit and the
8		development of a higher degree of efficiency in their
9		respective occupations. Business: A voluntary organization
10		composed of individuals and businesses who have joined together
11		to advance the commercial, financial, industrial and civic
12		interests of a community.
13		(c) Poker runs shall be licensed by the county with
14		jurisdiction over the key location. The license granted by the
15		key location shall cover the entire poker run, including
16		locations other than the key location. Each license issued
17		shall include the name and address of each predetermined
18		location.
19		(Source: P.A. 98-644, eff. 6-10-14; 99-405, eff. 8-19-15;
20		99-757, eff. 8-12-16; revised 9-14-16.)
21		Section 570. The Liquor Control Act of 1934 is amended by
22		changing Sections 3-12, 5-1, 5-3, 6-4, 6-11, 6-15, and 6-28.5
23		as follows:
24		(235 ILCS 5/3-12)

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

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1		regulation issued pursuant thereto and in effect for 30
2		days prior to such violation.
3		For the purpose of this paragraph (1), when determining
4		multiple violations for the sale of alcohol to a person
5		under the age of 21, a second or subsequent violation for
6		the sale of alcohol to a person under the age of 21 shall
7		only be considered if it was committed within 5 years after
8		the date when a prior violation for the sale of alcohol to
9		a person under the age of 21 was committed.
10		The fine imposed under this paragraph may not exceed
11		$500 for each violation. Each day that the activity, which
12		gave rise to the original fine, continues is a separate
13		violation. The maximum fine that may be levied against any
14		licensee, for the period of the license, shall not exceed
15		$20,000. The maximum penalty that may be imposed on a
16		licensee for selling a bottle of alcoholic liquor with a
17		foreign object in it or serving from a bottle of alcoholic
18		liquor with a foreign object in it shall be the destruction
19		of that bottle of alcoholic liquor for the first 10 bottles
20		so sold or served from by the licensee. For the eleventh
21		bottle of alcoholic liquor and for each third bottle
22		thereafter sold or served from by the licensee with a
23		foreign object in it, the maximum penalty that may be
24		imposed on the licensee is the destruction of the bottle of
25		alcoholic liquor and a fine of up to $50.
26		(2) To adopt such rules and regulations consistent with

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1		the provisions of this Act which shall be necessary to
2		carry on its functions and duties to the end that the
3		health, safety and welfare of the People of the State of
4		Illinois shall be protected and temperance in the
5		consumption of alcoholic liquors shall be fostered and
6		promoted and to distribute copies of such rules and
7		regulations to all licensees affected thereby.
8		(3) To call upon other administrative departments of
9		the State, county and municipal governments, county and
10		city police departments and upon prosecuting officers for
11		such information and assistance as it deems necessary in
12		the performance of its duties.
13		(4) To recommend to local commissioners rules and
14		regulations, not inconsistent with the law, for the
15		distribution and sale of alcoholic liquors throughout the
16		State.
17		(5) To inspect, or cause to be inspected, any premises
18		in this State where alcoholic liquors are manufactured,
19		distributed, warehoused, or sold. Nothing in this Act
20		authorizes an agent of the Commission to inspect private
21		areas within the premises without reasonable suspicion or a
22		warrant during an inspection. "Private areas" include, but
23		are not limited to, safes, personal property, and closed
24		desks.
25		(5.1) Upon receipt of a complaint or upon having
26		knowledge that any person is engaged in business as a

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

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1		local commission in accordance with the provisions of this
2		Act, as hereinafter set forth. Hearings under this
3		subsection shall be held in Springfield or Chicago, at
4		whichever location is the more convenient for the majority
5		of persons who are parties to the hearing.
6		(7) The commission shall establish uniform systems of
7		accounts to be kept by all retail licensees having more
8		than 4 employees, and for this purpose the commission may
9		classify all retail licensees having more than 4 employees
10		and establish a uniform system of accounts for each class
11		and prescribe the manner in which such accounts shall be
12		kept. The commission may also prescribe the forms of
13		accounts to be kept by all retail licensees having more
14		than 4 employees, including but not limited to accounts of
15		earnings and expenses and any distribution, payment, or
16		other distribution of earnings or assets, and any other
17		forms, records and memoranda which in the judgment of the
18		commission may be necessary or appropriate to carry out any
19		of the provisions of this Act, including but not limited to
20		such forms, records and memoranda as will readily and
21		accurately disclose at all times the beneficial ownership
22		of such retail licensed business. The accounts, forms,
23		records and memoranda shall be available at all reasonable
24		times for inspection by authorized representatives of the
25		State commission or by any local liquor control
26		commissioner or his or her authorized representative. The

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

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

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

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1		inspections of a geographically and scientifically
2		representative sample of the State's retail tobacco
3		distributors.
4		The Commission shall consult with the Department of
5		Public Health, the Department of Human Services, the
6		Illinois State Police and any other executive branch
7		agency, and private organizations that may have
8		information relevant to this report.
9		The Commission may contract with the Food and Drug
10		Administration of the U.S. Department of Health and Human
11		Services to conduct unannounced investigations of Illinois
12		tobacco vendors to determine compliance with federal laws
13		relating to the illegal sale of cigarettes and smokeless
14		tobacco products to persons under the age of 18.
15		(14) On or before April 30, 2008 and every 2 years
16		thereafter, the Commission shall present a written report
17		to the Governor and the General Assembly that shall be
18		based on a study of the impact of Public Act 95-634 this
19		amendatory Act of the 95th General Assembly on the business
20		of soliciting, selling, and shipping wine from inside and
21		outside of this State directly to residents of this State.
22		As part of its report, the Commission shall provide all of
23		the following information:
24		(A) The amount of State excise and sales tax
25		revenues generated.
26		(B) The amount of licensing fees received.

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1		(C) The number of cases of wine shipped from inside
2		and outside of this State directly to residents of this
3		State.
4		(D) The number of alcohol compliance operations
5		conducted.
6		(E) The number of winery shipper's licenses
7		issued.
8		(F) The number of each of the following: reported
9		violations; cease and desist notices issued by the
10		Commission; notices of violations issued by the
11		Commission and to the Department of Revenue; and
12		notices and complaints of violations to law
13		enforcement officials, including, without limitation,
14		the Illinois Attorney General and the U.S. Department
15		of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
16		(15) As a means to reduce the underage consumption of
17		alcoholic liquors, the Commission shall conduct alcohol
18		compliance operations to investigate whether businesses
19		that are soliciting, selling, and shipping wine from inside
20		or outside of this State directly to residents of this
21		State are licensed by this State or are selling or
22		attempting to sell wine to persons under 21 years of age in
23		violation of this Act.
24		(16) The Commission shall, in addition to notifying any
25		appropriate law enforcement agency, submit notices of
26		complaints or violations of Sections 6-29 and 6-29.1 by

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

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1		(C) The Commission shall approve the application
2		for a self-distribution exemption if such person: (1)
3		is in compliance with State revenue and liquor laws;
4		(2) is not a member of any affiliated group that
5		produces more than 25,000 gallons of wine per annum or
6		produces any other alcoholic liquor; (3) will not
7		annually produce for sale more than 25,000 gallons of
8		wine; and (4) will not annually sell more than 5,000
9		gallons of its wine to retail licensees.
10		(D) A self-distribution exemption holder shall
11		annually certify to the Commission its production of
12		wine in the previous 12 months and its anticipated
13		production and sales for the next 12 months. The
14		Commission may fine, suspend, or revoke a
15		self-distribution exemption after a hearing if it
16		finds that the exemption holder has made a material
17		misrepresentation in its application, violated a
18		revenue or liquor law of Illinois, exceeded production
19		of 25,000 gallons of wine in any calendar year, or
20		become part of an affiliated group producing more than
21		25,000 gallons of wine or any other alcoholic liquor.
22		(E) Except in hearings for violations of this Act
23		or Public Act 95-634 amendatory Act or a bona fide
24		investigation by duly sworn law enforcement officials,
25		the Commission, or its agents, the Commission shall
26		maintain the production and sales information of a

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1		self-distribution exemption holder as confidential and
2		shall not release such information to any person.
3		(F) The Commission shall issue regulations
4		governing self-distribution exemptions consistent with
5		this Section and this Act.
6		(G) Nothing in this subsection (17) shall prohibit
7		a self-distribution exemption holder from entering
8		into or simultaneously having a distribution agreement
9		with a licensed Illinois distributor.
10		(H) It is the intent of this subsection (17) to
11		promote and continue orderly markets. The General
12		Assembly finds that in order to preserve Illinois'
13		regulatory distribution system it is necessary to
14		create an exception for smaller makers of wine as their
15		wines are frequently adjusted in varietals, mixes,
16		vintages, and taste to find and create market niches
17		sometimes too small for distributor or importing
18		distributor business strategies. Limited
19		self-distribution rights will afford and allow smaller
20		makers of wine access to the marketplace in order to
21		develop a customer base without impairing the
22		integrity of the 3-tier system.
23		(18) (A) A class 1 brewer licensee, who must also be
24		either a licensed brewer or licensed non-resident dealer
25		and annually manufacture less than 930,000 gallons of beer,
26		may make application to the State Commission for a

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

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1		of its beer to retail licensees; and (5) has
2		relinquished any brew pub license held by the licensee,
3		including any ownership interest it held in the
4		licensed brew pub.
5		(D) A self-distribution exemption holder shall
6		annually certify to the State Commission its
7		manufacture of beer during the previous 12 months and
8		its anticipated manufacture and sales of beer for the
9		next 12 months. The State Commission may fine, suspend,
10		or revoke a self-distribution exemption after a
11		hearing if it finds that the exemption holder has made
12		a material misrepresentation in its application,
13		violated a revenue or alcoholic beverage law of
14		Illinois, exceeded the manufacture of 930,000 gallons
15		of beer in any calendar year or became part of an
16		affiliated group manufacturing more than 930,000
17		gallons of beer or any other alcoholic beverage.
18		(E) The State Commission shall issue rules and
19		regulations governing self-distribution exemptions
20		consistent with this Act.
21		(F) Nothing in this paragraph (18) shall prohibit a
22		self-distribution exemption holder from entering into
23		or simultaneously having a distribution agreement with
24		a licensed Illinois importing distributor or a
25		distributor. If a self-distribution exemption holder
26		enters into a distribution agreement and has assigned

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1		distribution rights to an importing distributor or
2		distributor, then the self-distribution exemption
3		holder's distribution rights in the assigned
4		territories shall cease in a reasonable time not to
5		exceed 60 days.
6		(G) It is the intent of this paragraph (18) to
7		promote and continue orderly markets. The General
8		Assembly finds that in order to preserve Illinois'
9		regulatory distribution system, it is necessary to
10		create an exception for smaller manufacturers in order
11		to afford and allow such smaller manufacturers of beer
12		access to the marketplace in order to develop a
13		customer base without impairing the integrity of the
14		3-tier system.
15		(b) On or before April 30, 1999, the Commission shall
16		present a written report to the Governor and the General
17		Assembly that shall be based on a study of the impact of Public
18		Act 90-739 this amendatory Act of 1998 on the business of
19		soliciting, selling, and shipping alcoholic liquor from
20		outside of this State directly to residents of this State.
21		As part of its report, the Commission shall provide the
22		following information:
23		(i) the amount of State excise and sales tax revenues
24		generated as a result of Public Act 90-739 this amendatory
25		Act of 1998;
26		(ii) the amount of licensing fees received as a result

HB3855 Engrossed - 907 - LRB100 05985 AMC 16014 b
1		of Public Act 90-739 this amendatory Act of 1998;
2		(iii) the number of reported violations, the number of
3		cease and desist notices issued by the Commission, the
4		number of notices of violations issued to the Department of
5		Revenue, and the number of notices and complaints of
6		violations to law enforcement officials.
7		(Source: P.A. 98-401, eff. 8-16-13; 98-939, eff. 7-1-15;
8		98-941, eff. 1-1-15; 99-78, eff. 7-20-15; 99-448, eff. 8-24-15;
9		revised 9-13-16.)
10		(235 ILCS 5/5-1) (from Ch. 43, par. 115)
11		Sec. 5-1. Licenses issued by the Illinois Liquor Control
12		Commission shall be of the following classes:
13		(a) Manufacturer's license - Class 1. Distiller, Class 2.
14		Rectifier, Class 3. Brewer, Class 4. First Class Wine
15		Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
16		First Class Winemaker, Class 7. Second Class Winemaker, Class
17		8. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
18		10. Class 1 Brewer, Class 11. Class 2 Brewer,
19		(b) Distributor's license,
20		(c) Importing Distributor's license,
21		(d) Retailer's license,
22		(e) Special Event Retailer's license (not-for-profit),
23		(f) Railroad license,
24		(g) Boat license,
25		(h) Non-Beverage User's license,

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1		(i) Wine-maker's premises license,
2		(j) Airplane license,
3		(k) Foreign importer's license,
4		(l) Broker's license,
5		(m) Non-resident dealer's license,
6		(n) Brew Pub license,
7		(o) Auction liquor license,
8		(p) Caterer retailer license,
9		(q) Special use permit license,
10		(r) Winery shipper's license,
11		(s) Craft distiller tasting permit.
12		No person, firm, partnership, corporation, or other legal
13		business entity that is engaged in the manufacturing of wine
14		may concurrently obtain and hold a wine-maker's license and a
15		wine manufacturer's license.
16		(a) A manufacturer's license shall allow the manufacture,
17		importation in bulk, storage, distribution and sale of
18		alcoholic liquor to persons without the State, as may be
19		permitted by law and to licensees in this State as follows:
20		Class 1. A Distiller may make sales and deliveries of
21		alcoholic liquor to distillers, rectifiers, importing
22		distributors, distributors and non-beverage users and to no
23		other licensees.
24		Class 2. A Rectifier, who is not a distiller, as defined
25		herein, may make sales and deliveries of alcoholic liquor to
26		rectifiers, importing distributors, distributors, retailers

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1		and non-beverage users and to no other licensees.
2		Class 3. A Brewer may make sales and deliveries of beer to
3		importing distributors and distributors and may make sales as
4		authorized under subsection (e) of Section 6-4 of this Act.
5		Class 4. A first class wine-manufacturer may make sales and
6		deliveries of up to 50,000 gallons of wine to manufacturers,
7		importing distributors and distributors, and to no other
8		licensees.
9		Class 5. A second class Wine manufacturer may make sales
10		and deliveries of more than 50,000 gallons of wine to
11		manufacturers, importing distributors and distributors and to
12		no other licensees.
13		Class 6. A first-class wine-maker's license shall allow the
14		manufacture of up to 50,000 gallons of wine per year, and the
15		storage and sale of such wine to distributors in the State and
16		to persons without the State, as may be permitted by law. A
17		person who, prior to June 1, 2008 (the effective date of Public
18		Act 95-634), is a holder of a first-class wine-maker's license
19		and annually produces more than 25,000 gallons of its own wine
20		and who distributes its wine to licensed retailers shall cease
21		this practice on or before July 1, 2008 in compliance with
22		Public Act 95-634.
23		Class 7. A second-class wine-maker's license shall allow
24		the manufacture of between 50,000 and 150,000 gallons of wine
25		per year, and the storage and sale of such wine to distributors
26		in this State and to persons without the State, as may be

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1		permitted by law. A person who, prior to June 1, 2008 (the
2		effective date of Public Act 95-634), is a holder of a
3		second-class wine-maker's license and annually produces more
4		than 25,000 gallons of its own wine and who distributes its
5		wine to licensed retailers shall cease this practice on or
6		before July 1, 2008 in compliance with Public Act 95-634.
7		Class 8. A limited wine-manufacturer may make sales and
8		deliveries not to exceed 40,000 gallons of wine per year to
9		distributors, and to non-licensees in accordance with the
10		provisions of this Act.
11		Class 9. A craft distiller license shall allow the
12		manufacture of up to 100,000 March 1, 2013 (Public Act 97-1166)
13		gallons of spirits by distillation per year and the storage of
14		such spirits. If a craft distiller licensee, including a craft
15		distiller licensee who holds more than one craft distiller
16		license, is not affiliated with any other manufacturer of
17		spirits, then the craft distiller licensee may sell such
18		spirits to distributors in this State and up to 2,500 gallons
19		of such spirits to non-licensees to the extent permitted by any
20		exemption approved by the Commission pursuant to Section 6-4 of
21		this Act. A craft distiller license holder may store such
22		spirits at a non-contiguous licensed location, but at no time
23		shall a craft distiller license holder directly or indirectly
24		produce in the aggregate more than 100,000 gallons of spirits
25		per year.
26		A craft distiller licensee may hold more than one craft

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1		distiller's license. However, a craft distiller that holds more
2		than one craft distiller license shall not manufacture, in the
3		aggregate, more than 100,000 gallons of spirits by distillation
4		per year and shall not sell, in the aggregate, more than 2,500
5		gallons of such spirits to non-licensees in accordance with an
6		exemption approved by the State Commission pursuant to Section
7		6-4 of this Act.
8		Any craft distiller licensed under this Act who on July 28,
9		2010 (the effective date of Public Act 96-1367) was licensed as
10		a distiller and manufactured no more spirits than permitted by
11		this Section shall not be required to pay the initial licensing
12		fee.
13		Class 10. A class 1 brewer license, which may only be
14		issued to a licensed brewer or licensed non-resident dealer,
15		shall allow the manufacture of up to 930,000 gallons of beer
16		per year provided that the class 1 brewer licensee does not
17		manufacture more than a combined 930,000 gallons of beer per
18		year and is not a member of or affiliated with, directly or
19		indirectly, a manufacturer that produces more than 930,000
20		gallons of beer per year or any other alcoholic liquor. A class
21		1 brewer licensee may make sales and deliveries to importing
22		distributors and distributors and to retail licensees in
23		accordance with the conditions set forth in paragraph (18) of
24		subsection (a) of Section 3-12 of this Act.
25		Class 11. A class 2 brewer license, which may only be
26		issued to a licensed brewer or licensed non-resident dealer,

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1		shall allow the manufacture of up to 3,720,000 gallons of beer
2		per year provided that the class 2 brewer licensee does not
3		manufacture more than a combined 3,720,000 gallons of beer per
4		year and is not a member of or affiliated with, directly or
5		indirectly, a manufacturer that produces more than 3,720,000
6		gallons of beer per year or any other alcoholic liquor. A class
7		2 brewer licensee may make sales and deliveries to importing
8		distributors and distributors, but shall not make sales or
9		deliveries to any other licensee. If the State Commission
10		provides prior approval, a class 2 brewer licensee may annually
11		transfer up to 3,720,000 gallons of beer manufactured by that
12		class 2 brewer licensee to the premises of a licensed class 2
13		brewer wholly owned and operated by the same licensee.
14		(a-1) A manufacturer which is licensed in this State to
15		make sales or deliveries of alcoholic liquor to licensed
16		distributors or importing distributors and which enlists
17		agents, representatives, or individuals acting on its behalf
18		who contact licensed retailers on a regular and continual basis
19		in this State must register those agents, representatives, or
20		persons acting on its behalf with the State Commission.
21		Registration of agents, representatives, or persons acting
22		on behalf of a manufacturer is fulfilled by submitting a form
23		to the Commission. The form shall be developed by the
24		Commission and shall include the name and address of the
25		applicant, the name and address of the manufacturer he or she
26		represents, the territory or areas assigned to sell to or

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1		discuss pricing terms of alcoholic liquor, and any other
2		questions deemed appropriate and necessary. All statements in
3		the forms required to be made by law or by rule shall be deemed
4		material, and any person who knowingly misstates any material
5		fact under oath in an application is guilty of a Class B
6		misdemeanor. Fraud, misrepresentation, false statements,
7		misleading statements, evasions, or suppression of material
8		facts in the securing of a registration are grounds for
9		suspension or revocation of the registration. The State
10		Commission shall post a list of registered agents on the
11		Commission's website.
12		(b) A distributor's license shall allow the wholesale
13		purchase and storage of alcoholic liquors and sale of alcoholic
14		liquors to licensees in this State and to persons without the
15		State, as may be permitted by law. No person licensed as a
16		distributor shall be granted a non-resident dealer's license.
17		(c) An importing distributor's license may be issued to and
18		held by those only who are duly licensed distributors, upon the
19		filing of an application by a duly licensed distributor, with
20		the Commission and the Commission shall, without the payment of
21		any fee, immediately issue such importing distributor's
22		license to the applicant, which shall allow the importation of
23		alcoholic liquor by the licensee into this State from any point
24		in the United States outside this State, and the purchase of
25		alcoholic liquor in barrels, casks or other bulk containers and
26		the bottling of such alcoholic liquors before resale thereof,

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1		but all bottles or containers so filled shall be sealed,
2		labeled, stamped and otherwise made to comply with all
3		provisions, rules and regulations governing manufacturers in
4		the preparation and bottling of alcoholic liquors. The
5		importing distributor's license shall permit such licensee to
6		purchase alcoholic liquor from Illinois licensed non-resident
7		dealers and foreign importers only. No person licensed as an
8		importing distributor shall be granted a non-resident dealer's
9		license.
10		(d) A retailer's license shall allow the licensee to sell
11		and offer for sale at retail, only in the premises specified in
12		the license, alcoholic liquor for use or consumption, but not
13		for resale in any form. Nothing in Public Act 95-634 shall
14		deny, limit, remove, or restrict the ability of a holder of a
15		retailer's license to transfer, deliver, or ship alcoholic
16		liquor to the purchaser for use or consumption subject to any
17		applicable local law or ordinance. Any retail license issued to
18		a manufacturer shall only permit the manufacturer to sell beer
19		at retail on the premises actually occupied by the
20		manufacturer. For the purpose of further describing the type of
21		business conducted at a retail licensed premises, a retailer's
22		licensee may be designated by the State Commission as (i) an on
23		premise consumption retailer, (ii) an off premise sale
24		retailer, or (iii) a combined on premise consumption and off
25		premise sale retailer.
26		Notwithstanding any other provision of this subsection

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1		(d), a retail licensee may sell alcoholic liquors to a special
2		event retailer licensee for resale to the extent permitted
3		under subsection (e).
4		(e) A special event retailer's license (not-for-profit)
5		shall permit the licensee to purchase alcoholic liquors from an
6		Illinois licensed distributor (unless the licensee purchases
7		less than $500 of alcoholic liquors for the special event, in
8		which case the licensee may purchase the alcoholic liquors from
9		a licensed retailer) and shall allow the licensee to sell and
10		offer for sale, at retail, alcoholic liquors for use or
11		consumption, but not for resale in any form and only at the
12		location and on the specific dates designated for the special
13		event in the license. An applicant for a special event retailer
14		license must (i) furnish with the application: (A) a resale
15		number issued under Section 2c of the Retailers' Occupation Tax
16		Act or evidence that the applicant is registered under Section
17		2a of the Retailers' Occupation Tax Act, (B) a current, valid
18		exemption identification number issued under Section 1g of the
19		Retailers' Occupation Tax Act, and a certification to the
20		Commission that the purchase of alcoholic liquors will be a
21		tax-exempt purchase, or (C) a statement that the applicant is
22		not registered under Section 2a of the Retailers' Occupation
23		Tax Act, does not hold a resale number under Section 2c of the
24		Retailers' Occupation Tax Act, and does not hold an exemption
25		number under Section 1g of the Retailers' Occupation Tax Act,
26		in which event the Commission shall set forth on the special

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1		event retailer's license a statement to that effect; (ii)
2		submit with the application proof satisfactory to the State
3		Commission that the applicant will provide dram shop liability
4		insurance in the maximum limits; and (iii) show proof
5		satisfactory to the State Commission that the applicant has
6		obtained local authority approval.
7		(f) A railroad license shall permit the licensee to import
8		alcoholic liquors into this State from any point in the United
9		States outside this State and to store such alcoholic liquors
10		in this State; to make wholesale purchases of alcoholic liquors
11		directly from manufacturers, foreign importers, distributors
12		and importing distributors from within or outside this State;
13		and to store such alcoholic liquors in this State; provided
14		that the above powers may be exercised only in connection with
15		the importation, purchase or storage of alcoholic liquors to be
16		sold or dispensed on a club, buffet, lounge or dining car
17		operated on an electric, gas or steam railway in this State;
18		and provided further, that railroad licensees exercising the
19		above powers shall be subject to all provisions of Article VIII
20		of this Act as applied to importing distributors. A railroad
21		license shall also permit the licensee to sell or dispense
22		alcoholic liquors on any club, buffet, lounge or dining car
23		operated on an electric, gas or steam railway regularly
24		operated by a common carrier in this State, but shall not
25		permit the sale for resale of any alcoholic liquors to any
26		licensee within this State. A license shall be obtained for

HB3855 Engrossed - 917 - LRB100 05985 AMC 16014 b
1		each car in which such sales are made.
2		(g) A boat license shall allow the sale of alcoholic liquor
3		in individual drinks, on any passenger boat regularly operated
4		as a common carrier on navigable waters in this State or on any
5		riverboat operated under the Riverboat Gambling Act, which boat
6		or riverboat maintains a public dining room or restaurant
7		thereon.
8		(h) A non-beverage user's license shall allow the licensee
9		to purchase alcoholic liquor from a licensed manufacturer or
10		importing distributor, without the imposition of any tax upon
11		the business of such licensed manufacturer or importing
12		distributor as to such alcoholic liquor to be used by such
13		licensee solely for the non-beverage purposes set forth in
14		subsection (a) of Section 8-1 of this Act, and such licenses
15		shall be divided and classified and shall permit the purchase,
16		possession and use of limited and stated quantities of
17		alcoholic liquor as follows:
18		Class 1, not to exceed ......................... 500 gallons
19		Class 2, not to exceed ....................... 1,000 gallons
20		Class 3, not to exceed ....................... 5,000 gallons
21		Class 4, not to exceed ...................... 10,000 gallons
22		Class 5, not to exceed ....................... 50,000 gallons
23		(i) A wine-maker's premises license shall allow a licensee
24		that concurrently holds a first-class wine-maker's license to
25		sell and offer for sale at retail in the premises specified in
26		such license not more than 50,000 gallons of the first-class

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1		wine-maker's wine that is made at the first-class wine-maker's
2		licensed premises per year for use or consumption, but not for
3		resale in any form. A wine-maker's premises license shall allow
4		a licensee who concurrently holds a second-class wine-maker's
5		license to sell and offer for sale at retail in the premises
6		specified in such license up to 100,000 gallons of the
7		second-class wine-maker's wine that is made at the second-class
8		wine-maker's licensed premises per year for use or consumption
9		but not for resale in any form. A wine-maker's premises license
10		shall allow a licensee that concurrently holds a first-class
11		wine-maker's license or a second-class wine-maker's license to
12		sell and offer for sale at retail at the premises specified in
13		the wine-maker's premises license, for use or consumption but
14		not for resale in any form, any beer, wine, and spirits
15		purchased from a licensed distributor. Upon approval from the
16		State Commission, a wine-maker's premises license shall allow
17		the licensee to sell and offer for sale at (i) the wine-maker's
18		licensed premises and (ii) at up to 2 additional locations for
19		use and consumption and not for resale. Each location shall
20		require additional licensing per location as specified in
21		Section 5-3 of this Act. A wine-maker's premises licensee shall
22		secure liquor liability insurance coverage in an amount at
23		least equal to the maximum liability amounts set forth in
24		subsection (a) of Section 6-21 of this Act.
25		(j) An airplane license shall permit the licensee to import
26		alcoholic liquors into this State from any point in the United

HB3855 Engrossed - 919 - LRB100 05985 AMC 16014 b
1		States outside this State and to store such alcoholic liquors
2		in this State; to make wholesale purchases of alcoholic liquors
3		directly from manufacturers, foreign importers, distributors
4		and importing distributors from within or outside this State;
5		and to store such alcoholic liquors in this State; provided
6		that the above powers may be exercised only in connection with
7		the importation, purchase or storage of alcoholic liquors to be
8		sold or dispensed on an airplane; and provided further, that
9		airplane licensees exercising the above powers shall be subject
10		to all provisions of Article VIII of this Act as applied to
11		importing distributors. An airplane licensee shall also permit
12		the sale or dispensing of alcoholic liquors on any passenger
13		airplane regularly operated by a common carrier in this State,
14		but shall not permit the sale for resale of any alcoholic
15		liquors to any licensee within this State. A single airplane
16		license shall be required of an airline company if liquor
17		service is provided on board aircraft in this State. The annual
18		fee for such license shall be as determined in Section 5-3.
19		(k) A foreign importer's license shall permit such licensee
20		to purchase alcoholic liquor from Illinois licensed
21		non-resident dealers only, and to import alcoholic liquor other
22		than in bulk from any point outside the United States and to
23		sell such alcoholic liquor to Illinois licensed importing
24		distributors and to no one else in Illinois; provided that (i)
25		the foreign importer registers with the State Commission every
26		brand of alcoholic liquor that it proposes to sell to Illinois

HB3855 Engrossed - 920 - LRB100 05985 AMC 16014 b
1		licensees during the license period, (ii) the foreign importer
2		complies with all of the provisions of Section 6-9 of this Act
3		with respect to registration of such Illinois licensees as may
4		be granted the right to sell such brands at wholesale, and
5		(iii) the foreign importer complies with the provisions of
6		Sections 6-5 and 6-6 of this Act to the same extent that these
7		provisions apply to manufacturers.
8		(l) (i) A broker's license shall be required of all persons
9		who solicit orders for, offer to sell or offer to supply
10		alcoholic liquor to retailers in the State of Illinois, or who
11		offer to retailers to ship or cause to be shipped or to make
12		contact with distillers, rectifiers, brewers or manufacturers
13		or any other party within or without the State of Illinois in
14		order that alcoholic liquors be shipped to a distributor,
15		importing distributor or foreign importer, whether such
16		solicitation or offer is consummated within or without the
17		State of Illinois.
18		No holder of a retailer's license issued by the Illinois
19		Liquor Control Commission shall purchase or receive any
20		alcoholic liquor, the order for which was solicited or offered
21		for sale to such retailer by a broker unless the broker is the
22		holder of a valid broker's license.
23		The broker shall, upon the acceptance by a retailer of the
24		broker's solicitation of an order or offer to sell or supply or
25		deliver or have delivered alcoholic liquors, promptly forward
26		to the Illinois Liquor Control Commission a notification of

HB3855 Engrossed - 921 - LRB100 05985 AMC 16014 b
1		said transaction in such form as the Commission may by
2		regulations prescribe.
3		(ii) A broker's license shall be required of a person
4		within this State, other than a retail licensee, who, for a fee
5		or commission, promotes, solicits, or accepts orders for
6		alcoholic liquor, for use or consumption and not for resale, to
7		be shipped from this State and delivered to residents outside
8		of this State by an express company, common carrier, or
9		contract carrier. This Section does not apply to any person who
10		promotes, solicits, or accepts orders for wine as specifically
11		authorized in Section 6-29 of this Act.
12		A broker's license under this subsection (l) shall not
13		entitle the holder to buy or sell any alcoholic liquors for his
14		own account or to take or deliver title to such alcoholic
15		liquors.
16		This subsection (l) shall not apply to distributors,
17		employees of distributors, or employees of a manufacturer who
18		has registered the trademark, brand or name of the alcoholic
19		liquor pursuant to Section 6-9 of this Act, and who regularly
20		sells such alcoholic liquor in the State of Illinois only to
21		its registrants thereunder.
22		Any agent, representative, or person subject to
23		registration pursuant to subsection (a-1) of this Section shall
24		not be eligible to receive a broker's license.
25		(m) A non-resident dealer's license shall permit such
26		licensee to ship into and warehouse alcoholic liquor into this

HB3855 Engrossed - 922 - LRB100 05985 AMC 16014 b
1		State from any point outside of this State, and to sell such
2		alcoholic liquor to Illinois licensed foreign importers and
3		importing distributors and to no one else in this State;
4		provided that (i) said non-resident dealer shall register with
5		the Illinois Liquor Control Commission each and every brand of
6		alcoholic liquor which it proposes to sell to Illinois
7		licensees during the license period, (ii) it shall comply with
8		all of the provisions of Section 6-9 hereof with respect to
9		registration of such Illinois licensees as may be granted the
10		right to sell such brands at wholesale, and (iii) the
11		non-resident dealer shall comply with the provisions of
12		Sections 6-5 and 6-6 of this Act to the same extent that these
13		provisions apply to manufacturers. No person licensed as a
14		non-resident dealer shall be granted a distributor's or
15		importing distributor's license.
16		(n) A brew pub license shall allow the licensee to only (i)
17		manufacture up to 155,000 gallons of beer per year only on the
18		premises specified in the license, (ii) make sales of the beer
19		manufactured on the premises or, with the approval of the
20		Commission, beer manufactured on another brew pub licensed
21		premises that is wholly owned and operated by the same licensee
22		to importing distributors, distributors, and to non-licensees
23		for use and consumption, (iii) store the beer upon the
24		premises, (iv) sell and offer for sale at retail from the
25		licensed premises for off-premises consumption no more than
26		155,000 gallons per year so long as such sales are only made

HB3855 Engrossed - 923 - LRB100 05985 AMC 16014 b
1		in-person, (v) sell and offer for sale at retail for use and
2		consumption on the premises specified in the license any form
3		of alcoholic liquor purchased from a licensed distributor or
4		importing distributor, and (vi) with the prior approval of the
5		Commission, annually transfer no more than 155,000 gallons of
6		beer manufactured on the premises to a licensed brew pub wholly
7		owned and operated by the same licensee.
8		A brew pub licensee shall not under any circumstance sell
9		or offer for sale beer manufactured by the brew pub licensee to
10		retail licensees.
11		A person who holds a class 2 brewer license may
12		simultaneously hold a brew pub license if the class 2 brewer
13		(i) does not, under any circumstance, sell or offer for sale
14		beer manufactured by the class 2 brewer to retail licensees;
15		(ii) does not hold more than 3 brew pub licenses in this State;
16		(iii) does not manufacture more than a combined 3,720,000
17		gallons of beer per year, including the beer manufactured at
18		the brew pub; and (iv) is not a member of or affiliated with,
19		directly or indirectly, a manufacturer that produces more than
20		3,720,000 gallons of beer per year or any other alcoholic
21		liquor.
22		Notwithstanding any other provision of this Act, a licensed
23		brewer, class 2 brewer, or non-resident dealer who before July
24		1, 2015 manufactured less than 3,720,000 gallons of beer per
25		year and held a brew pub license on or before July 1, 2015 may
26		(i) continue to qualify for and hold that brew pub license for

HB3855 Engrossed - 924 - LRB100 05985 AMC 16014 b
1		the licensed premises and (ii) manufacture more than 3,720,000
2		gallons of beer per year and continue to qualify for and hold
3		that brew pub license if that brewer, class 2 brewer, or
4		non-resident dealer does not simultaneously hold a class 1
5		brewer license and is not a member of or affiliated with,
6		directly or indirectly, a manufacturer that produces more than
7		3,720,000 gallons of beer per year or that produces any other
8		alcoholic liquor.
9		(o) A caterer retailer license shall allow the holder to
10		serve alcoholic liquors as an incidental part of a food service
11		that serves prepared meals which excludes the serving of snacks
12		as the primary meal, either on or off-site whether licensed or
13		unlicensed.
14		(p) An auction liquor license shall allow the licensee to
15		sell and offer for sale at auction wine and spirits for use or
16		consumption, or for resale by an Illinois liquor licensee in
17		accordance with provisions of this Act. An auction liquor
18		license will be issued to a person and it will permit the
19		auction liquor licensee to hold the auction anywhere in the
20		State. An auction liquor license must be obtained for each
21		auction at least 14 days in advance of the auction date.
22		(q) A special use permit license shall allow an Illinois
23		licensed retailer to transfer a portion of its alcoholic liquor
24		inventory from its retail licensed premises to the premises
25		specified in the license hereby created, and to sell or offer
26		for sale at retail, only in the premises specified in the

HB3855 Engrossed - 925 - LRB100 05985 AMC 16014 b
1		license hereby created, the transferred alcoholic liquor for
2		use or consumption, but not for resale in any form. A special
3		use permit license may be granted for the following time
4		periods: one day or less; 2 or more days to a maximum of 15 days
5		per location in any 12-month 12 month period. An applicant for
6		the special use permit license must also submit with the
7		application proof satisfactory to the State Commission that the
8		applicant will provide dram shop liability insurance to the
9		maximum limits and have local authority approval.
10		(r) A winery shipper's license shall allow a person with a
11		first-class or second-class wine manufacturer's license, a
12		first-class or second-class wine-maker's license, or a limited
13		wine manufacturer's license or who is licensed to make wine
14		under the laws of another state to ship wine made by that
15		licensee directly to a resident of this State who is 21 years
16		of age or older for that resident's personal use and not for
17		resale. Prior to receiving a winery shipper's license, an
18		applicant for the license must provide the Commission with a
19		true copy of its current license in any state in which it is
20		licensed as a manufacturer of wine. An applicant for a winery
21		shipper's license must also complete an application form that
22		provides any other information the Commission deems necessary.
23		The application form shall include all addresses from which the
24		applicant for a winery shipper's license intends to ship wine,
25		including the name and address of any third party, except for a
26		common carrier, authorized to ship wine on behalf of the

HB3855 Engrossed - 926 - LRB100 05985 AMC 16014 b
1		manufacturer. The application form shall include an
2		acknowledgement consenting to the jurisdiction of the
3		Commission, the Illinois Department of Revenue, and the courts
4		of this State concerning the enforcement of this Act and any
5		related laws, rules, and regulations, including authorizing
6		the Department of Revenue and the Commission to conduct audits
7		for the purpose of ensuring compliance with Public Act 95-634,
8		and an acknowledgement that the wine manufacturer is in
9		compliance with Section 6-2 of this Act. Any third party,
10		except for a common carrier, authorized to ship wine on behalf
11		of a first-class or second-class wine manufacturer's licensee,
12		a first-class or second-class wine-maker's licensee, a limited
13		wine manufacturer's licensee, or a person who is licensed to
14		make wine under the laws of another state shall also be
15		disclosed by the winery shipper's licensee, and a copy of the
16		written appointment of the third-party wine provider, except
17		for a common carrier, to the wine manufacturer shall be filed
18		with the State Commission as a supplement to the winery
19		shipper's license application or any renewal thereof. The
20		winery shipper's license holder shall affirm under penalty of
21		perjury, as part of the winery shipper's license application or
22		renewal, that he or she only ships wine, either directly or
23		indirectly through a third-party provider, from the licensee's
24		own production.
25		Except for a common carrier, a third-party provider
26		shipping wine on behalf of a winery shipper's license holder is

HB3855 Engrossed - 927 - LRB100 05985 AMC 16014 b
1		the agent of the winery shipper's license holder and, as such,
2		a winery shipper's license holder is responsible for the acts
3		and omissions of the third-party provider acting on behalf of
4		the license holder. A third-party provider, except for a common
5		carrier, that engages in shipping wine into Illinois on behalf
6		of a winery shipper's license holder shall consent to the
7		jurisdiction of the State Commission and the State. Any
8		third-party, except for a common carrier, holding such an
9		appointment shall, by February 1 of each calendar year, file
10		with the State Commission a statement detailing each shipment
11		made to an Illinois resident. The State Commission shall adopt
12		rules as soon as practicable to implement the requirements of
13		Public Act 99-904 this amendatory Act of the 99th General
14		Assembly and shall adopt rules prohibiting any such third-party
15		appointment of a third-party provider, except for a common
16		carrier, that has been deemed by the State Commission to have
17		violated the provisions of this Act with regard to any winery
18		shipper licensee.
19		A winery shipper licensee must pay to the Department of
20		Revenue the State liquor gallonage tax under Section 8-1 for
21		all wine that is sold by the licensee and shipped to a person
22		in this State. For the purposes of Section 8-1, a winery
23		shipper licensee shall be taxed in the same manner as a
24		manufacturer of wine. A licensee who is not otherwise required
25		to register under the Retailers' Occupation Tax Act must
26		register under the Use Tax Act to collect and remit use tax to

HB3855 Engrossed - 928 - LRB100 05985 AMC 16014 b
1		the Department of Revenue for all gallons of wine that are sold
2		by the licensee and shipped to persons in this State. If a
3		licensee fails to remit the tax imposed under this Act in
4		accordance with the provisions of Article VIII of this Act, the
5		winery shipper's license shall be revoked in accordance with
6		the provisions of Article VII of this Act. If a licensee fails
7		to properly register and remit tax under the Use Tax Act or the
8		Retailers' Occupation Tax Act for all wine that is sold by the
9		winery shipper and shipped to persons in this State, the winery
10		shipper's license shall be revoked in accordance with the
11		provisions of Article VII of this Act.
12		A winery shipper licensee must collect, maintain, and
13		submit to the Commission on a semi-annual basis the total
14		number of cases per resident of wine shipped to residents of
15		this State. A winery shipper licensed under this subsection (r)
16		must comply with the requirements of Section 6-29 of this Act.
17		Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
18		Section 3-12, the State Commission may receive, respond to, and
19		investigate any complaint and impose any of the remedies
20		specified in paragraph (1) of subsection (a) of Section 3-12.
21		(s) A craft distiller tasting permit license shall allow an
22		Illinois licensed craft distiller to transfer a portion of its
23		alcoholic liquor inventory from its craft distiller licensed
24		premises to the premises specified in the license hereby
25		created and to conduct a sampling, only in the premises
26		specified in the license hereby created, of the transferred

HB3855 Engrossed - 929 - LRB100 05985 AMC 16014 b
1		alcoholic liquor in accordance with subsection (c) of Section
2		6-31 of this Act. The transferred alcoholic liquor may not be
3		sold or resold in any form. An applicant for the craft
4		distiller tasting permit license must also submit with the
5		application proof satisfactory to the State Commission that the
6		applicant will provide dram shop liability insurance to the
7		maximum limits and have local authority approval.
8		(Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13;
9		98-756, eff. 7-16-14; 99-448, eff. 8-24-15; 99-642, eff.
10		7-28-16; 99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904,
11		eff. 1-1-17; revised 9-15-16.)
12		(235 ILCS 5/5-3) (from Ch. 43, par. 118)
13		Sec. 5-3. License fees. Except as otherwise provided
14		herein, at the time application is made to the State Commission
15		for a license of any class, the applicant shall pay to the
16		State Commission the fee hereinafter provided for the kind of
17		license applied for.
18		The fee for licenses issued by the State Commission shall
19		be as follows:
20		For a manufacturer's license:
21 Online Initial 22 renewal license 23 or 24 non-online 25 renewal

HB3855 Engrossed - 930 - LRB100 05985 AMC 16014 b

1 For a manufacturer's license: 2 Class 1. Distiller ................. $4,000 $5,000 3 Class 2. Rectifier ................. 4,000 5,000 4 Class 3. Brewer .................... 1,200 1,500 5 Class 4. First-class Wine 6 Manufacturer ................... 750 900 7 Class 5. Second-class 8 Wine Manufacturer .............. 1,500 1,750 9 Class 6. First-class wine-maker .... 750 900 10 Class 7. Second-class wine-maker ... 1,500 1,750 11 Class 8. Limited Wine 12 Manufacturer.................... 250 350 13 Class 9. Craft Distiller............ 2,000 2,500 14 Class 10. Class 1 Brewer............ 50 75 15 Class 11. Class 2 Brewer............ 75 100 16 For a Brew Pub License.............. 1,200 1,500 17 For a caterer retailer's license.... 350 500 18 For a foreign importer's license ... 25 25 19 For an importing distributor's 20 license......................... 25 25 21 For a distributor's license 22 (11,250,000 gallons 23 or over)........................ 1,450 2,200 24 For a distributor's license 25 (over 4,500,000 gallons, but 26 under 11,250,000 gallons)....... 950 1,450

HB3855 Engrossed - 931 - LRB100 05985 AMC 16014 b

1 For a distributor's license 2 (4,500,000 gallons or under).... 300 450 3 For a non-resident dealer's license 4 (500,000 gallons or over) ...... 1,200 1,500 5 For a non-resident dealer's license 6 (under 500,000 gallons) ........ 250 350 7 For a wine-maker's premises 8 license ........................ 250 500 9 For a winery shipper's license 10 (under 250,000 gallons)......... 200 350 11 For a winery shipper's license 12 (250,000 or over, but 13 under 500,000 gallons).......... 750 1,000 14 For a winery shipper's license 15 (500,000 gallons or over)....... 1,200 1,500 16 For a wine-maker's premises license, 17 second location ................ 500 1,000 18 For a wine-maker's premises license, 19 third location ................. 500 1,000 20 For a retailer's license ........... 600 750 21 For a special event retailer's 22 license, (not-for-profit) ...... 25 25 23 For a special use permit license, 24 one day only ................... 100 150 25 2 days or more ................. 150 250 26 For a railroad license ............. 100 150

HB3855 Engrossed - 932 - LRB100 05985 AMC 16014 b
1 For a boat license ................. 500 1,000 2 For an airplane license, times the 3 licensee's maximum number of 4 aircraft in flight, serving 5 liquor over the State at any 6 given time, which either 7 originate, terminate, or make 8 an intermediate stop in 9 the State....................... 100 150 10 For a non-beverage user's license: 11 Class 1 ........................ 24 24 12 Class 2 ........................ 60 60 13 Class 3 ........................ 120 120 14 Class 4 ........................ 240 240 15 Class 5 ........................ 600 600 16 For a broker's license ............. 750 1,000 17 For an auction liquor license ...... 100 150 18 For a homebrewer special 19 event permit.................... 25 25 20 For a craft distiller 21 tasting permit.................. 25 25 22 For a BASSET trainer license........ 300 350 23 For a tasting representative 24 license......................... 200 300
25		Fees collected under this Section shall be paid into the
26		Dram Shop Fund. On and after July 1, 2003 and until June 30,

HB3855 Engrossed - 933 - LRB100 05985 AMC 16014 b
1		2016, of the funds received for a retailer's license, in
2		addition to the first $175, an additional $75 shall be paid
3		into the Dram Shop Fund, and $250 shall be paid into the
4		General Revenue Fund. On and after June 30, 2016, one-half of
5		the funds received for a retailer's license shall be paid into
6		the Dram Shop Fund and one-half of the funds received for a
7		retailer's license shall be paid into the General Revenue Fund.
8		Beginning June 30, 1990 and on June 30 of each subsequent year
9		through June 29, 2003, any balance over $5,000,000 remaining in
10		the Dram Shop Fund shall be credited to State liquor licensees
11		and applied against their fees for State liquor licenses for
12		the following year. The amount credited to each licensee shall
13		be a proportion of the balance in the Dram Fund that is the
14		same as the proportion of the license fee paid by the licensee
15		under this Section for the period in which the balance was
16		accumulated to the aggregate fees paid by all licensees during
17		that period.
18		No fee shall be paid for licenses issued by the State
19		Commission to the following non-beverage users:
20		(a) Hospitals, sanitariums, or clinics when their use
21		of alcoholic liquor is exclusively medicinal, mechanical
22		or scientific.
23		(b) Universities, colleges of learning or schools when
24		their use of alcoholic liquor is exclusively medicinal,
25		mechanical or scientific.
26		(c) Laboratories when their use is exclusively for the

HB3855 Engrossed - 934 - LRB100 05985 AMC 16014 b
1		purpose of scientific research.
2		(Source: P.A. 98-55, eff. 7-5-13; 99-448, eff. 8-24-15; 99-902,
3		eff. 8-26-16; 99-904, eff. 8-26-16; revised 9-13-16.)
4		(235 ILCS 5/6-4) (from Ch. 43, par. 121)
5		Sec. 6-4. (a) No person licensed by any licensing authority
6		as a distiller, or a wine manufacturer, or any subsidiary or
7		affiliate thereof, or any officer, associate, member, partner,
8		representative, employee, agent or shareholder owning more
9		than 5% of the outstanding shares of such person shall be
10		issued an importing distributor's or distributor's license,
11		nor shall any person licensed by any licensing authority as an
12		importing distributor, distributor or retailer, or any
13		subsidiary or affiliate thereof, or any officer or associate,
14		member, partner, representative, employee, agent or
15		shareholder owning more than 5% of the outstanding shares of
16		such person be issued a distiller's license, a craft
17		distiller's license, or a wine manufacturer's license; and no
18		person or persons licensed as a distiller or craft distiller by
19		any licensing authority shall have any interest, directly or
20		indirectly, with such distributor or importing distributor.
21		However, an importing distributor or distributor, which on
22		January 1, 1985 is owned by a brewer, or any subsidiary or
23		affiliate thereof or any officer, associate, member, partner,
24		representative, employee, agent or shareholder owning more
25		than 5% of the outstanding shares of the importing distributor

HB3855 Engrossed - 935 - LRB100 05985 AMC 16014 b
1		or distributor referred to in this paragraph, may own or
2		acquire an ownership interest of more than 5% of the
3		outstanding shares of a wine manufacturer and be issued a wine
4		manufacturer's license by any licensing authority.
5		(b) The foregoing provisions shall not apply to any person
6		licensed by any licensing authority as a distiller or wine
7		manufacturer, or to any subsidiary or affiliate of any
8		distiller or wine manufacturer who shall have been heretofore
9		licensed by the State Commission as either an importing
10		distributor or distributor during the annual licensing period
11		expiring June 30, 1947, and shall actually have made sales
12		regularly to retailers.
13		(c) Provided, however, that in such instances where a
14		distributor's or importing distributor's license has been
15		issued to any distiller or wine manufacturer or to any
16		subsidiary or affiliate of any distiller or wine manufacturer
17		who has, during the licensing period ending June 30, 1947, sold
18		or distributed as such licensed distributor or importing
19		distributor alcoholic liquors and wines to retailers, such
20		distiller or wine manufacturer or any subsidiary or affiliate
21		of any distiller or wine manufacturer holding such
22		distributor's or importing distributor's license may continue
23		to sell or distribute to retailers such alcoholic liquors and
24		wines which are manufactured, distilled, processed or marketed
25		by distillers and wine manufacturers whose products it sold or
26		distributed to retailers during the whole or any part of its

HB3855 Engrossed - 936 - LRB100 05985 AMC 16014 b
1		licensing periods; and such additional brands and additional
2		products may be added to the line of such distributor or
3		importing distributor, provided, that such brands and such
4		products were not sold or distributed by any distributor or
5		importing distributor licensed by the State Commission during
6		the licensing period ending June 30, 1947, but can not sell or
7		distribute to retailers any other alcoholic liquors or wines.
8		(d) It shall be unlawful for any distiller licensed
9		anywhere to have any stock ownership or interest in any
10		distributor's or importing distributor's license wherein any
11		other person has an interest therein who is not a distiller and
12		does not own more than 5% of any stock in any distillery.
13		Nothing herein contained shall apply to such distillers or
14		their subsidiaries or affiliates, who had a distributor's or
15		importing distributor's license during the licensing period
16		ending June 30, 1947, which license was owned in whole by such
17		distiller, or subsidiaries or affiliates of such distiller.
18		(e) Any person licensed as a brewer, class 1 brewer, or
19		class 2 brewer shall be permitted to sell on the licensed
20		premises to non-licensees for on or off-premises consumption
21		for the premises in which he or she actually conducts such
22		business beer manufactured by the brewer, class 1 brewer, or
23		class 2 brewer. Such sales shall be limited to on-premises,
24		in-person sales only, for lawful consumption on or off
25		premises. Such authorization shall be considered a privilege
26		granted by the brewer license and, other than a manufacturer of

HB3855 Engrossed - 937 - LRB100 05985 AMC 16014 b
1		beer as stated above, no manufacturer or distributor or
2		importing distributor, excluding airplane licensees exercising
3		powers provided in paragraph (i) of Section 5-1 of this Act, or
4		any subsidiary or affiliate thereof, or any officer, associate,
5		member, partner, representative, employee or agent, or
6		shareholder shall be issued a retailer's license, nor shall any
7		person having a retailer's license, excluding airplane
8		licensees exercising powers provided in paragraph (i) of
9		Section 5-1 of this Act, or any subsidiary or affiliate
10		thereof, or any officer, associate, member, partner,
11		representative or agent, or shareholder be issued a
12		manufacturer's license or importing distributor's license.
13		A person who holds a class 1 or class 2 brewer license and
14		is authorized by this Section to sell beer to non-licensees
15		shall not sell beer to non-licensees from more than 3 total
16		brewer or commonly owned brew pub licensed locations in this
17		State. The class 1 or class 2 brewer shall designate to the
18		State Commission the brewer or brew pub locations from which it
19		will sell beer to non-licensees.
20		A person licensed as a craft distiller, including a person
21		who holds more than one craft distiller license, not affiliated
22		with any other person manufacturing spirits may be authorized
23		by the Commission to sell up to 2,500 gallons of spirits
24		produced by the person to non-licensees for on or off-premises
25		consumption for the premises in which he or she actually
26		conducts business permitting only the retail sale of spirits

HB3855 Engrossed - 938 - LRB100 05985 AMC 16014 b
1		manufactured at such premises. Such sales shall be limited to
2		on-premises, in-person sales only, for lawful consumption on or
3		off premises, and such authorization shall be considered a
4		privilege granted by the craft distiller license. A craft
5		distiller licensed for retail sale shall secure liquor
6		liability insurance coverage in an amount at least equal to the
7		maximum liability amounts set forth in subsection (a) of
8		Section 6-21 of this Act.
9		A craft distiller license holder shall not deliver any
10		alcoholic liquor to any non-licensee off the licensed premises.
11		A craft distiller shall affirm in its annual craft distiller's
12		license application that it does not produce more than 100,000
13		gallons of distilled spirits annually and that the craft
14		distiller does not sell more than 2,500 gallons of spirits to
15		non-licensees for on or off-premises consumption. In the
16		application, which shall be sworn under penalty of perjury, the
17		craft distiller shall state the volume of production and sales
18		for each year since the craft distiller's establishment.
19		(f) (Blank).
20		(g) Notwithstanding any of the foregoing prohibitions, a
21		limited wine manufacturer may sell at retail at its
22		manufacturing site for on or off premises consumption and may
23		sell to distributors. A limited wine manufacturer licensee
24		shall secure liquor liability insurance coverage in an amount
25		at least equal to the maximum liability amounts set forth in
26		subsection (a) of Section 6-21 of this Act.

HB3855 Engrossed - 939 - LRB100 05985 AMC 16014 b
1		(h) The changes made to this Section by Public Act 99-47
2		shall not diminish or impair the rights of any person, whether
3		a distiller, wine manufacturer, agent, or affiliate thereof,
4		who requested in writing and submitted documentation to the
5		State Commission on or before February 18, 2015 to be approved
6		for a retail license pursuant to what has heretofore been
7		subsection (f); provided that, on or before that date, the
8		State Commission considered the intent of that person to apply
9		for the retail license under that subsection and, by recorded
10		vote, the State Commission approved a resolution indicating
11		that such a license application could be lawfully approved upon
12		that person duly filing a formal application for a retail
13		license and if that person, within 90 days of the State
14		Commission appearance and recorded vote, first filed an
15		application with the appropriate local commission, which
16		application was subsequently approved by the appropriate local
17		commission prior to consideration by the State Commission of
18		that person's application for a retail license. It is further
19		provided that the State Commission may approve the person's
20		application for a retail license or renewals of such license if
21		such person continues to diligently adhere to all
22		representations made in writing to the State Commission on or
23		before February 18, 2015, or thereafter, or in the affidavit
24		filed by that person with the State Commission to support the
25		issuance of a retail license and to abide by all applicable
26		laws and duly adopted rules.

HB3855 Engrossed - 940 - LRB100 05985 AMC 16014 b
1		(Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15;
2		99-642, eff. 7-28-16; 99-902, eff. 8-26-16; revised 10-25-16.)
3		(235 ILCS 5/6-11)
4		Sec. 6-11. Sale near churches, schools, and hospitals.
5		(a) No license shall be issued for the sale at retail of
6		any alcoholic liquor within 100 feet of any church, school
7		other than an institution of higher learning, hospital, home
8		for aged or indigent persons or for veterans, their spouses or
9		children or any military or naval station, provided, that this
10		prohibition shall not apply to hotels offering restaurant
11		service, regularly organized clubs, or to restaurants, food
12		shops or other places where sale of alcoholic liquors is not
13		the principal business carried on if the place of business so
14		exempted is not located in a municipality of more than 500,000
15		persons, unless required by local ordinance; nor to the renewal
16		of a license for the sale at retail of alcoholic liquor on
17		premises within 100 feet of any church or school where the
18		church or school has been established within such 100 feet
19		since the issuance of the original license. In the case of a
20		church, the distance of 100 feet shall be measured to the
21		nearest part of any building used for worship services or
22		educational programs and not to property boundaries.
23		(b) Nothing in this Section shall prohibit the issuance of
24		a retail license authorizing the sale of alcoholic liquor to a
25		restaurant, the primary business of which is the sale of goods

HB3855 Engrossed - 941 - LRB100 05985 AMC 16014 b
1		baked on the premises if (i) the restaurant is newly
2		constructed and located on a lot of not less than 10,000 square
3		feet, (ii) the restaurant costs at least $1,000,000 to
4		construct, (iii) the licensee is the titleholder to the
5		premises and resides on the premises, and (iv) the construction
6		of the restaurant is completed within 18 months of July 10,
7		1998 (the effective date of Public Act 90-617).
8		(c) Nothing in this Section shall prohibit the issuance of
9		a retail license authorizing the sale of alcoholic liquor
10		incidental to a restaurant if (1) the primary business of the
11		restaurant consists of the sale of food where the sale of
12		liquor is incidental to the sale of food and the applicant is a
13		completely new owner of the restaurant, (2) the immediately
14		prior owner or operator of the premises where the restaurant is
15		located operated the premises as a restaurant and held a valid
16		retail license authorizing the sale of alcoholic liquor at the
17		restaurant for at least part of the 24 months before the change
18		of ownership, and (3) the restaurant is located 75 or more feet
19		from a school.
20		(d) In the interest of further developing Illinois' economy
21		in the area of commerce, tourism, convention, and banquet
22		business, nothing in this Section shall prohibit issuance of a
23		retail license authorizing the sale of alcoholic beverages to a
24		restaurant, banquet facility, grocery store, or hotel having
25		not fewer than 150 guest room accommodations located in a
26		municipality of more than 500,000 persons, notwithstanding the

HB3855 Engrossed - 942 - LRB100 05985 AMC 16014 b
1		proximity of such hotel, restaurant, banquet facility, or
2		grocery store to any church or school, if the licensed premises
3		described on the license are located within an enclosed mall or
4		building of a height of at least 6 stories, or 60 feet in the
5		case of a building that has been registered as a national
6		landmark, or in a grocery store having a minimum of 56,010
7		square feet of floor space in a single story building in an
8		open mall of at least 3.96 acres that is adjacent to a public
9		school that opened as a boys technical high school in 1934, or
10		in a grocery store having a minimum of 31,000 square feet of
11		floor space in a single story building located a distance of
12		more than 90 feet but less than 100 feet from a high school
13		that opened in 1928 as a junior high school and became a senior
14		high school in 1933, and in each of these cases if the sale of
15		alcoholic liquors is not the principal business carried on by
16		the licensee.
17		For purposes of this Section, a "banquet facility" is any
18		part of a building that caters to private parties and where the
19		sale of alcoholic liquors is not the principal business.
20		(e) Nothing in this Section shall prohibit the issuance of
21		a license to a church or private school to sell at retail
22		alcoholic liquor if any such sales are limited to periods when
23		groups are assembled on the premises solely for the promotion
24		of some common object other than the sale or consumption of
25		alcoholic liquors.
26		(f) Nothing in this Section shall prohibit a church or

HB3855 Engrossed - 943 - LRB100 05985 AMC 16014 b
1		church affiliated school located in a home rule municipality or
2		in a municipality with 75,000 or more inhabitants from locating
3		within 100 feet of a property for which there is a preexisting
4		license to sell alcoholic liquor at retail. In these instances,
5		the local zoning authority may, by ordinance adopted
6		simultaneously with the granting of an initial special use
7		zoning permit for the church or church affiliated school,
8		provide that the 100-foot restriction in this Section shall not
9		apply to that church or church affiliated school and future
10		retail liquor licenses.
11		(g) Nothing in this Section shall prohibit the issuance of
12		a retail license authorizing the sale of alcoholic liquor at
13		premises within 100 feet, but not less than 90 feet, of a
14		public school if (1) the premises have been continuously
15		licensed to sell alcoholic liquor for a period of at least 50
16		years, (2) the premises are located in a municipality having a
17		population of over 500,000 inhabitants, (3) the licensee is an
18		individual who is a member of a family that has held the
19		previous 3 licenses for that location for more than 25 years,
20		(4) the principal of the school and the alderman of the ward in
21		which the school is located have delivered a written statement
22		to the local liquor control commissioner stating that they do
23		not object to the issuance of a license under this subsection
24		(g), and (5) the local liquor control commissioner has received
25		the written consent of a majority of the registered voters who
26		live within 200 feet of the premises.

HB3855 Engrossed - 944 - LRB100 05985 AMC 16014 b
1		(h) Notwithstanding any provision of this Section to the
2		contrary, nothing in this Section shall prohibit the issuance
3		or renewal of a license authorizing the sale of alcoholic
4		liquor within premises and at an outdoor patio area attached to
5		premises that are located in a municipality with a population
6		in excess of 300,000 inhabitants and that are within 100 feet
7		of a church if:
8		(1) the sale of alcoholic liquor at the premises is
9		incidental to the sale of food,
10		(2) the sale of liquor is not the principal business
11		carried on by the licensee at the premises,
12		(3) the premises are less than 1,000 square feet,
13		(4) the premises are owned by the University of
14		Illinois,
15		(5) the premises are immediately adjacent to property
16		owned by a church and are not less than 20 nor more than 40
17		feet from the church space used for worship services, and
18		(6) the principal religious leader at the place of
19		worship has indicated his or her support for the issuance
20		of the license in writing.
21		(i) Notwithstanding any provision in this Section to the
22		contrary, nothing in this Section shall prohibit the issuance
23		or renewal of a license to sell alcoholic liquor at a premises
24		that is located within a municipality with a population in
25		excess of 300,000 inhabitants and is within 100 feet of a
26		church, synagogue, or other place of worship if:

HB3855 Engrossed - 945 - LRB100 05985 AMC 16014 b
1		(1) the primary entrance of the premises and the
2		primary entrance of the church, synagogue, or other place
3		of worship are at least 100 feet apart, on parallel
4		streets, and separated by an alley; and
5		(2) the principal religious leader at the place of
6		worship has not indicated his or her opposition to the
7		issuance or renewal of the license in writing.
8		(j) Notwithstanding any provision in this Section to the
9		contrary, nothing in this Section shall prohibit the issuance
10		of a retail license authorizing the sale of alcoholic liquor at
11		a theater that is within 100 feet of a church if (1) the church
12		owns the theater, (2) the church leases the theater to one or
13		more entities, and (3) the theater is used by at least 5
14		different not-for-profit theater groups.
15		(k) Notwithstanding any provision in this Section to the
16		contrary, nothing in this Section shall prohibit the issuance
17		or renewal of a license authorizing the sale of alcoholic
18		liquor at a premises that is located within a municipality with
19		a population in excess of 1,000,000 inhabitants and is within
20		100 feet of a school if:
21		(1) the primary entrance of the premises and the
22		primary entrance of the school are parallel, on different
23		streets, and separated by an alley;
24		(2) the southeast corner of the premises are at least
25		350 feet from the southwest corner of the school;
26		(3) the school was built in 1978;

HB3855 Engrossed - 946 - LRB100 05985 AMC 16014 b
1		(4) the sale of alcoholic liquor at the premises is
2		incidental to the sale of food;
3		(5) the sale of alcoholic liquor is not the principal
4		business carried on by the licensee at the premises;
5		(6) the applicant is the owner of the restaurant and
6		has held a valid license authorizing the sale of alcoholic
7		liquor for the business to be conducted on the premises at
8		a different location for more than 7 years; and
9		(7) the premises is at least 2,300 square feet and sits
10		on a lot that is between 6,100 and 6,150 square feet.
11		(l) Notwithstanding any provision in this Section to the
12		contrary, nothing in this Section shall prohibit the issuance
13		or renewal of a license authorizing the sale of alcoholic
14		liquor at a premises that is located within a municipality with
15		a population in excess of 1,000,000 inhabitants and is within
16		100 feet of a church or school if:
17		(1) the primary entrance of the premises and the
18		closest entrance of the church or school is at least 90
19		feet apart and no greater than 95 feet apart;
20		(2) the shortest distance between the premises and the
21		church or school is at least 80 feet apart and no greater
22		than 85 feet apart;
23		(3) the applicant is the owner of the restaurant and on
24		November 15, 2006 held a valid license authorizing the sale
25		of alcoholic liquor for the business to be conducted on the
26		premises for at least 14 different locations;

HB3855 Engrossed - 947 - LRB100 05985 AMC 16014 b
1		(4) the sale of alcoholic liquor at the premises is
2		incidental to the sale of food;
3		(5) the sale of alcoholic liquor is not the principal
4		business carried on by the licensee at the premises;
5		(6) the premises is at least 3,200 square feet and sits
6		on a lot that is between 7,150 and 7,200 square feet; and
7		(7) the principal religious leader at the place of
8		worship has not indicated his or her opposition to the
9		issuance or renewal of the license in writing.
10		(m) Notwithstanding any provision in this Section to the
11		contrary, nothing in this Section shall prohibit the issuance
12		or renewal of a license authorizing the sale of alcoholic
13		liquor at a premises that is located within a municipality with
14		a population in excess of 1,000,000 inhabitants and is within
15		100 feet of a church if:
16		(1) the premises and the church are perpendicular, and
17		the primary entrance of the premises faces South while the
18		primary entrance of the church faces West and the distance
19		between the two entrances is more than 100 feet;
20		(2) the shortest distance between the premises lot line
21		and the exterior wall of the church is at least 80 feet;
22		(3) the church was established at the current location
23		in 1916 and the present structure was erected in 1925;
24		(4) the premises is a single story, single use building
25		with at least 1,750 square feet and no more than 2,000
26		square feet;

HB3855 Engrossed - 948 - LRB100 05985 AMC 16014 b
1		(5) the sale of alcoholic liquor at the premises is
2		incidental to the sale of food;
3		(6) the sale of alcoholic liquor is not the principal
4		business carried on by the licensee at the premises; and
5		(7) the principal religious leader at the place of
6		worship has not indicated his or her opposition to the
7		issuance or renewal of the license in writing.
8		(n) Notwithstanding any provision in this Section to the
9		contrary, nothing in this Section shall prohibit the issuance
10		or renewal of a license authorizing the sale of alcoholic
11		liquor at a premises that is located within a municipality with
12		a population in excess of 1,000,000 inhabitants and is within
13		100 feet of a school if:
14		(1) the school is a City of Chicago School District 299
15		school;
16		(2) the school is located within subarea E of City of
17		Chicago Residential Business Planned Development Number
18		70;
19		(3) the sale of alcoholic liquor is not the principal
20		business carried on by the licensee on the premises;
21		(4) the sale of alcoholic liquor at the premises is
22		incidental to the sale of food; and
23		(5) the administration of City of Chicago School
24		District 299 has expressed, in writing, its support for the
25		issuance of the license.
26		(o) Notwithstanding any provision of this Section to the

HB3855 Engrossed - 949 - LRB100 05985 AMC 16014 b
1		contrary, nothing in this Section shall prohibit the issuance
2		or renewal of a retail license authorizing the sale of
3		alcoholic liquor at a premises that is located within a
4		municipality in excess of 1,000,000 inhabitants and within 100
5		feet of a church if:
6		(1) the sale of alcoholic liquor at the premises is
7		incidental to the sale of food;
8		(2) the sale of alcoholic liquor is not the principal
9		business carried on by the licensee at the premises;
10		(3) the premises is located on a street that runs
11		perpendicular to the street on which the church is located;
12		(4) the primary entrance of the premises is at least
13		100 feet from the primary entrance of the church;
14		(5) the shortest distance between any part of the
15		premises and any part of the church is at least 60 feet;
16		(6) the premises is between 3,600 and 4,000 square feet
17		and sits on a lot that is between 3,600 and 4,000 square
18		feet; and
19		(7) the premises was built in the year 1909.
20		For purposes of this subsection (o), "premises" means a
21		place of business together with a privately owned outdoor
22		location that is adjacent to the place of business.
23		(p) Notwithstanding any provision in this Section to the
24		contrary, nothing in this Section shall prohibit the issuance
25		or renewal of a license authorizing the sale of alcoholic
26		liquor at a premises that is located within a municipality with

HB3855 Engrossed - 950 - LRB100 05985 AMC 16014 b
1		a population in excess of 1,000,000 inhabitants and within 100
2		feet of a church if:
3		(1) the shortest distance between the backdoor of the
4		premises, which is used as an emergency exit, and the
5		church is at least 80 feet;
6		(2) the church was established at the current location
7		in 1889; and
8		(3) liquor has been sold on the premises since at least
9		1985.
10		(q) Notwithstanding any provision of this Section to the
11		contrary, nothing in this Section shall prohibit the issuance
12		or renewal of a license authorizing the sale of alcoholic
13		liquor within a premises that is located in a municipality with
14		a population in excess of 1,000,000 inhabitants and within 100
15		feet of a church-owned property if:
16		(1) the premises is located within a larger building
17		operated as a grocery store;
18		(2) the area of the premises does not exceed 720 square
19		feet and the area of the larger building exceeds 18,000
20		square feet;
21		(3) the larger building containing the premises is
22		within 100 feet of the nearest property line of a
23		church-owned property on which a church-affiliated school
24		is located;
25		(4) the sale of liquor is not the principal business
26		carried on within the larger building;

HB3855 Engrossed - 951 - LRB100 05985 AMC 16014 b
1		(5) the primary entrance of the larger building and the
2		premises and the primary entrance of the church-affiliated
3		school are on different, parallel streets, and the distance
4		between the 2 primary entrances is more than 100 feet;
5		(6) the larger building is separated from the
6		church-owned property and church-affiliated school by an
7		alley;
8		(7) the larger building containing the premises and the
9		church building front are on perpendicular streets and are
10		separated by a street; and
11		(8) (Blank).
12		(r) Notwithstanding any provision of this Section to the
13		contrary, nothing in this Section shall prohibit the issuance,
14		renewal, or maintenance of a license authorizing the sale of
15		alcoholic liquor incidental to the sale of food within a
16		restaurant established in a premises that is located in a
17		municipality with a population in excess of 1,000,000
18		inhabitants and within 100 feet of a church if:
19		(1) the primary entrance of the church and the primary
20		entrance of the restaurant are at least 100 feet apart;
21		(2) the restaurant has operated on the ground floor and
22		lower level of a multi-story, multi-use building for more
23		than 40 years;
24		(3) the primary business of the restaurant consists of
25		the sale of food where the sale of liquor is incidental to
26		the sale of food;

HB3855 Engrossed - 952 - LRB100 05985 AMC 16014 b
1		(4) the sale of alcoholic liquor is conducted primarily
2		in the below-grade level of the restaurant to which the
3		only public access is by a staircase located inside the
4		restaurant; and
5		(5) the restaurant has held a license authorizing the
6		sale of alcoholic liquor on the premises for more than 40
7		years.
8		(s) Notwithstanding any provision of this Section to the
9		contrary, nothing in this Section shall prohibit renewal of a
10		license authorizing the sale of alcoholic liquor at a premises
11		that is located within a municipality with a population more
12		than 5,000 and less than 10,000 and is within 100 feet of a
13		church if:
14		(1) the church was established at the location within
15		100 feet of the premises after a license for the sale of
16		alcoholic liquor at the premises was first issued;
17		(2) a license for sale of alcoholic liquor at the
18		premises was first issued before January 1, 2007; and
19		(3) a license for the sale of alcoholic liquor on the
20		premises has been continuously in effect since January 1,
21		2007, except for interruptions between licenses of no more
22		than 90 days.
23		(t) Notwithstanding any provision of this Section to the
24		contrary, nothing in this Section shall prohibit the issuance
25		or renewal of a license authorizing the sale of alcoholic
26		liquor incidental to the sale of food within a restaurant that

HB3855 Engrossed - 953 - LRB100 05985 AMC 16014 b
1		is established in a premises that is located in a municipality
2		with a population in excess of 1,000,000 inhabitants and within
3		100 feet of a school and a church if:
4		(1) the restaurant is located inside a five-story
5		building with over 16,800 square feet of commercial space;
6		(2) the area of the premises does not exceed 31,050
7		square feet;
8		(3) the area of the restaurant does not exceed 5,800
9		square feet;
10		(4) the building has no less than 78 condominium units;
11		(5) the construction of the building in which the
12		restaurant is located was completed in 2006;
13		(6) the building has 10 storefront properties, 3 of
14		which are used for the restaurant;
15		(7) the restaurant will open for business in 2010;
16		(8) the building is north of the school and separated
17		by an alley; and
18		(9) the principal religious leader of the church and
19		either the alderman of the ward in which the school is
20		located or the principal of the school have delivered a
21		written statement to the local liquor control commissioner
22		stating that he or she does not object to the issuance of a
23		license under this subsection (t).
24		(u) Notwithstanding any provision in this Section to the
25		contrary, nothing in this Section shall prohibit the issuance
26		or renewal of a license to sell alcoholic liquor at a premises

HB3855 Engrossed - 954 - LRB100 05985 AMC 16014 b
1		that is located within a municipality with a population in
2		excess of 1,000,000 inhabitants and within 100 feet of a school
3		if:
4		(1) the premises operates as a restaurant and has been
5		in operation since February 2008;
6		(2) the applicant is the owner of the premises;
7		(3) the sale of alcoholic liquor is incidental to the
8		sale of food;
9		(4) the sale of alcoholic liquor is not the principal
10		business carried on by the licensee on the premises;
11		(5) the premises occupy the first floor of a 3-story
12		building that is at least 90 years old;
13		(6) the rear lot of the school and the rear corner of
14		the building that the premises occupy are separated by an
15		alley;
16		(7) the distance from the southwest corner of the
17		property line of the school and the northeast corner of the
18		building that the premises occupy is at least 16 feet, 5
19		inches;
20		(8) the distance from the rear door of the premises to
21		the southwest corner of the property line of the school is
22		at least 93 feet;
23		(9) the school is a City of Chicago School District 299
24		school;
25		(10) the school's main structure was erected in 1902
26		and an addition was built to the main structure in 1959;

HB3855 Engrossed - 955 - LRB100 05985 AMC 16014 b
1		and
2		(11) the principal of the school and the alderman in
3		whose district the premises are located have expressed, in
4		writing, their support for the issuance of the license.
5		(v) Notwithstanding any provision in this Section to the
6		contrary, nothing in this Section shall prohibit the issuance
7		or renewal of a license authorizing the sale of alcoholic
8		liquor at a premises that is located within a municipality with
9		a population in excess of 1,000,000 inhabitants and is within
10		100 feet of a school if:
11		(1) the total land area of the premises for which the
12		license or renewal is sought is more than 600,000 square
13		feet;
14		(2) the premises for which the license or renewal is
15		sought has more than 600 parking stalls;
16		(3) the total area of all buildings on the premises for
17		which the license or renewal is sought exceeds 140,000
18		square feet;
19		(4) the property line of the premises for which the
20		license or renewal is sought is separated from the property
21		line of the school by a street;
22		(5) the distance from the school's property line to the
23		property line of the premises for which the license or
24		renewal is sought is at least 60 feet;
25		(6) as of June 14, 2011 (the effective date of Public
26		Act 97-9), the premises for which the license or renewal is

HB3855 Engrossed - 956 - LRB100 05985 AMC 16014 b
1		sought is located in the Illinois Medical District.
2		(w) Notwithstanding any provision in this Section to the
3		contrary, nothing in this Section shall prohibit the issuance
4		or renewal of a license to sell alcoholic liquor at a premises
5		that is located within a municipality with a population in
6		excess of 1,000,000 inhabitants and within 100 feet of a church
7		if:
8		(1) the sale of alcoholic liquor at the premises is
9		incidental to the sale of food;
10		(2) the sale of alcoholic liquor is not the principal
11		business carried on by the licensee at the premises;
12		(3) the premises occupy the first floor and basement of
13		a 2-story building that is 106 years old;
14		(4) the premises is at least 7,000 square feet and
15		located on a lot that is at least 11,000 square feet;
16		(5) the premises is located directly west of the
17		church, on perpendicular streets, and separated by an
18		alley;
19		(6) the distance between the property line of the
20		premises and the property line of the church is at least 20
21		feet;
22		(7) the distance between the primary entrance of the
23		premises and the primary entrance of the church is at least
24		130 feet; and
25		(8) the church has been at its location for at least 40
26		years.

HB3855 Engrossed - 957 - LRB100 05985 AMC 16014 b
1		(x) Notwithstanding any provision of this Section to the
2		contrary, nothing in this Section shall prohibit the issuance
3		or renewal of a license authorizing the sale of alcoholic
4		liquor at a premises that is located within a municipality with
5		a population in excess of 1,000,000 inhabitants and within 100
6		feet of a church if:
7		(1) the sale of alcoholic liquor is not the principal
8		business carried on by the licensee at the premises;
9		(2) the church has been operating in its current
10		location since 1973;
11		(3) the premises has been operating in its current
12		location since 1988;
13		(4) the church and the premises are owned by the same
14		parish;
15		(5) the premises is used for cultural and educational
16		purposes;
17		(6) the primary entrance to the premises and the
18		primary entrance to the church are located on the same
19		street;
20		(7) the principal religious leader of the church has
21		indicated his support of the issuance of the license;
22		(8) the premises is a 2-story building of approximately
23		23,000 square feet; and
24		(9) the premises houses a ballroom on its ground floor
25		of approximately 5,000 square feet.
26		(y) Notwithstanding any provision of this Section to the

HB3855 Engrossed - 958 - LRB100 05985 AMC 16014 b
1		contrary, nothing in this Section shall prohibit the issuance
2		or renewal of a license authorizing the sale of alcoholic
3		liquor at a premises that is located within a municipality with
4		a population in excess of 1,000,000 inhabitants and within 100
5		feet of a school if:
6		(1) the sale of alcoholic liquor is not the principal
7		business carried on by the licensee at the premises;
8		(2) the sale of alcoholic liquor at the premises is
9		incidental to the sale of food;
10		(3) according to the municipality, the distance
11		between the east property line of the premises and the west
12		property line of the school is 97.8 feet;
13		(4) the school is a City of Chicago School District 299
14		school;
15		(5) the school has been operating since 1959;
16		(6) the primary entrance to the premises and the
17		primary entrance to the school are located on the same
18		street;
19		(7) the street on which the entrances of the premises
20		and the school are located is a major diagonal
21		thoroughfare;
22		(8) the premises is a single-story building of
23		approximately 2,900 square feet; and
24		(9) the premises is used for commercial purposes only.
25		(z) Notwithstanding any provision of this Section to the
26		contrary, nothing in this Section shall prohibit the issuance

HB3855 Engrossed - 959 - LRB100 05985 AMC 16014 b
1		or renewal of a license authorizing the sale of alcoholic
2		liquor at a premises that is located within a municipality with
3		a population in excess of 1,000,000 inhabitants and within 100
4		feet of a mosque if:
5		(1) the sale of alcoholic liquor is not the principal
6		business carried on by the licensee at the premises;
7		(2) the licensee shall only sell packaged liquors at
8		the premises;
9		(3) the licensee is a national retail chain having over
10		100 locations within the municipality;
11		(4) the licensee has over 8,000 locations nationwide;
12		(5) the licensee has locations in all 50 states;
13		(6) the premises is located in the North-East quadrant
14		of the municipality;
15		(7) the premises is a free-standing building that has
16		"drive-through" pharmacy service;
17		(8) the premises has approximately 14,490 square feet
18		of retail space;
19		(9) the premises has approximately 799 square feet of
20		pharmacy space;
21		(10) the premises is located on a major arterial street
22		that runs east-west and accepts truck traffic; and
23		(11) the alderman of the ward in which the premises is
24		located has expressed, in writing, his or her support for
25		the issuance of the license.
26		(aa) Notwithstanding any provision of this Section to the

HB3855 Engrossed - 960 - LRB100 05985 AMC 16014 b
1		contrary, nothing in this Section shall prohibit the issuance
2		or renewal of a license authorizing the sale of alcoholic
3		liquor at a premises that is located within a municipality with
4		a population in excess of 1,000,000 inhabitants and within 100
5		feet of a church if:
6		(1) the sale of alcoholic liquor is not the principal
7		business carried on by the licensee at the premises;
8		(2) the licensee shall only sell packaged liquors at
9		the premises;
10		(3) the licensee is a national retail chain having over
11		100 locations within the municipality;
12		(4) the licensee has over 8,000 locations nationwide;
13		(5) the licensee has locations in all 50 states;
14		(6) the premises is located in the North-East quadrant
15		of the municipality;
16		(7) the premises is located across the street from a
17		national grocery chain outlet;
18		(8) the premises has approximately 16,148 square feet
19		of retail space;
20		(9) the premises has approximately 992 square feet of
21		pharmacy space;
22		(10) the premises is located on a major arterial street
23		that runs north-south and accepts truck traffic; and
24		(11) the alderman of the ward in which the premises is
25		located has expressed, in writing, his or her support for
26		the issuance of the license.

HB3855 Engrossed - 961 - LRB100 05985 AMC 16014 b
1		(bb) Notwithstanding any provision of this Section to the
2		contrary, nothing in this Section shall prohibit the issuance
3		or renewal of a license authorizing the sale of alcoholic
4		liquor at a premises that is located within a municipality with
5		a population in excess of 1,000,000 inhabitants and within 100
6		feet of a church if:
7		(1) the sale of alcoholic liquor is not the principal
8		business carried on by the licensee at the premises;
9		(2) the sale of alcoholic liquor at the premises is
10		incidental to the sale of food;
11		(3) the primary entrance to the premises and the
12		primary entrance to the church are located on the same
13		street;
14		(4) the premises is across the street from the church;
15		(5) the street on which the premises and the church are
16		located is a major arterial street that runs east-west;
17		(6) the church is an elder-led and Bible-based Assyrian
18		church;
19		(7) the premises and the church are both single-story
20		buildings;
21		(8) the storefront directly west of the church is being
22		used as a restaurant; and
23		(9) the distance between the northern-most property
24		line of the premises and the southern-most property line of
25		the church is 65 feet.
26		(cc) Notwithstanding any provision of this Section to the

HB3855 Engrossed - 962 - LRB100 05985 AMC 16014 b
1		contrary, nothing in this Section shall prohibit the issuance
2		or renewal of a license authorizing the sale of alcoholic
3		liquor at a premises that is located within a municipality with
4		a population in excess of 1,000,000 inhabitants and within 100
5		feet of a school if:
6		(1) the sale of alcoholic liquor is not the principal
7		business carried on by the licensee at the premises;
8		(2) the licensee shall only sell packaged liquors at
9		the premises;
10		(3) the licensee is a national retail chain;
11		(4) as of October 25, 2011, the licensee has 1,767
12		stores operating nationwide, 87 stores operating in the
13		State, and 10 stores operating within the municipality;
14		(5) the licensee shall occupy approximately 124,000
15		square feet of space in the basement and first and second
16		floors of a building located across the street from a
17		school;
18		(6) the school opened in August of 2009 and occupies
19		approximately 67,000 square feet of space; and
20		(7) the building in which the premises shall be located
21		has been listed on the National Register of Historic Places
22		since April 17, 1970.
23		(dd) Notwithstanding any provision in this Section to the
24		contrary, nothing in this Section shall prohibit the issuance
25		or renewal of a license authorizing the sale of alcoholic
26		liquor within a full-service grocery store at a premises that

HB3855 Engrossed - 963 - LRB100 05985 AMC 16014 b
1		is located within a municipality with a population in excess of
2		1,000,000 inhabitants and is within 100 feet of a school if:
3		(1) the premises is constructed on land that was
4		purchased from the municipality at a fair market price;
5		(2) the premises is constructed on land that was
6		previously used as a parking facility for public safety
7		employees;
8		(3) the sale of alcoholic liquor is not the principal
9		business carried on by the licensee at the premises;
10		(4) the main entrance to the store is more than 100
11		feet from the main entrance to the school;
12		(5) the premises is to be new construction;
13		(6) the school is a private school;
14		(7) the principal of the school has given written
15		approval for the license;
16		(8) the alderman of the ward where the premises is
17		located has given written approval of the issuance of the
18		license;
19		(9) the grocery store level of the premises is between
20		60,000 and 70,000 square feet; and
21		(10) the owner and operator of the grocery store
22		operates 2 other grocery stores that have alcoholic liquor
23		licenses within the same municipality.
24		(ee) Notwithstanding any provision in this Section to the
25		contrary, nothing in this Section shall prohibit the issuance
26		or renewal of a license authorizing the sale of alcoholic

HB3855 Engrossed - 964 - LRB100 05985 AMC 16014 b
1		liquor within a full-service grocery store at a premises that
2		is located within a municipality with a population in excess of
3		1,000,000 inhabitants and is within 100 feet of a school if:
4		(1) the premises is constructed on land that once
5		contained an industrial steel facility;
6		(2) the premises is located on land that has undergone
7		environmental remediation;
8		(3) the premises is located within a retail complex
9		containing retail stores where some of the stores sell
10		alcoholic beverages;
11		(4) the principal activity of any restaurant in the
12		retail complex is the sale of food, and the sale of
13		alcoholic liquor is incidental to the sale of food;
14		(5) the sale of alcoholic liquor is not the principal
15		business carried on by the grocery store;
16		(6) the entrance to any business that sells alcoholic
17		liquor is more than 100 feet from the entrance to the
18		school;
19		(7) the alderman of the ward where the premises is
20		located has given written approval of the issuance of the
21		license; and
22		(8) the principal of the school has given written
23		consent to the issuance of the license.
24		(ff) Notwithstanding any provision of this Section to the
25		contrary, nothing in this Section shall prohibit the issuance
26		or renewal of a license authorizing the sale of alcoholic

HB3855 Engrossed - 965 - LRB100 05985 AMC 16014 b
1		liquor at a premises that is located within a municipality with
2		a population in excess of 1,000,000 inhabitants and within 100
3		feet of a school if:
4		(1) the sale of alcoholic liquor is not the principal
5		business carried on at the premises;
6		(2) the sale of alcoholic liquor at the premises is
7		incidental to the operation of a theater;
8		(3) the premises is a one and one-half-story building
9		of approximately 10,000 square feet;
10		(4) the school is a City of Chicago School District 299
11		school;
12		(5) the primary entrance of the premises and the
13		primary entrance of the school are at least 300 feet apart
14		and no more than 400 feet apart;
15		(6) the alderman of the ward in which the premises is
16		located has expressed, in writing, his support for the
17		issuance of the license; and
18		(7) the principal of the school has expressed, in
19		writing, that there is no objection to the issuance of a
20		license under this subsection (ff).
21		(gg) Notwithstanding any provision of this Section to the
22		contrary, nothing in this Section shall prohibit the issuance
23		or renewal of a license authorizing the sale of alcoholic
24		liquor incidental to the sale of food within a restaurant or
25		banquet facility established in a premises that is located in a
26		municipality with a population in excess of 1,000,000

HB3855 Engrossed - 966 - LRB100 05985 AMC 16014 b
1		inhabitants and within 100 feet of a church if:
2		(1) the sale of alcoholic liquor is not the principal
3		business carried on by the licensee at the premises;
4		(2) the property on which the church is located and the
5		property on which the premises are located are both within
6		a district originally listed on the National Register of
7		Historic Places on February 14, 1979;
8		(3) the property on which the premises are located
9		contains one or more multi-story buildings that are at
10		least 95 years old and have no more than three stories;
11		(4) the building in which the church is located is at
12		least 120 years old;
13		(5) the property on which the church is located is
14		immediately adjacent to and west of the property on which
15		the premises are located;
16		(6) the western boundary of the property on which the
17		premises are located is no less than 118 feet in length and
18		no more than 122 feet in length;
19		(7) as of December 31, 2012, both the church property
20		and the property on which the premises are located are
21		within 250 feet of City of Chicago Business-Residential
22		Planned Development Number 38;
23		(8) the principal religious leader at the place of
24		worship has indicated his or her support for the issuance
25		of the license in writing; and
26		(9) the alderman in whose district the premises are

HB3855 Engrossed - 967 - LRB100 05985 AMC 16014 b
1		located has expressed his or her support for the issuance
2		of the license in writing.
3		For the purposes of this subsection, "banquet facility"
4		means the part of the building that is located on the floor
5		above a restaurant and caters to private parties and where the
6		sale of alcoholic liquors is not the principal business.
7		(hh) Notwithstanding any provision of this Section to the
8		contrary, nothing in this Section shall prohibit the issuance
9		or renewal of a license authorizing the sale of alcoholic
10		liquor within a hotel and at an outdoor patio area attached to
11		the hotel that are located in a municipality with a population
12		in excess of 1,000,000 inhabitants and that are within 100 feet
13		of a hospital if:
14		(1) the sale of alcoholic liquor is not the principal
15		business carried on by the licensee at the hotel;
16		(2) the hotel is located within the City of Chicago
17		Business Planned Development Number 468; and
18		(3) the hospital is located within the City of Chicago
19		Institutional Planned Development Number 3.
20		(ii) Notwithstanding any provision of this Section to the
21		contrary, nothing in this Section shall prohibit the issuance
22		or renewal of a license authorizing the sale of alcoholic
23		liquor within a restaurant and at an outdoor patio area
24		attached to the restaurant that are located in a municipality
25		with a population in excess of 1,000,000 inhabitants and that
26		are within 100 feet of a church if:

HB3855 Engrossed - 968 - LRB100 05985 AMC 16014 b
1		(1) the sale of alcoholic liquor at the premises is not
2		the principal business carried on by the licensee and is
3		incidental to the sale of food;
4		(2) the restaurant has been operated on the street
5		level of a 2-story building located on a corner lot since
6		2008;
7		(3) the restaurant is between 3,700 and 4,000 square
8		feet and sits on a lot that is no more than 6,200 square
9		feet;
10		(4) the primary entrance to the restaurant and the
11		primary entrance to the church are located on the same
12		street;
13		(5) the street on which the restaurant and the church
14		are located is a major east-west street;
15		(6) the restaurant and the church are separated by a
16		one-way northbound street;
17		(7) the church is located to the west of and no more
18		than 65 feet from the restaurant; and
19		(8) the principal religious leader at the place of
20		worship has indicated his or her consent to the issuance of
21		the license in writing.
22		(jj) Notwithstanding any provision of this Section to the
23		contrary, nothing in this Section shall prohibit the issuance
24		or renewal of a license authorizing the sale of alcoholic
25		liquor at premises located within a municipality with a
26		population in excess of 1,000,000 inhabitants and within 100

HB3855 Engrossed - 969 - LRB100 05985 AMC 16014 b
1		feet of a church if:
2		(1) the sale of alcoholic liquor is not the principal
3		business carried on by the licensee at the premises;
4		(2) the sale of alcoholic liquor is incidental to the
5		sale of food;
6		(3) the premises are located east of the church, on
7		perpendicular streets, and separated by an alley;
8		(4) the distance between the primary entrance of the
9		premises and the primary entrance of the church is at least
10		175 feet;
11		(5) the distance between the property line of the
12		premises and the property line of the church is at least 40
13		feet;
14		(6) the licensee has been operating at the premises
15		since 2012;
16		(7) the church was constructed in 1904;
17		(8) the alderman of the ward in which the premises is
18		located has expressed, in writing, his or her support for
19		the issuance of the license; and
20		(9) the principal religious leader of the church has
21		delivered a written statement that he or she does not
22		object to the issuance of a license under this subsection
23		(jj).
24		(kk) Notwithstanding any provision of this Section to the
25		contrary, nothing in this Section shall prohibit the issuance
26		or renewal of a license authorizing the sale of alcoholic

HB3855 Engrossed - 970 - LRB100 05985 AMC 16014 b
1		liquor at a premises that is located within a municipality with
2		a population in excess of 1,000,000 inhabitants and within 100
3		feet of a school if:
4		(1) the sale of alcoholic liquor is not the principal
5		business carried on by the licensee at the premises;
6		(2) the licensee shall only sell packaged liquors on
7		the premises;
8		(3) the licensee is a national retail chain;
9		(4) as of February 27, 2013, the licensee had 1,778
10		stores operating nationwide, 89 operating in this State,
11		and 11 stores operating within the municipality;
12		(5) the licensee shall occupy approximately 169,048
13		square feet of space within a building that is located
14		across the street from a tuition-based preschool; and
15		(6) the alderman of the ward in which the premises is
16		located has expressed, in writing, his or her support for
17		the issuance of the license.
18		(ll) Notwithstanding any provision of this Section to the
19		contrary, nothing in this Section shall prohibit the issuance
20		or renewal of a license authorizing the sale of alcoholic
21		liquor at a premises that is located within a municipality with
22		a population in excess of 1,000,000 inhabitants and within 100
23		feet of a school if:
24		(1) the sale of alcoholic liquor is not the principal
25		business carried on by the licensee at the premises;
26		(2) the licensee shall only sell packaged liquors on

HB3855 Engrossed - 971 - LRB100 05985 AMC 16014 b
1		the premises;
2		(3) the licensee is a national retail chain;
3		(4) as of February 27, 2013, the licensee had 1,778
4		stores operating nationwide, 89 operating in this State,
5		and 11 stores operating within the municipality;
6		(5) the licensee shall occupy approximately 191,535
7		square feet of space within a building that is located
8		across the street from an elementary school; and
9		(6) the alderman of the ward in which the premises is
10		located has expressed, in writing, his or her support for
11		the issuance of the license.
12		(mm) Notwithstanding any provision of this Section to the
13		contrary, nothing in this Section shall prohibit the issuance
14		or renewal of a license authorizing the sale of alcoholic
15		liquor within premises and at an outdoor patio or sidewalk
16		cafe, or both, attached to premises that are located in a
17		municipality with a population in excess of 1,000,000
18		inhabitants and that are within 100 feet of a hospital if:
19		(1) the primary business of the restaurant consists of
20		the sale of food where the sale of liquor is incidental to
21		the sale of food;
22		(2) as a restaurant, the premises may or may not offer
23		catering as an incidental part of food service;
24		(3) the primary business of the restaurant is conducted
25		in space owned by a hospital or an entity owned or
26		controlled by, under common control with, or that controls

HB3855 Engrossed - 972 - LRB100 05985 AMC 16014 b
1		a hospital, and the chief hospital administrator has
2		expressed his or her support for the issuance of the
3		license in writing; and
4		(4) the hospital is an adult acute care facility
5		primarily located within the City of Chicago Institutional
6		Planned Development Number 3.
7		(nn) Notwithstanding any provision of this Section to the
8		contrary, nothing in this Section shall prohibit the issuance
9		or renewal of a license authorizing the sale of alcoholic
10		liquor at a premises that is located within a municipality with
11		a population in excess of 1,000,000 inhabitants and within 100
12		feet of a church if:
13		(1) the sale of alcoholic liquor is not the principal
14		business carried out on the premises;
15		(2) the sale of alcoholic liquor at the premises is
16		incidental to the operation of a theater;
17		(3) the premises are a building that was constructed in
18		1913 and opened on May 24, 1915 as a vaudeville theater,
19		and the premises were converted to a motion picture theater
20		in 1935;
21		(4) the church was constructed in 1889 with a stone
22		exterior;
23		(5) the primary entrance of the premises and the
24		primary entrance of the church are at least 100 feet apart;
25		and
26		(6) the principal religious leader at the place of

HB3855 Engrossed - 973 - LRB100 05985 AMC 16014 b
1		worship has indicated his or her consent to the issuance of
2		the license in writing; and
3		(7) the alderman in whose ward the premises are located
4		has expressed his or her support for the issuance of the
5		license in writing.
6		(oo) Notwithstanding any provision of this Section to the
7		contrary, nothing in this Section shall prohibit the issuance
8		or renewal of a license authorizing the sale of alcoholic
9		liquor at a premises that is located within a municipality with
10		a population in excess of 1,000,000 inhabitants and within 100
11		feet of a mosque, church, or other place of worship if:
12		(1) the primary entrance of the premises and the
13		primary entrance of the mosque, church, or other place of
14		worship are perpendicular and are on different streets;
15		(2) the primary entrance to the premises faces West and
16		the primary entrance to the mosque, church, or other place
17		of worship faces South;
18		(3) the distance between the 2 primary entrances is at
19		least 100 feet;
20		(4) the mosque, church, or other place of worship was
21		established in a location within 100 feet of the premises
22		after a license for the sale of alcohol at the premises was
23		first issued;
24		(5) the mosque, church, or other place of worship was
25		established on or around January 1, 2011;
26		(6) a license for the sale of alcohol at the premises

HB3855 Engrossed - 974 - LRB100 05985 AMC 16014 b
1		was first issued on or before January 1, 1985;
2		(7) a license for the sale of alcohol at the premises
3		has been continuously in effect since January 1, 1985,
4		except for interruptions between licenses of no more than
5		90 days; and
6		(8) the premises are a single-story, single-use
7		building of at least 3,000 square feet and no more than
8		3,380 square feet.
9		(pp) Notwithstanding any provision of this Section to the
10		contrary, nothing in this Section shall prohibit the issuance
11		or renewal of a license authorizing the sale of alcoholic
12		liquor incidental to the sale of food within a restaurant or
13		banquet facility established on premises that are located in a
14		municipality with a population in excess of 1,000,000
15		inhabitants and within 100 feet of at least one church if:
16		(1) the sale of liquor shall not be the principal
17		business carried on by the licensee at the premises;
18		(2) the premises are at least 2,000 square feet and no
19		more than 10,000 square feet and is located in a
20		single-story building;
21		(3) the property on which the premises are located is
22		within an area that, as of 2009, was designated as a
23		Renewal Community by the United States Department of
24		Housing and Urban Development;
25		(4) the property on which the premises are located and
26		the properties on which the churches are located are on the

HB3855 Engrossed - 975 - LRB100 05985 AMC 16014 b
1		same street;
2		(5) the property on which the premises are located is
3		immediately adjacent to and east of the property on which
4		at least one of the churches is located;
5		(6) the property on which the premises are located is
6		across the street and southwest of the property on which
7		another church is located;
8		(7) the principal religious leaders of the churches
9		have indicated their support for the issuance of the
10		license in writing; and
11		(8) the alderman in whose ward the premises are located
12		has expressed his or her support for the issuance of the
13		license in writing.
14		For purposes of this subsection (pp), "banquet facility"
15		means the part of the building that caters to private parties
16		and where the sale of alcoholic liquors is not the principal
17		business.
18		(qq) Notwithstanding any provision of this Section to the
19		contrary, nothing in this Section shall prohibit the issuance
20		or renewal of a license authorizing the sale of alcoholic
21		liquor on premises that are located within a municipality with
22		a population in excess of 1,000,000 inhabitants and within 100
23		feet of a church or school if:
24		(1) the primary entrance of the premises and the
25		closest entrance of the church or school are at least 200
26		feet apart and no greater than 300 feet apart;

HB3855 Engrossed - 976 - LRB100 05985 AMC 16014 b
1		(2) the shortest distance between the premises and the
2		church or school is at least 66 feet apart and no greater
3		than 81 feet apart;
4		(3) the premises are a single-story, steel-framed
5		commercial building with at least 18,042 square feet, and
6		was constructed in 1925 and 1997;
7		(4) the owner of the business operated within the
8		premises has been the general manager of a similar
9		supermarket within one mile from the premises, which has
10		had a valid license authorizing the sale of alcoholic
11		liquor since 2002, and is in good standing with the City of
12		Chicago;
13		(5) the principal religious leader at the place of
14		worship has indicated his or her support to the issuance or
15		renewal of the license in writing;
16		(6) the alderman of the ward has indicated his or her
17		support to the issuance or renewal of the license in
18		writing; and
19		(7) the principal of the school has indicated his or
20		her support to the issuance or renewal of the license in
21		writing.
22		(rr) Notwithstanding any provision of this Section to the
23		contrary, nothing in this Section shall prohibit the issuance
24		or renewal of a license authorizing the sale of alcoholic
25		liquor at premises located within a municipality with a
26		population in excess of 1,000,000 inhabitants and within 100

HB3855 Engrossed - 977 - LRB100 05985 AMC 16014 b
1		feet of a club that leases space to a school if:
2		(1) the sale of alcoholic liquor is not the principal
3		business carried out on the premises;
4		(2) the sale of alcoholic liquor at the premises is
5		incidental to the operation of a grocery store;
6		(3) the premises are a building of approximately 1,750
7		square feet and is rented by the owners of the grocery
8		store from a family member;
9		(4) the property line of the premises is approximately
10		68 feet from the property line of the club;
11		(5) the primary entrance of the premises and the
12		primary entrance of the club where the school leases space
13		are at least 100 feet apart;
14		(6) the director of the club renting space to the
15		school has indicated his or her consent to the issuance of
16		the license in writing; and
17		(7) the alderman in whose district the premises are
18		located has expressed his or her support for the issuance
19		of the license in writing.
20		(ss) Notwithstanding any provision of this Section to the
21		contrary, nothing in this Section shall prohibit the issuance
22		or renewal of a license authorizing the sale of alcoholic
23		liquor at premises located within a municipality with a
24		population in excess of 1,000,000 inhabitants and within 100
25		feet of a church if:
26		(1) the premises are located within a 15 unit building

HB3855 Engrossed - 978 - LRB100 05985 AMC 16014 b
1		with 13 residential apartments and 2 commercial spaces, and
2		the licensee will occupy both commercial spaces;
3		(2) a restaurant has been operated on the premises
4		since June 2011;
5		(3) the restaurant currently occupies 1,075 square
6		feet, but will be expanding to include 975 additional
7		square feet;
8		(4) the sale of alcoholic liquor is not the principal
9		business carried on by the licensee at the premises;
10		(5) the premises are located south of the church and on
11		the same street and are separated by a one-way westbound
12		street;
13		(6) the primary entrance of the premises is at least 93
14		feet from the primary entrance of the church;
15		(7) the shortest distance between any part of the
16		premises and any part of the church is at least 72 feet;
17		(8) the building in which the restaurant is located was
18		built in 1910;
19		(9) the alderman of the ward in which the premises are
20		located has expressed, in writing, his or her support for
21		the issuance of the license; and
22		(10) the principal religious leader of the church has
23		delivered a written statement that he or she does not
24		object to the issuance of a license under this subsection
25		(ss).
26		(tt) Notwithstanding any provision of this Section to the

HB3855 Engrossed - 979 - LRB100 05985 AMC 16014 b
1		contrary, nothing in this Section shall prohibit the issuance
2		or renewal of a license authorizing the sale of alcoholic
3		liquor at premises located within a municipality with a
4		population in excess of 1,000,000 inhabitants and within 100
5		feet of a church if:
6		(1) the sale of alcoholic liquor is not the principal
7		business carried on by the licensee at the premises;
8		(2) the sale of alcoholic liquor is incidental to the
9		sale of food;
10		(3) the sale of alcoholic liquor at the premises was
11		previously authorized by a package goods liquor license;
12		(4) the premises are at least 40,000 square feet with
13		25 parking spaces in the contiguous surface lot to the
14		north of the store and 93 parking spaces on the roof;
15		(5) the shortest distance between the lot line of the
16		parking lot of the premises and the exterior wall of the
17		church is at least 80 feet;
18		(6) the distance between the building in which the
19		church is located and the building in which the premises
20		are located is at least 180 feet;
21		(7) the main entrance to the church faces west and is
22		at least 257 feet from the main entrance of the premises;
23		and
24		(8) the applicant is the owner of 10 similar grocery
25		stores within the City of Chicago and the surrounding area
26		and has been in business for more than 30 years.

HB3855 Engrossed - 980 - LRB100 05985 AMC 16014 b
1		(uu) Notwithstanding any provision of this Section to the
2		contrary, nothing in this Section shall prohibit the issuance
3		or renewal of a license authorizing the sale of alcoholic
4		liquor at premises located within a municipality with a
5		population in excess of 1,000,000 inhabitants and within 100
6		feet of a church if:
7		(1) the sale of alcoholic liquor is not the principal
8		business carried on by the licensee at the premises;
9		(2) the sale of alcoholic liquor is incidental to the
10		operation of a grocery store;
11		(3) the premises are located in a building that is
12		approximately 68,000 square feet with 157 parking spaces on
13		property that was previously vacant land;
14		(4) the main entrance to the church faces west and is
15		at least 500 feet from the entrance of the premises, which
16		faces north;
17		(5) the church and the premises are separated by an
18		alley;
19		(6) the applicant is the owner of 9 similar grocery
20		stores in the City of Chicago and the surrounding area and
21		has been in business for more than 40 years; and
22		(7) the alderman of the ward in which the premises are
23		located has expressed, in writing, his or her support for
24		the issuance of the license.
25		(vv) Notwithstanding any provision of this Section to the
26		contrary, nothing in this Section shall prohibit the issuance

HB3855 Engrossed - 981 - LRB100 05985 AMC 16014 b
1		or renewal of a license authorizing the sale of alcoholic
2		liquor at premises located within a municipality with a
3		population in excess of 1,000,000 inhabitants and within 100
4		feet of a church if:
5		(1) the sale of alcoholic liquor is the principal
6		business carried on by the licensee at the premises;
7		(2) the sale of alcoholic liquor is primary to the sale
8		of food;
9		(3) the premises are located south of the church and on
10		perpendicular streets and are separated by a driveway;
11		(4) the primary entrance of the premises is at least
12		100 feet from the primary entrance of the church;
13		(5) the shortest distance between any part of the
14		premises and any part of the church is at least 15 feet;
15		(6) the premises are less than 100 feet from the church
16		center, but greater than 100 feet from the area within the
17		building where church services are held;
18		(7) the premises are 25,830 square feet and sit on a
19		lot that is 0.48 acres;
20		(8) the premises were once designated as a Korean
21		American Presbyterian Church and were once used as a
22		Masonic Temple;
23		(9) the premises were built in 1910;
24		(10) the alderman of the ward in which the premises are
25		located has expressed, in writing, his or her support for
26		the issuance of the license; and

HB3855 Engrossed - 982 - LRB100 05985 AMC 16014 b
1		(11) the principal religious leader of the church has
2		delivered a written statement that he or she does not
3		object to the issuance of a license under this subsection
4		(vv).
5		For the purposes of this subsection (vv), "premises" means
6		a place of business together with a privately owned outdoor
7		location that is adjacent to the place of business.
8		(ww) Notwithstanding any provision of this Section to the
9		contrary, nothing in this Section shall prohibit the issuance
10		or renewal of a license authorizing the sale of alcoholic
11		liquor at premises located within a municipality with a
12		population in excess of 1,000,000 inhabitants and within 100
13		feet of a school if:
14		(1) the school is located within Sub Area III of City
15		of Chicago Residential-Business Planned Development Number
16		523, as amended; and
17		(2) the premises are located within Sub Area I, Sub
18		Area II, or Sub Area IV of City of Chicago
19		Residential-Business Planned Development Number 523, as
20		amended.
21		(xx) Notwithstanding any provision of this Section to the
22		contrary, nothing in this Section shall prohibit the issuance
23		or renewal of a license authorizing the sale of alcoholic
24		liquor at premises located within a municipality with a
25		population in excess of 1,000,000 inhabitants and within 100
26		feet of a church if:

HB3855 Engrossed - 983 - LRB100 05985 AMC 16014 b
1		(1) the sale of wine or wine-related products is the
2		exclusive business carried on by the licensee at the
3		premises;
4		(2) the primary entrance of the premises and the
5		primary entrance of the church are at least 100 feet apart
6		and are located on different streets;
7		(3) the building in which the premises are located and
8		the building in which the church is located are separated
9		by an alley;
10		(4) the premises consists of less than 2,000 square
11		feet of floor area dedicated to the sale of wine or
12		wine-related products;
13		(5) the premises are located on the first floor of a
14		2-story building that is at least 99 years old and has a
15		residential unit on the second floor; and
16		(6) the principal religious leader at the church has
17		indicated his or her support for the issuance or renewal of
18		the license in writing.
19		(yy) Notwithstanding any provision of this Section to the
20		contrary, nothing in this Section shall prohibit the issuance
21		or renewal of a license authorizing the sale of alcoholic
22		liquor at premises located within a municipality with a
23		population in excess of 1,000,000 inhabitants and within 100
24		feet of a church if:
25		(1) the premises are a 27-story hotel containing 191
26		guest rooms;

HB3855 Engrossed - 984 - LRB100 05985 AMC 16014 b
1		(2) the sale of alcoholic liquor is not the principal
2		business carried on by the licensee at the premises and is
3		limited to a restaurant located on the first floor of the
4		hotel;
5		(3) the hotel is adjacent to the church;
6		(4) the site is zoned as DX-16;
7		(5) the principal religious leader of the church has
8		delivered a written statement that he or she does not
9		object to the issuance of a license under this subsection
10		(yy); and
11		(6) the alderman of the ward in which the premises are
12		located has expressed, in writing, his or her support for
13		the issuance of the license.
14		(zz) Notwithstanding any provision of this Section to the
15		contrary, nothing in this Section shall prohibit the issuance
16		or renewal of a license authorizing the sale of alcoholic
17		liquor at premises located within a municipality with a
18		population in excess of 1,000,000 inhabitants and within 100
19		feet of a church if:
20		(1) the premises are a 15-story hotel containing 143
21		guest rooms;
22		(2) the premises are approximately 85,691 square feet;
23		(3) a restaurant is operated on the premises;
24		(4) the restaurant is located in the first floor lobby
25		of the hotel;
26		(5) the sale of alcoholic liquor is not the principal

HB3855 Engrossed - 985 - LRB100 05985 AMC 16014 b
1		business carried on by the licensee at the premises;
2		(6) the hotel is located approximately 50 feet from the
3		church and is separated from the church by a public street
4		on the ground level and by air space on the upper level,
5		which is where the public entrances are located;
6		(7) the site is zoned as DX-16;
7		(8) the principal religious leader of the church has
8		delivered a written statement that he or she does not
9		object to the issuance of a license under this subsection
10		(zz); and
11		(9) the alderman of the ward in which the premises are
12		located has expressed, in writing, his or her support for
13		the issuance of the license.
14		(aaa) Notwithstanding any provision in this Section to the
15		contrary, nothing in this Section shall prohibit the issuance
16		or renewal of a license authorizing the sale of alcoholic
17		liquor within a full-service grocery store at premises located
18		within a municipality with a population in excess of 1,000,000
19		inhabitants and within 100 feet of a school if:
20		(1) the sale of alcoholic liquor is not the primary
21		business activity of the grocery store;
22		(2) the premises are newly constructed on land that was
23		formerly used by the Young Men's Christian Association;
24		(3) the grocery store is located within a planned
25		development that was approved by the municipality in 2007;
26		(4) the premises are located in a multi-building,

HB3855 Engrossed - 986 - LRB100 05985 AMC 16014 b
1		mixed-use complex;
2		(5) the entrance to the grocery store is located more
3		than 200 feet from the entrance to the school;
4		(6) the entrance to the grocery store is located across
5		the street from the back of the school building, which is
6		not used for student or public access;
7		(7) the grocery store executed a binding lease for the
8		property in 2008;
9		(8) the premises consist of 2 levels and occupy more
10		than 80,000 square feet;
11		(9) the owner and operator of the grocery store
12		operates at least 10 other grocery stores that have
13		alcoholic liquor licenses within the same municipality;
14		and
15		(10) the director of the school has expressed, in
16		writing, his or her support for the issuance of the
17		license.
18		(bbb) Notwithstanding any provision of this Section to the
19		contrary, nothing in this Section shall prohibit the issuance
20		or renewal of a license authorizing the sale of alcoholic
21		liquor at premises located within a municipality with a
22		population in excess of 1,000,000 inhabitants and within 100
23		feet of a church if:
24		(1) the sale of alcoholic liquor at the premises is
25		incidental to the sale of food;
26		(2) the premises are located in a single-story building

HB3855 Engrossed - 987 - LRB100 05985 AMC 16014 b
1		of primarily brick construction containing at least 6
2		commercial units constructed before 1940;
3		(3) the premises are located in a B3-2 zoning district;
4		(4) the premises are less than 4,000 square feet;
5		(5) the church established its congregation in 1891 and
6		completed construction of the church building in 1990;
7		(6) the premises are located south of the church;
8		(7) the premises and church are located on the same
9		street and are separated by a one-way westbound street; and
10		(8) the principal religious leader of the church has
11		not indicated his or her opposition to the issuance or
12		renewal of the license in writing.
13		(ccc) Notwithstanding any provision of this Section to the
14		contrary, nothing in this Section shall prohibit the issuance
15		or renewal of a license authorizing the sale of alcoholic
16		liquor within a full-service grocery store at premises located
17		within a municipality with a population in excess of 1,000,000
18		inhabitants and within 100 feet of a church and school if:
19		(1) as of March 14, 2007, the premises are located in a
20		City of Chicago Residential-Business Planned Development
21		No. 1052;
22		(2) the sale of alcoholic liquor is not the principal
23		business carried on by the licensee at the premises;
24		(3) the sale of alcoholic liquor is incidental to the
25		operation of a grocery store and comprises no more than 10%
26		of the total in-store sales;

HB3855 Engrossed - 988 - LRB100 05985 AMC 16014 b
1		(4) the owner and operator of the grocery store
2		operates at least 10 other grocery stores that have
3		alcoholic liquor licenses within the same municipality;
4		(5) the premises are new construction when the license
5		is first issued;
6		(6) the constructed premises are to be no less than
7		50,000 square feet;
8		(7) the school is a private church-affiliated school;
9		(8) the premises and the property containing the church
10		and church-affiliated school are located on perpendicular
11		streets and the school and church are adjacent to one
12		another;
13		(9) the pastor of the church and school has expressed,
14		in writing, support for the issuance of the license; and
15		(10) the alderman of the ward in which the premises are
16		located has expressed, in writing, his or her support for
17		the issuance of the license.
18		(ddd) Notwithstanding any provision of this Section to the
19		contrary, nothing in this Section shall prohibit the issuance
20		or renewal of a license authorizing the sale of alcoholic
21		liquor at premises located within a municipality with a
22		population in excess of 1,000,000 inhabitants and within 100
23		feet of a church or school if:
24		(1) the business has been issued a license from the
25		municipality to allow the business to operate a theater on
26		the premises;

HB3855 Engrossed - 989 - LRB100 05985 AMC 16014 b
1		(2) the theater has less than 200 seats;
2		(3) the premises are approximately 2,700 to 3,100
3		square feet of space;
4		(4) the premises are located to the north of the
5		church;
6		(5) the primary entrance of the premises and the
7		primary entrance of any church within 100 feet of the
8		premises are located either on a different street or across
9		a right-of-way from the premises;
10		(6) the primary entrance of the premises and the
11		primary entrance of any school within 100 feet of the
12		premises are located either on a different street or across
13		a right-of-way from the premises;
14		(7) the premises are located in a building that is at
15		least 100 years old; and
16		(8) any church or school located within 100 feet of the
17		premises has indicated its support for the issuance or
18		renewal of the license to the premises in writing.
19		(eee) Notwithstanding any provision of this Section to the
20		contrary, nothing in this Section shall prohibit the issuance
21		or renewal of a license authorizing the sale of alcoholic
22		liquor at premises located within a municipality with a
23		population in excess of 1,000,000 inhabitants and within 100
24		feet of a church and school if:
25		(1) the sale of alcoholic liquor is incidental to the
26		sale of food;

HB3855 Engrossed - 990 - LRB100 05985 AMC 16014 b
1		(2) the sale of alcoholic liquor is not the principal
2		business carried on by the applicant on the premises;
3		(3) a family-owned restaurant has operated on the
4		premises since 1957;
5		(4) the premises occupy the first floor of a 3-story
6		building that is at least 90 years old;
7		(5) the distance between the property line of the
8		premises and the property line of the church is at least 20
9		feet;
10		(6) the church was established at its current location
11		and the present structure was erected before 1900;
12		(7) the primary entrance of the premises is at least 75
13		feet from the primary entrance of the church;
14		(8) the school is affiliated with the church;
15		(9) the principal religious leader at the place of
16		worship has indicated his or her support for the issuance
17		of the license in writing;
18		(10) the principal of the school has indicated in
19		writing that he or she is not opposed to the issuance of
20		the license; and
21		(11) the alderman of the ward in which the premises are
22		located has expressed, in writing, his or her lack of an
23		objection to the issuance of the license.
24		(fff) Notwithstanding any provision of this Section to the
25		contrary, nothing in this Section shall prohibit the issuance
26		or renewal of a license authorizing the sale of alcoholic

HB3855 Engrossed - 991 - LRB100 05985 AMC 16014 b
1		liquor at premises located within a municipality with a
2		population in excess of 1,000,000 inhabitants and within 100
3		feet of a church if:
4		(1) the sale of alcoholic liquor is not the principal
5		business carried on by the licensee at the premises;
6		(2) the sale of alcoholic liquor at the premises is
7		incidental to the operation of a grocery store;
8		(3) the premises are a one-story building containing
9		approximately 10,000 square feet and are rented by the
10		owners of the grocery store;
11		(4) the sale of alcoholic liquor at the premises occurs
12		in a retail area of the grocery store that is approximately
13		3,500 square feet;
14		(5) the grocery store has operated at the location
15		since 1984;
16		(6) the grocery store is closed on Sundays;
17		(7) the property on which the premises are located is a
18		corner lot that is bound by 3 streets and an alley, where
19		one street is a one-way street that runs north-south, one
20		street runs east-west, and one street runs
21		northwest-southeast;
22		(8) the property line of the premises is approximately
23		16 feet from the property line of the building where the
24		church is located;
25		(9) the premises are separated from the building
26		containing the church by a public alley;

HB3855 Engrossed - 992 - LRB100 05985 AMC 16014 b
1		(10) the primary entrance of the premises and the
2		primary entrance of the church are at least 100 feet apart;
3		(11) representatives of the church have delivered a
4		written statement that the church does not object to the
5		issuance of a license under this subsection (fff); and
6		(12) the alderman of the ward in which the grocery
7		store is located has expressed, in writing, his or her
8		support for the issuance of the license.
9		(ggg) Notwithstanding any provision of this Section to the
10		contrary, nothing in this Section shall prohibit the issuance
11		or renewal of licenses authorizing the sale of alcoholic liquor
12		within a restaurant or lobby coffee house at premises located
13		within a municipality with a population in excess of 1,000,000
14		inhabitants and within 100 feet of a church and school if:
15		(1) a residential retirement home formerly operated on
16		the premises and the premises are being converted into a
17		new apartment living complex containing studio and
18		one-bedroom apartments with ground floor retail space;
19		(2) the restaurant and lobby coffee house are located
20		within a Community Shopping District within the
21		municipality;
22		(3) the premises are located in a single-building,
23		mixed-use complex that, in addition to the restaurant and
24		lobby coffee house, contains apartment residences, a
25		fitness center for the residents of the apartment building,
26		a lobby designed as a social center for the residents, a

HB3855 Engrossed - 993 - LRB100 05985 AMC 16014 b
1		rooftop deck, and a patio with a dog run for the exclusive
2		use of the residents;
3		(4) the sale of alcoholic liquor is not the primary
4		business activity of the apartment complex, restaurant, or
5		lobby coffee house;
6		(5) the entrance to the apartment residence is more
7		than 310 feet from the entrance to the school and church;
8		(6) the entrance to the apartment residence is located
9		at the end of the block around the corner from the south
10		side of the school building;
11		(7) the school is affiliated with the church;
12		(8) the pastor of the parish, principal of the school,
13		and the titleholder to the church and school have given
14		written consent to the issuance of the license;
15		(9) the alderman of the ward in which the premises are
16		located has given written consent to the issuance of the
17		license; and
18		(10) the neighborhood block club has given written
19		consent to the issuance of the license.
20		(hhh) Notwithstanding any provision of this Section to the
21		contrary, nothing in this Section shall prohibit the issuance
22		or renewal of a license to sell alcoholic liquor at premises
23		located within a municipality with a population in excess of
24		1,000,000 inhabitants and within 100 feet of a home for
25		indigent persons or a church if:
26		(1) a restaurant operates on the premises and has been

HB3855 Engrossed - 994 - LRB100 05985 AMC 16014 b
1		in operation since January of 2014;
2		(2) the sale of alcoholic liquor is incidental to the
3		sale of food;
4		(3) the sale of alcoholic liquor is not the principal
5		business carried on by the licensee on the premises;
6		(4) the premises occupy the first floor of a 3-story
7		building that is at least 100 years old;
8		(5) the primary entrance to the premises is more than
9		100 feet from the primary entrance to the home for indigent
10		persons, which opened in 1989 and is operated to address
11		homelessness and provide shelter;
12		(6) the primary entrance to the premises and the
13		primary entrance to the home for indigent persons are
14		located on different streets;
15		(7) the executive director of the home for indigent
16		persons has given written consent to the issuance of the
17		license;
18		(8) the entrance to the premises is located within 100
19		feet of a Buddhist temple;
20		(9) the entrance to the premises is more than 100 feet
21		from where any worship or educational programming is
22		conducted by the Buddhist temple and is located in an area
23		used only for other purposes; and
24		(10) the president and the board of directors of the
25		Buddhist temple have given written consent to the issuance
26		of the license.

HB3855 Engrossed - 995 - LRB100 05985 AMC 16014 b
1		(iii) Notwithstanding any provision of this Section to the
2		contrary, nothing in this Section shall prohibit the issuance
3		or renewal of a license authorizing the sale of alcoholic
4		liquor at premises located within a municipality in excess of
5		1,000,000 inhabitants and within 100 feet of a home for the
6		aged if:
7		(1) the sale of alcoholic liquor is not the principal
8		business carried on by the licensee on the premises;
9		(2) the sale of alcoholic liquor at the premises is
10		incidental to the operation of a restaurant;
11		(3) the premises are on the ground floor of a
12		multi-floor, university-affiliated housing facility;
13		(4) the premises occupy 1,916 square feet of space,
14		with the total square footage from which liquor will be
15		sold, served, and consumed to be 900 square feet;
16		(5) the premises are separated from the home for the
17		aged by an alley;
18		(6) the primary entrance to the premises and the
19		primary entrance to the home for the aged are at least 500
20		feet apart and located on different streets;
21		(7) representatives of the home for the aged have
22		expressed, in writing, that the home does not object to the
23		issuance of a license under this subsection; and
24		(8) the alderman of the ward in which the restaurant is
25		located has expressed, in writing, his or her support for
26		the issuance of the license.

HB3855 Engrossed - 996 - LRB100 05985 AMC 16014 b
1		(jjj) Notwithstanding any provision of this Section to the
2		contrary, nothing in this Section shall prohibit the issuance
3		or renewal of a license authorizing the sale of alcoholic
4		liquor at premises located within a municipality with a
5		population in excess of 1,000,000 inhabitants and within 100
6		feet of a school if:
7		(1) as of January 1, 2016, the premises were used for
8		the sale of alcoholic liquor for consumption on the
9		premises and were authorized to do so pursuant to a retail
10		tavern license held by an individual as the sole proprietor
11		of the premises;
12		(2) the primary entrance to the school and the primary
13		entrance to the premises are on the same street;
14		(3) the school was founded in 1949;
15		(4) the building in which the premises are situated was
16		constructed before 1930;
17		(5) the building in which the premises are situated is
18		immediately across the street from the school; and
19		(6) the school has not indicated its opposition to the
20		issuance or renewal of the license in writing.
21		(kkk) (Blank).
22		(lll) Notwithstanding any provision of this Section to the
23		contrary, nothing in this Section shall prohibit the issuance
24		or renewal of a license authorizing the sale of alcoholic
25		liquor at premises located within a municipality with a
26		population in excess of 1,000,000 inhabitants and within 100

HB3855 Engrossed - 997 - LRB100 05985 AMC 16014 b
1		feet of a synagogue or school if:
2		(1) the sale of alcoholic liquor at the premises is
3		incidental to the sale of food;
4		(2) the sale of alcoholic liquor is not the principal
5		business carried on by the licensee at the premises;
6		(3) the premises are located on the same street on
7		which the synagogue or school is located;
8		(4) the primary entrance to the premises and the
9		closest entrance to the synagogue or school is at least 100
10		feet apart;
11		(5) the shortest distance between the premises and the
12		synagogue or school is at least 65 feet apart and no
13		greater than 70 feet apart;
14		(6) the premises are between 1,800 and 2,000 square
15		feet;
16		(7) the synagogue was founded in 1861; and
17		(8) the leader of the synagogue has indicated, in
18		writing, the synagogue's support for the issuance or
19		renewal of the license.
20		(mmm) Notwithstanding any provision of this Section to the
21		contrary, nothing in this Section shall prohibit the issuance
22		or renewal of licenses authorizing the sale of alcoholic liquor
23		within a restaurant or lobby coffee house at premises located
24		within a municipality with a population in excess of 1,000,000
25		inhabitants and within 100 feet of a church if:
26		(1) the sale of alcoholic liquor is not the principal

HB3855 Engrossed - 998 - LRB100 05985 AMC 16014 b
1		business carried on by the licensee at the premises;
2		(2) the sale of alcoholic liquor at the premises is
3		incidental to the sale of food in a restaurant;
4		(3) the restaurant has been run by the same family for
5		at least 19 consecutive years;
6		(4) the premises are located in a 3-story building in
7		the most easterly part of the first floor;
8		(5) the building in which the premises are located has
9		residential housing on the second and third floors;
10		(6) the primary entrance to the premises is on a
11		north-south street around the corner and across an alley
12		from the primary entrance to the church, which is on an
13		east-west street;
14		(7) the primary entrance to the church and the primary
15		entrance to the premises are more than 160 feet apart; and
16		(8) the church has expressed, in writing, its support
17		for the issuance of a license under this subsection.
18		(nnn) Notwithstanding any provision of this Section to the
19		contrary, nothing in this Section shall prohibit the issuance
20		or renewal of licenses authorizing the sale of alcoholic liquor
21		within a restaurant or lobby coffee house at premises located
22		within a municipality with a population in excess of 1,000,000
23		inhabitants and within 100 feet of a school and church or
24		synagogue if:
25		(1) the sale of alcoholic liquor is not the principal
26		business carried on by the licensee at the premises;

HB3855 Engrossed - 999 - LRB100 05985 AMC 16014 b
1		(2) the sale of alcoholic liquor at the premises is
2		incidental to the sale of food in a restaurant;
3		(3) the front door of the synagogue faces east on the
4		next north-south street east of and parallel to the
5		north-south street on which the restaurant is located where
6		the restaurant's front door faces west;
7		(4) the closest exterior pedestrian entrance that
8		leads to the school or the synagogue is across an east-west
9		street and at least 300 feet from the primary entrance to
10		the restaurant;
11		(5) the nearest church-related or school-related
12		building is a community center building;
13		(6) the restaurant is on the ground floor of a 3-story
14		building constructed in 1896 with a brick façade;
15		(7) the restaurant shares the ground floor with a
16		theater, and the second and third floors of the building in
17		which the restaurant is located consists of residential
18		housing;
19		(8) the leader of the synagogue and school has
20		expressed, in writing, that the synagogue does not object
21		to the issuance of a license under this subsection; and
22		(9) the alderman of the ward in which the premises is
23		located has expressed, in writing, his or her support for
24		the issuance of the license.
25		(ooo) Notwithstanding any provision of this Section to the
26		contrary, nothing in this Section shall prohibit the issuance

HB3855 Engrossed - 1000 - LRB100 05985 AMC 16014 b
1		or renewal of a license authorizing the sale of alcoholic
2		liquor at premises located within a municipality with a
3		population in excess of 2,000 but less than 5,000 inhabitants
4		in a county with a population in excess of 3,000,000 and within
5		100 feet of a home for the aged if:
6		(1) as of March 1, 2016, the premises were used to sell
7		alcohol pursuant to a retail tavern and packaged goods
8		license issued by the municipality and held by a limited
9		liability company as the proprietor of the premises;
10		(2) the home for the aged was completed in 2015;
11		(3) the home for the aged is a 5-story structure;
12		(4) the building in which the premises are situated is
13		directly adjacent to the home for the aged;
14		(5) the building in which the premises are situated was
15		constructed before 1950;
16		(6) the home for the aged has not indicated its
17		opposition to the issuance or renewal of the license; and
18		(7) the president of the municipality has expressed in
19		writing that he or she does not object to the issuance or
20		renewal of the license.
21		(ppp) Notwithstanding any provision of this Section to the
22		contrary, nothing in this Section shall prohibit the issuance
23		or renewal of a license authorizing the sale of alcoholic
24		liquor at premises located within a municipality with a
25		population in excess of 1,000,000 inhabitants and within 100
26		feet of a church or churches if:

HB3855 Engrossed - 1001 - LRB100 05985 AMC 16014 b
1		(1) the shortest distance between the premises and a
2		church is at least 78 feet apart and no greater than 95
3		feet apart;
4		(2) the premises are a single-story, brick commercial
5		building and at least 5,067 square feet and were
6		constructed in 1922;
7		(3) the premises are located in a B3-2 zoning district;
8		(4) the premises are separated from the buildings
9		containing the churches by a street;
10		(5) the previous owners of the business located on the
11		premises held a liquor license for at least 10 years;
12		(6) the new owner of the business located on the
13		premises has managed 2 other food and liquor stores since
14		1997;
15		(7) the principal religious leaders at the places of
16		worship have indicated their support for the issuance or
17		renewal of the license in writing; and
18		(8) the alderman of the ward in which the premises are
19		located has indicated his or her support for the issuance
20		or renewal of the license in writing.
21		(Source: P.A. 98-274, eff. 8-9-13; 98-463, eff. 8-16-13;
22		98-571, eff. 8-27-13; 98-592, eff. 11-15-13; 98-1092, eff.
23		8-26-14; 98-1158, eff. 1-9-15; 99-46, eff. 7-15-15; 99-47, eff.
24		7-15-15; 99-477, eff. 8-27-15; 99-484, eff. 10-30-15; 99-558,
25		eff. 7-15-16; 99-642, eff. 7-28-16; revised 10-27-16.)

HB3855 Engrossed - 1002 - LRB100 05985 AMC 16014 b
1		(235 ILCS 5/6-15) (from Ch. 43, par. 130)
2		Sec. 6-15. No alcoholic liquors shall be sold or delivered
3		in any building belonging to or under the control of the State
4		or any political subdivision thereof except as provided in this
5		Act. The corporate authorities of any city, village,
6		incorporated town, township, or county may provide by
7		ordinance, however, that alcoholic liquor may be sold or
8		delivered in any specifically designated building belonging to
9		or under the control of the municipality, township, or county,
10		or in any building located on land under the control of the
11		municipality, township, or county; provided that such township
12		or county complies with all applicable local ordinances in any
13		incorporated area of the township or county. Alcoholic liquor
14		may be delivered to and sold under the authority of a special
15		use permit on any property owned by a conservation district
16		organized under the Conservation District Act, provided that
17		(i) the alcoholic liquor is sold only at an event authorized by
18		the governing board of the conservation district, (ii) the
19		issuance of the special use permit is authorized by the local
20		liquor control commissioner of the territory in which the
21		property is located, and (iii) the special use permit
22		authorizes the sale of alcoholic liquor for one day or less.
23		Alcoholic liquors may be delivered to and sold at any airport
24		belonging to or under the control of a municipality of more
25		than 25,000 inhabitants, or in any building or on any golf
26		course owned by a park district organized under the Park

HB3855 Engrossed - 1003 - LRB100 05985 AMC 16014 b
1		District Code, subject to the approval of the governing board
2		of the district, or in any building or on any golf course owned
3		by a forest preserve district organized under the Downstate
4		Forest Preserve District Act, subject to the approval of the
5		governing board of the district, or on the grounds within 500
6		feet of any building owned by a forest preserve district
7		organized under the Downstate Forest Preserve District Act
8		during times when food is dispensed for consumption within 500
9		feet of the building from which the food is dispensed, subject
10		to the approval of the governing board of the district, or in a
11		building owned by a Local Mass Transit District organized under
12		the Local Mass Transit District Act, subject to the approval of
13		the governing Board of the District, or in Bicentennial Park,
14		or on the premises of the City of Mendota Lake Park located
15		adjacent to Route 51 in Mendota, Illinois, or on the premises
16		of Camden Park in Milan, Illinois, or in the community center
17		owned by the City of Loves Park that is located at 1000 River
18		Park Drive in Loves Park, Illinois, or, in connection with the
19		operation of an established food serving facility during times
20		when food is dispensed for consumption on the premises, and at
21		the following aquarium and museums located in public parks: Art
22		Institute of Chicago, Chicago Academy of Sciences, Chicago
23		Historical Society, Field Museum of Natural History, Museum of
24		Science and Industry, DuSable Museum of African American
25		History, John G. Shedd Aquarium and Adler Planetarium, or at
26		Lakeview Museum of Arts and Sciences in Peoria, or in

HB3855 Engrossed - 1004 - LRB100 05985 AMC 16014 b
1		connection with the operation of the facilities of the Chicago
2		Zoological Society or the Chicago Horticultural Society on land
3		owned by the Forest Preserve District of Cook County, or on any
4		land used for a golf course or for recreational purposes owned
5		by the Forest Preserve District of Cook County, subject to the
6		control of the Forest Preserve District Board of Commissioners
7		and applicable local law, provided that dram shop liability
8		insurance is provided at maximum coverage limits so as to hold
9		the District harmless from all financial loss, damage, and
10		harm, or in any building located on land owned by the Chicago
11		Park District if approved by the Park District Commissioners,
12		or on any land used for a golf course or for recreational
13		purposes and owned by the Illinois International Port District
14		if approved by the District's governing board, or at any
15		airport, golf course, faculty center, or facility in which
16		conference and convention type activities take place belonging
17		to or under control of any State university or public community
18		college district, provided that with respect to a facility for
19		conference and convention type activities alcoholic liquors
20		shall be limited to the use of the convention or conference
21		participants or participants in cultural, political or
22		educational activities held in such facilities, and provided
23		further that the faculty or staff of the State university or a
24		public community college district, or members of an
25		organization of students, alumni, faculty or staff of the State
26		university or a public community college district are active

HB3855 Engrossed - 1005 - LRB100 05985 AMC 16014 b
1		participants in the conference or convention, or in Memorial
2		Stadium on the campus of the University of Illinois at
3		Urbana-Champaign during games in which the Chicago Bears
4		professional football team is playing in that stadium during
5		the renovation of Soldier Field, not more than one and a half
6		hours before the start of the game and not after the end of the
7		third quarter of the game, or in the Pavilion Facility on the
8		campus of the University of Illinois at Chicago during games in
9		which the Chicago Storm professional soccer team is playing in
10		that facility, not more than one and a half hours before the
11		start of the game and not after the end of the third quarter of
12		the game, or in the Pavilion Facility on the campus of the
13		University of Illinois at Chicago during games in which the
14		WNBA professional women's basketball team is playing in that
15		facility, not more than one and a half hours before the start
16		of the game and not after the 10-minute mark of the second half
17		of the game, or by a catering establishment which has rented
18		facilities from a board of trustees of a public community
19		college district, or in a restaurant that is operated by a
20		commercial tenant in the North Campus Parking Deck building
21		that (1) is located at 1201 West University Avenue, Urbana,
22		Illinois and (2) is owned by the Board of Trustees of the
23		University of Illinois, or, if approved by the District board,
24		on land owned by the Metropolitan Sanitary District of Greater
25		Chicago and leased to others for a term of at least 20 years.
26		Nothing in this Section precludes the sale or delivery of

HB3855 Engrossed - 1006 - LRB100 05985 AMC 16014 b
1		alcoholic liquor in the form of original packaged goods in
2		premises located at 500 S. Racine in Chicago belonging to the
3		University of Illinois and used primarily as a grocery store by
4		a commercial tenant during the term of a lease that predates
5		the University's acquisition of the premises; but the
6		University shall have no power or authority to renew, transfer,
7		or extend the lease with terms allowing the sale of alcoholic
8		liquor; and the sale of alcoholic liquor shall be subject to
9		all local laws and regulations. After the acquisition by
10		Winnebago County of the property located at 404 Elm Street in
11		Rockford, a commercial tenant who sold alcoholic liquor at
12		retail on a portion of the property under a valid license at
13		the time of the acquisition may continue to do so for so long
14		as the tenant and the County may agree under existing or future
15		leases, subject to all local laws and regulations regarding the
16		sale of alcoholic liquor. Alcoholic liquors may be delivered to
17		and sold at Memorial Hall, located at 211 North Main Street,
18		Rockford, under conditions approved by Winnebago County and
19		subject to all local laws and regulations regarding the sale of
20		alcoholic liquor. Each facility shall provide dram shop
21		liability in maximum insurance coverage limits so as to save
22		harmless the State, municipality, State university, airport,
23		golf course, faculty center, facility in which conference and
24		convention type activities take place, park district, Forest
25		Preserve District, public community college district,
26		aquarium, museum, or sanitary district from all financial loss,

HB3855 Engrossed - 1007 - LRB100 05985 AMC 16014 b
1		damage or harm. Alcoholic liquors may be sold at retail in
2		buildings of golf courses owned by municipalities or Illinois
3		State University in connection with the operation of an
4		established food serving facility during times when food is
5		dispensed for consumption upon the premises. Alcoholic liquors
6		may be delivered to and sold at retail in any building owned by
7		a fire protection district organized under the Fire Protection
8		District Act, provided that such delivery and sale is approved
9		by the board of trustees of the district, and provided further
10		that such delivery and sale is limited to fundraising events
11		and to a maximum of 6 events per year. However, the limitation
12		to fundraising events and to a maximum of 6 events per year
13		does not apply to the delivery, sale, or manufacture of
14		alcoholic liquors at the building located at 59 Main Street in
15		Oswego, Illinois, owned by the Oswego Fire Protection District
16		if the alcoholic liquor is sold or dispensed as approved by the
17		Oswego Fire Protection District and the property is no longer
18		being utilized for fire protection purposes.
19		Alcoholic liquors may be served or sold in buildings under
20		the control of the Board of Trustees of the University of
21		Illinois for events that the Board may determine are public
22		events and not related student activities. The Board of
23		Trustees shall issue a written policy within 6 months of August
24		15, 2008 (the effective date of Public Act 95-847) this
25		amendatory Act of the 95th General Assembly concerning the
26		types of events that would be eligible for an exemption.

HB3855 Engrossed - 1008 - LRB100 05985 AMC 16014 b
1		Thereafter, the Board of Trustees may issue revised, updated,
2		new, or amended policies as it deems necessary and appropriate.
3		In preparing its written policy, the Board of Trustees shall,
4		among other factors it considers relevant and important, give
5		consideration to the following: (i) whether the event is a
6		student activity or student related activity; (ii) whether the
7		physical setting of the event is conducive to control of liquor
8		sales and distribution; (iii) the ability of the event operator
9		to ensure that the sale or serving of alcoholic liquors and the
10		demeanor of the participants are in accordance with State law
11		and University policies; (iv) regarding the anticipated
12		attendees at the event, the relative proportion of individuals
13		under the age of 21 to individuals age 21 or older; (v) the
14		ability of the venue operator to prevent the sale or
15		distribution of alcoholic liquors to individuals under the age
16		of 21; (vi) whether the event prohibits participants from
17		removing alcoholic beverages from the venue; and (vii) whether
18		the event prohibits participants from providing their own
19		alcoholic liquors to the venue. In addition, any policy
20		submitted by the Board of Trustees to the Illinois Liquor
21		Control Commission must require that any event at which
22		alcoholic liquors are served or sold in buildings under the
23		control of the Board of Trustees shall require the prior
24		written approval of the Office of the Chancellor for the
25		University campus where the event is located. The Board of
26		Trustees shall submit its policy, and any subsequently revised,

HB3855 Engrossed - 1009 - LRB100 05985 AMC 16014 b
1		updated, new, or amended policies, to the Illinois Liquor
2		Control Commission, and any University event, or location for
3		an event, exempted under such policies shall apply for a
4		license under the applicable Sections of this Act.
5		Alcoholic liquors may be served or sold in buildings under
6		the control of the Board of Trustees of Northern Illinois
7		University for events that the Board may determine are public
8		events and not student-related activities. The Board of
9		Trustees shall issue a written policy within 6 months after
10		June 28, 2011 (the effective date of Public Act 97-45)
11		concerning the types of events that would be eligible for an
12		exemption. Thereafter, the Board of Trustees may issue revised,
13		updated, new, or amended policies as it deems necessary and
14		appropriate. In preparing its written policy, the Board of
15		Trustees shall, in addition to other factors it considers
16		relevant and important, give consideration to the following:
17		(i) whether the event is a student activity or student-related
18		activity; (ii) whether the physical setting of the event is
19		conducive to control of liquor sales and distribution; (iii)
20		the ability of the event operator to ensure that the sale or
21		serving of alcoholic liquors and the demeanor of the
22		participants are in accordance with State law and University
23		policies; (iv) the anticipated attendees at the event and the
24		relative proportion of individuals under the age of 21 to
25		individuals age 21 or older; (v) the ability of the venue
26		operator to prevent the sale or distribution of alcoholic

HB3855 Engrossed - 1010 - LRB100 05985 AMC 16014 b
1		liquors to individuals under the age of 21; (vi) whether the
2		event prohibits participants from removing alcoholic beverages
3		from the venue; and (vii) whether the event prohibits
4		participants from providing their own alcoholic liquors to the
5		venue.
6		Alcoholic liquors may be served or sold in buildings under
7		the control of the Board of Trustees of Chicago State
8		University for events that the Board may determine are public
9		events and not student-related activities. The Board of
10		Trustees shall issue a written policy within 6 months after
11		August 2, 2013 (the effective date of Public Act 98-132)
12		concerning the types of events that would be eligible for an
13		exemption. Thereafter, the Board of Trustees may issue revised,
14		updated, new, or amended policies as it deems necessary and
15		appropriate. In preparing its written policy, the Board of
16		Trustees shall, in addition to other factors it considers
17		relevant and important, give consideration to the following:
18		(i) whether the event is a student activity or student-related
19		activity; (ii) whether the physical setting of the event is
20		conducive to control of liquor sales and distribution; (iii)
21		the ability of the event operator to ensure that the sale or
22		serving of alcoholic liquors and the demeanor of the
23		participants are in accordance with State law and University
24		policies; (iv) the anticipated attendees at the event and the
25		relative proportion of individuals under the age of 21 to
26		individuals age 21 or older; (v) the ability of the venue

HB3855 Engrossed - 1011 - LRB100 05985 AMC 16014 b
1		operator to prevent the sale or distribution of alcoholic
2		liquors to individuals under the age of 21; (vi) whether the
3		event prohibits participants from removing alcoholic beverages
4		from the venue; and (vii) whether the event prohibits
5		participants from providing their own alcoholic liquors to the
6		venue.
7		Alcoholic liquors may be served or sold in buildings under
8		the control of the Board of Trustees of Illinois State
9		University for events that the Board may determine are public
10		events and not student-related activities. The Board of
11		Trustees shall issue a written policy within 6 months after
12		March 1, 2013 (the effective date of Public Act 97-1166) this
13		amendatory Act of the 97th General Assembly concerning the
14		types of events that would be eligible for an exemption.
15		Thereafter, the Board of Trustees may issue revised, updated,
16		new, or amended policies as it deems necessary and appropriate.
17		In preparing its written policy, the Board of Trustees shall,
18		in addition to other factors it considers relevant and
19		important, give consideration to the following: (i) whether the
20		event is a student activity or student-related activity; (ii)
21		whether the physical setting of the event is conducive to
22		control of liquor sales and distribution; (iii) the ability of
23		the event operator to ensure that the sale or serving of
24		alcoholic liquors and the demeanor of the participants are in
25		accordance with State law and University policies; (iv) the
26		anticipated attendees at the event and the relative proportion

HB3855 Engrossed - 1012 - LRB100 05985 AMC 16014 b
1		of individuals under the age of 21 to individuals age 21 or
2		older; (v) the ability of the venue operator to prevent the
3		sale or distribution of alcoholic liquors to individuals under
4		the age of 21; (vi) whether the event prohibits participants
5		from removing alcoholic beverages from the venue; and (vii)
6		whether the event prohibits participants from providing their
7		own alcoholic liquors to the venue.
8		Alcoholic liquors may be served or sold in buildings under
9		the control of the Board of Trustees of Southern Illinois
10		University for events that the Board may determine are public
11		events and not student-related activities. The Board of
12		Trustees shall issue a written policy within 6 months after
13		August 12, 2016 (the effective date of Public Act 99-795) this
14		amendatory Act of the 99th General Assembly concerning the
15		types of events that would be eligible for an exemption.
16		Thereafter, the Board of Trustees may issue revised, updated,
17		new, or amended policies as it deems necessary and appropriate.
18		In preparing its written policy, the Board of Trustees shall,
19		in addition to other factors it considers relevant and
20		important, give consideration to the following: (i) whether the
21		event is a student activity or student-related activity; (ii)
22		whether the physical setting of the event is conducive to
23		control of liquor sales and distribution; (iii) the ability of
24		the event operator to ensure that the sale or serving of
25		alcoholic liquors and the demeanor of the participants are in
26		accordance with State law and University policies; (iv) the

HB3855 Engrossed - 1013 - LRB100 05985 AMC 16014 b
1		anticipated attendees at the event and the relative proportion
2		of individuals under the age of 21 to individuals age 21 or
3		older; (v) the ability of the venue operator to prevent the
4		sale or distribution of alcoholic liquors to individuals under
5		the age of 21; (vi) whether the event prohibits participants
6		from removing alcoholic beverages from the venue; and (vii)
7		whether the event prohibits participants from providing their
8		own alcoholic liquors to the venue.
9		Alcoholic liquors may be served or sold in buildings under
10		the control of the Board of Trustees of a public university for
11		events that the Board of Trustees of that public university may
12		determine are public events and not student-related
13		activities. If the Board of Trustees of a public university has
14		not issued a written policy pursuant to an exemption under this
15		Section on or before July 15, 2016 (the effective date of
16		Public Act 99-550) this amendatory Act of the 99th General
17		Assembly, then that Board of Trustees shall issue a written
18		policy within 6 months after July 15, 2016 (the effective date
19		of Public Act 99-550) this amendatory Act of the 99th General
20		Assembly concerning the types of events that would be eligible
21		for an exemption. Thereafter, the Board of Trustees may issue
22		revised, updated, new, or amended policies as it deems
23		necessary and appropriate. In preparing its written policy, the
24		Board of Trustees shall, in addition to other factors it
25		considers relevant and important, give consideration to the
26		following: (i) whether the event is a student activity or

HB3855 Engrossed - 1014 - LRB100 05985 AMC 16014 b
1		student-related activity; (ii) whether the physical setting of
2		the event is conducive to control of liquor sales and
3		distribution; (iii) the ability of the event operator to ensure
4		that the sale or serving of alcoholic liquors and the demeanor
5		of the participants are in accordance with State law and
6		University policies; (iv) the anticipated attendees at the
7		event and the relative proportion of individuals under the age
8		of 21 to individuals age 21 or older; (v) the ability of the
9		venue operator to prevent the sale or distribution of alcoholic
10		liquors to individuals under the age of 21; (vi) whether the
11		event prohibits participants from removing alcoholic beverages
12		from the venue; and (vii) whether the event prohibits
13		participants from providing their own alcoholic liquors to the
14		venue. As used in this paragraph, "public university" means the
15		University of Illinois, Illinois State University, Chicago
16		State University, Governors State University, Southern
17		Illinois University, Northern Illinois University, Eastern
18		Illinois University, Western Illinois University, and
19		Northeastern Illinois University.
20		Alcoholic liquors may be served or sold in buildings under
21		the control of the Board of Trustees of a community college
22		district for events that the Board of Trustees of that
23		community college district may determine are public events and
24		not student-related activities. The Board of Trustees shall
25		issue a written policy within 6 months after July 15, 2016 (the
26		effective date of Public Act 99-550) this amendatory Act of the

HB3855 Engrossed - 1015 - LRB100 05985 AMC 16014 b
1		99th General Assembly concerning the types of events that would
2		be eligible for an exemption. Thereafter, the Board of Trustees
3		may issue revised, updated, new, or amended policies as it
4		deems necessary and appropriate. In preparing its written
5		policy, the Board of Trustees shall, in addition to other
6		factors it considers relevant and important, give
7		consideration to the following: (i) whether the event is a
8		student activity or student-related activity; (ii) whether the
9		physical setting of the event is conducive to control of liquor
10		sales and distribution; (iii) the ability of the event operator
11		to ensure that the sale or serving of alcoholic liquors and the
12		demeanor of the participants are in accordance with State law
13		and community college district policies; (iv) the anticipated
14		attendees at the event and the relative proportion of
15		individuals under the age of 21 to individuals age 21 or older;
16		(v) the ability of the venue operator to prevent the sale or
17		distribution of alcoholic liquors to individuals under the age
18		of 21; (vi) whether the event prohibits participants from
19		removing alcoholic beverages from the venue; and (vii) whether
20		the event prohibits participants from providing their own
21		alcoholic liquors to the venue. This paragraph does not apply
22		to any community college district authorized to sell or serve
23		alcoholic liquor under any other provision of this Section.
24		Alcoholic liquor may be delivered to and sold at retail in
25		the Dorchester Senior Business Center owned by the Village of
26		Dolton if the alcoholic liquor is sold or dispensed only in

HB3855 Engrossed - 1016 - LRB100 05985 AMC 16014 b
1		connection with organized functions for which the planned
2		attendance is 20 or more persons, and if the person or facility
3		selling or dispensing the alcoholic liquor has provided dram
4		shop liability insurance in maximum limits so as to hold
5		harmless the Village of Dolton and the State from all financial
6		loss, damage and harm.
7		Alcoholic liquors may be delivered to and sold at retail in
8		any building used as an Illinois State Armory provided:
9		(i) the Adjutant General's written consent to the
10		issuance of a license to sell alcoholic liquor in such
11		building is filed with the Commission;
12		(ii) the alcoholic liquor is sold or dispensed only in
13		connection with organized functions held on special
14		occasions;
15		(iii) the organized function is one for which the
16		planned attendance is 25 or more persons; and
17		(iv) the facility selling or dispensing the alcoholic
18		liquors has provided dram shop liability insurance in
19		maximum limits so as to save harmless the facility and the
20		State from all financial loss, damage or harm.
21		Alcoholic liquors may be delivered to and sold at retail in
22		the Chicago Civic Center, provided that:
23		(i) the written consent of the Public Building
24		Commission which administers the Chicago Civic Center is
25		filed with the Commission;
26		(ii) the alcoholic liquor is sold or dispensed only in

HB3855 Engrossed - 1017 - LRB100 05985 AMC 16014 b
1		connection with organized functions held on special
2		occasions;
3		(iii) the organized function is one for which the
4		planned attendance is 25 or more persons;
5		(iv) the facility selling or dispensing the alcoholic
6		liquors has provided dram shop liability insurance in
7		maximum limits so as to hold harmless the Civic Center, the
8		City of Chicago and the State from all financial loss,
9		damage or harm; and
10		(v) all applicable local ordinances are complied with.
11		Alcoholic liquors may be delivered or sold in any building
12		belonging to or under the control of any city, village or
13		incorporated town where more than 75% of the physical
14		properties of the building is used for commercial or
15		recreational purposes, and the building is located upon a pier
16		extending into or over the waters of a navigable lake or stream
17		or on the shore of a navigable lake or stream. In accordance
18		with a license issued under this Act, alcoholic liquor may be
19		sold, served, or delivered in buildings and facilities under
20		the control of the Department of Natural Resources during
21		events or activities lasting no more than 7 continuous days
22		upon the written approval of the Director of Natural Resources
23		acting as the controlling government authority. The Director of
24		Natural Resources may specify conditions on that approval,
25		including but not limited to requirements for insurance and
26		hours of operation. Notwithstanding any other provision of this

HB3855 Engrossed - 1018 - LRB100 05985 AMC 16014 b
1		Act, alcoholic liquor sold by a United States Army Corps of
2		Engineers or Department of Natural Resources concessionaire
3		who was operating on June 1, 1991 for on-premises consumption
4		only is not subject to the provisions of Articles IV and IX.
5		Beer and wine may be sold on the premises of the Joliet Park
6		District Stadium owned by the Joliet Park District when written
7		consent to the issuance of a license to sell beer and wine in
8		such premises is filed with the local liquor commissioner by
9		the Joliet Park District. Beer and wine may be sold in
10		buildings on the grounds of State veterans' homes when written
11		consent to the issuance of a license to sell beer and wine in
12		such buildings is filed with the Commission by the Department
13		of Veterans' Affairs, and the facility shall provide dram shop
14		liability in maximum insurance coverage limits so as to save
15		the facility harmless from all financial loss, damage or harm.
16		Such liquors may be delivered to and sold at any property owned
17		or held under lease by a Metropolitan Pier and Exposition
18		Authority or Metropolitan Exposition and Auditorium Authority.
19		Beer and wine may be sold and dispensed at professional
20		sporting events and at professional concerts and other
21		entertainment events conducted on premises owned by the Forest
22		Preserve District of Kane County, subject to the control of the
23		District Commissioners and applicable local law, provided that
24		dram shop liability insurance is provided at maximum coverage
25		limits so as to hold the District harmless from all financial
26		loss, damage and harm.

HB3855 Engrossed - 1019 - LRB100 05985 AMC 16014 b
1		Nothing in this Section shall preclude the sale or delivery
2		of beer and wine at a State or county fair or the sale or
3		delivery of beer or wine at a city fair in any otherwise lawful
4		manner.
5		Alcoholic liquors may be sold at retail in buildings in
6		State parks under the control of the Department of Natural
7		Resources, provided:
8		a. the State park has overnight lodging facilities with
9		some restaurant facilities or, not having overnight
10		lodging facilities, has restaurant facilities which serve
11		complete luncheon and dinner or supper meals,
12		b. (blank), and
13		c. the alcoholic liquors are sold by the State park
14		lodge or restaurant concessionaire only during the hours
15		from 11 o'clock a.m. until 12 o'clock midnight.
16		Notwithstanding any other provision of this Act, alcoholic
17		liquor sold by the State park or restaurant concessionaire
18		is not subject to the provisions of Articles IV and IX.
19		Alcoholic liquors may be sold at retail in buildings on
20		properties under the control of the Historic Sites and
21		Preservation Division of the Historic Preservation Agency or
22		the Abraham Lincoln Presidential Library and Museum provided:
23		a. the property has overnight lodging facilities with
24		some restaurant facilities or, not having overnight
25		lodging facilities, has restaurant facilities which serve
26		complete luncheon and dinner or supper meals,

HB3855 Engrossed - 1020 - LRB100 05985 AMC 16014 b
1		b. consent to the issuance of a license to sell
2		alcoholic liquors in the buildings has been filed with the
3		commission by the Historic Sites and Preservation Division
4		of the Historic Preservation Agency or the Abraham Lincoln
5		Presidential Library and Museum, and
6		c. the alcoholic liquors are sold by the lodge or
7		restaurant concessionaire only during the hours from 11
8		o'clock a.m. until 12 o'clock midnight.
9		The sale of alcoholic liquors pursuant to this Section does
10		not authorize the establishment and operation of facilities
11		commonly called taverns, saloons, bars, cocktail lounges, and
12		the like except as a part of lodge and restaurant facilities in
13		State parks or golf courses owned by Forest Preserve Districts
14		with a population of less than 3,000,000 or municipalities or
15		park districts.
16		Alcoholic liquors may be sold at retail in the Springfield
17		Administration Building of the Department of Transportation
18		and the Illinois State Armory in Springfield; provided, that
19		the controlling government authority may consent to such sales
20		only if
21		a. the request is from a not-for-profit organization;
22		b. such sales would not impede normal operations of the
23		departments involved;
24		c. the not-for-profit organization provides dram shop
25		liability in maximum insurance coverage limits and agrees
26		to defend, save harmless and indemnify the State of

HB3855 Engrossed - 1021 - LRB100 05985 AMC 16014 b
1		Illinois from all financial loss, damage or harm;
2		d. no such sale shall be made during normal working
3		hours of the State of Illinois; and
4		e. the consent is in writing.
5		Alcoholic liquors may be sold at retail in buildings in
6		recreational areas of river conservancy districts under the
7		control of, or leased from, the river conservancy districts.
8		Such sales are subject to reasonable local regulations as
9		provided in Article IV; however, no such regulations may
10		prohibit or substantially impair the sale of alcoholic liquors
11		on Sundays or Holidays.
12		Alcoholic liquors may be provided in long term care
13		facilities owned or operated by a county under Division 5-21 or
14		5-22 of the Counties Code, when approved by the facility
15		operator and not in conflict with the regulations of the
16		Illinois Department of Public Health, to residents of the
17		facility who have had their consumption of the alcoholic
18		liquors provided approved in writing by a physician licensed to
19		practice medicine in all its branches.
20		Alcoholic liquors may be delivered to and dispensed in
21		State housing assigned to employees of the Department of
22		Corrections. No person shall furnish or allow to be furnished
23		any alcoholic liquors to any prisoner confined in any jail,
24		reformatory, prison or house of correction except upon a
25		physician's prescription for medicinal purposes.
26		Alcoholic liquors may be sold at retail or dispensed at the

HB3855 Engrossed - 1022 - LRB100 05985 AMC 16014 b
1		Willard Ice Building in Springfield, at the State Library in
2		Springfield, and at Illinois State Museum facilities by (1) an
3		agency of the State, whether legislative, judicial or
4		executive, provided that such agency first obtains written
5		permission to sell or dispense alcoholic liquors from the
6		controlling government authority, or by (2) a not-for-profit
7		organization, provided that such organization:
8		a. Obtains written consent from the controlling
9		government authority;
10		b. Sells or dispenses the alcoholic liquors in a manner
11		that does not impair normal operations of State offices
12		located in the building;
13		c. Sells or dispenses alcoholic liquors only in
14		connection with an official activity in the building;
15		d. Provides, or its catering service provides, dram
16		shop liability insurance in maximum coverage limits and in
17		which the carrier agrees to defend, save harmless and
18		indemnify the State of Illinois from all financial loss,
19		damage or harm arising out of the selling or dispensing of
20		alcoholic liquors.
21		Nothing in this Act shall prevent a not-for-profit
22		organization or agency of the State from employing the services
23		of a catering establishment for the selling or dispensing of
24		alcoholic liquors at authorized functions.
25		The controlling government authority for the Willard Ice
26		Building in Springfield shall be the Director of the Department

HB3855 Engrossed - 1023 - LRB100 05985 AMC 16014 b
1		of Revenue. The controlling government authority for Illinois
2		State Museum facilities shall be the Director of the Illinois
3		State Museum. The controlling government authority for the
4		State Library in Springfield shall be the Secretary of State.
5		Alcoholic liquors may be delivered to and sold at retail or
6		dispensed at any facility, property or building under the
7		jurisdiction of the Historic Sites and Preservation Division of
8		the Historic Preservation Agency or the Abraham Lincoln
9		Presidential Library and Museum where the delivery, sale or
10		dispensing is by (1) an agency of the State, whether
11		legislative, judicial or executive, provided that such agency
12		first obtains written permission to sell or dispense alcoholic
13		liquors from a controlling government authority, or by (2) an
14		individual or organization provided that such individual or
15		organization:
16		a. Obtains written consent from the controlling
17		government authority;
18		b. Sells or dispenses the alcoholic liquors in a manner
19		that does not impair normal workings of State offices or
20		operations located at the facility, property or building;
21		c. Sells or dispenses alcoholic liquors only in
22		connection with an official activity of the individual or
23		organization in the facility, property or building;
24		d. Provides, or its catering service provides, dram
25		shop liability insurance in maximum coverage limits and in
26		which the carrier agrees to defend, save harmless and

HB3855 Engrossed - 1024 - LRB100 05985 AMC 16014 b
1		indemnify the State of Illinois from all financial loss,
2		damage or harm arising out of the selling or dispensing of
3		alcoholic liquors.
4		The controlling government authority for the Historic
5		Sites and Preservation Division of the Historic Preservation
6		Agency shall be the Director of the Historic Sites and
7		Preservation, and the controlling government authority for the
8		Abraham Lincoln Presidential Library and Museum shall be the
9		Director of the Abraham Lincoln Presidential Library and
10		Museum.
11		Alcoholic liquors may be delivered to and sold at retail or
12		dispensed for consumption at the Michael Bilandic Building at
13		160 North LaSalle Street, Chicago IL 60601, after the normal
14		business hours of any day care or child care facility located
15		in the building, by (1) a commercial tenant or subtenant
16		conducting business on the premises under a lease made pursuant
17		to Section 405-315 of the Department of Central Management
18		Services Law (20 ILCS 405/405-315), provided that such tenant
19		or subtenant who accepts delivery of, sells, or dispenses
20		alcoholic liquors shall procure and maintain dram shop
21		liability insurance in maximum coverage limits and in which the
22		carrier agrees to defend, indemnify, and save harmless the
23		State of Illinois from all financial loss, damage, or harm
24		arising out of the delivery, sale, or dispensing of alcoholic
25		liquors, or by (2) an agency of the State, whether legislative,
26		judicial, or executive, provided that such agency first obtains

HB3855 Engrossed - 1025 - LRB100 05985 AMC 16014 b
1		written permission to accept delivery of and sell or dispense
2		alcoholic liquors from the Director of Central Management
3		Services, or by (3) a not-for-profit organization, provided
4		that such organization:
5		a. obtains written consent from the Department of
6		Central Management Services;
7		b. accepts delivery of and sells or dispenses the
8		alcoholic liquors in a manner that does not impair normal
9		operations of State offices located in the building;
10		c. accepts delivery of and sells or dispenses alcoholic
11		liquors only in connection with an official activity in the
12		building; and
13		d. provides, or its catering service provides, dram
14		shop liability insurance in maximum coverage limits and in
15		which the carrier agrees to defend, save harmless, and
16		indemnify the State of Illinois from all financial loss,
17		damage, or harm arising out of the selling or dispensing of
18		alcoholic liquors.
19		Nothing in this Act shall prevent a not-for-profit
20		organization or agency of the State from employing the services
21		of a catering establishment for the selling or dispensing of
22		alcoholic liquors at functions authorized by the Director of
23		Central Management Services.
24		Alcoholic liquors may be sold at retail or dispensed at the
25		James R. Thompson Center in Chicago, subject to the provisions
26		of Section 7.4 of the State Property Control Act, and 222 South

HB3855 Engrossed - 1026 - LRB100 05985 AMC 16014 b
1		College Street in Springfield, Illinois by (1) a commercial
2		tenant or subtenant conducting business on the premises under a
3		lease or sublease made pursuant to Section 405-315 of the
4		Department of Central Management Services Law (20 ILCS
5		405/405-315), provided that such tenant or subtenant who sells
6		or dispenses alcoholic liquors shall procure and maintain dram
7		shop liability insurance in maximum coverage limits and in
8		which the carrier agrees to defend, indemnify and save harmless
9		the State of Illinois from all financial loss, damage or harm
10		arising out of the sale or dispensing of alcoholic liquors, or
11		by (2) an agency of the State, whether legislative, judicial or
12		executive, provided that such agency first obtains written
13		permission to sell or dispense alcoholic liquors from the
14		Director of Central Management Services, or by (3) a
15		not-for-profit organization, provided that such organization:
16		a. Obtains written consent from the Department of
17		Central Management Services;
18		b. Sells or dispenses the alcoholic liquors in a manner
19		that does not impair normal operations of State offices
20		located in the building;
21		c. Sells or dispenses alcoholic liquors only in
22		connection with an official activity in the building;
23		d. Provides, or its catering service provides, dram
24		shop liability insurance in maximum coverage limits and in
25		which the carrier agrees to defend, save harmless and
26		indemnify the State of Illinois from all financial loss,

HB3855 Engrossed - 1027 - LRB100 05985 AMC 16014 b
1		damage or harm arising out of the selling or dispensing of
2		alcoholic liquors.
3		Nothing in this Act shall prevent a not-for-profit
4		organization or agency of the State from employing the services
5		of a catering establishment for the selling or dispensing of
6		alcoholic liquors at functions authorized by the Director of
7		Central Management Services.
8		Alcoholic liquors may be sold or delivered at any facility
9		owned by the Illinois Sports Facilities Authority provided that
10		dram shop liability insurance has been made available in a
11		form, with such coverage and in such amounts as the Authority
12		reasonably determines is necessary.
13		Alcoholic liquors may be sold at retail or dispensed at the
14		Rockford State Office Building by (1) an agency of the State,
15		whether legislative, judicial or executive, provided that such
16		agency first obtains written permission to sell or dispense
17		alcoholic liquors from the Department of Central Management
18		Services, or by (2) a not-for-profit organization, provided
19		that such organization:
20		a. Obtains written consent from the Department of
21		Central Management Services;
22		b. Sells or dispenses the alcoholic liquors in a manner
23		that does not impair normal operations of State offices
24		located in the building;
25		c. Sells or dispenses alcoholic liquors only in
26		connection with an official activity in the building;

HB3855 Engrossed - 1028 - LRB100 05985 AMC 16014 b
1		d. Provides, or its catering service provides, dram
2		shop liability insurance in maximum coverage limits and in
3		which the carrier agrees to defend, save harmless and
4		indemnify the State of Illinois from all financial loss,
5		damage or harm arising out of the selling or dispensing of
6		alcoholic liquors.
7		Nothing in this Act shall prevent a not-for-profit
8		organization or agency of the State from employing the services
9		of a catering establishment for the selling or dispensing of
10		alcoholic liquors at functions authorized by the Department of
11		Central Management Services.
12		Alcoholic liquors may be sold or delivered in a building
13		that is owned by McLean County, situated on land owned by the
14		county in the City of Bloomington, and used by the McLean
15		County Historical Society if the sale or delivery is approved
16		by an ordinance adopted by the county board, and the
17		municipality in which the building is located may not prohibit
18		that sale or delivery, notwithstanding any other provision of
19		this Section. The regulation of the sale and delivery of
20		alcoholic liquor in a building that is owned by McLean County,
21		situated on land owned by the county, and used by the McLean
22		County Historical Society as provided in this paragraph is an
23		exclusive power and function of the State and is a denial and
24		limitation under Article VII, Section 6, subsection (h) of the
25		Illinois Constitution of the power of a home rule municipality
26		to regulate that sale and delivery.

HB3855 Engrossed - 1029 - LRB100 05985 AMC 16014 b
1		Alcoholic liquors may be sold or delivered in any building
2		situated on land held in trust for any school district
3		organized under Article 34 of the School Code, if the building
4		is not used for school purposes and if the sale or delivery is
5		approved by the board of education.
6		Alcoholic liquors may be delivered to and sold at retail in
7		any building owned by a public library district, provided that
8		the delivery and sale is approved by the board of trustees of
9		that public library district and is limited to library
10		fundraising events or programs of a cultural or educational
11		nature. Before the board of trustees of a public library
12		district may approve the delivery and sale of alcoholic
13		liquors, the board of trustees of the public library district
14		must have a written policy that has been approved by the board
15		of trustees of the public library district governing when and
16		under what circumstances alcoholic liquors may be delivered to
17		and sold at retail on property owned by that public library
18		district. The written policy must (i) provide that no alcoholic
19		liquor may be sold, distributed, or consumed in any area of the
20		library accessible to the general public during the event or
21		program, (ii) prohibit the removal of alcoholic liquor from the
22		venue during the event, and (iii) require that steps be taken
23		to prevent the sale or distribution of alcoholic liquor to
24		persons under the age of 21. Any public library district that
25		has alcoholic liquor delivered to or sold at retail on property
26		owned by the public library district shall provide dram shop

HB3855 Engrossed - 1030 - LRB100 05985 AMC 16014 b
1		liability insurance in maximum insurance coverage limits so as
2		to save harmless the public library districts from all
3		financial loss, damage, or harm.
4		Alcoholic liquors may be sold or delivered in buildings
5		owned by the Community Building Complex Committee of Boone
6		County, Illinois if the person or facility selling or
7		dispensing the alcoholic liquor has provided dram shop
8		liability insurance with coverage and in amounts that the
9		Committee reasonably determines are necessary.
10		Alcoholic liquors may be sold or delivered in the building
11		located at 1200 Centerville Avenue in Belleville, Illinois and
12		occupied by either the Belleville Area Special Education
13		District or the Belleville Area Special Services Cooperative.
14		Alcoholic liquors may be delivered to and sold at the Louis
15		Joliet Renaissance Center, City Center Campus, located at 214
16		N. Ottawa Street, Joliet, and the Food Services/Culinary Arts
17		Department facilities, Main Campus, located at 1215 Houbolt
18		Road, Joliet, owned by or under the control of Joliet Junior
19		College, Illinois Community College District No. 525.
20		Alcoholic liquors may be delivered to and sold at Triton
21		College, Illinois Community College District No. 504.
22		Alcoholic liquors may be delivered to and sold at the
23		College of DuPage, Illinois Community College District No. 502.
24		Alcoholic liquors may be delivered to and sold on any
25		property owned, operated, or controlled by Lewis and Clark
26		Community College, Illinois Community College District No.

HB3855 Engrossed - 1031 - LRB100 05985 AMC 16014 b
1		536.
2		Alcoholic liquors may be delivered to and sold at the
3		building located at 446 East Hickory Avenue in Apple River,
4		Illinois, owned by the Apple River Fire Protection District,
5		and occupied by the Apple River Community Association if the
6		alcoholic liquor is sold or dispensed only in connection with
7		organized functions approved by the Apple River Community
8		Association for which the planned attendance is 20 or more
9		persons and if the person or facility selling or dispensing the
10		alcoholic liquor has provided dram shop liability insurance in
11		maximum limits so as to hold harmless the Apple River Fire
12		Protection District, the Village of Apple River, and the Apple
13		River Community Association from all financial loss, damage,
14		and harm.
15		Alcoholic liquors may be delivered to and sold at the Sikia
16		Restaurant, Kennedy King College Campus, located at 740 West
17		63rd Street, Chicago, and at the Food Services in the Great
18		Hall/Washburne Culinary Institute Department facility, Kennedy
19		King College Campus, located at 740 West 63rd Street, Chicago,
20		owned by or under the control of City Colleges of Chicago,
21		Illinois Community College District No. 508.
22		(Source: P.A. 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; 98-692,
23		eff. 7-1-14; 98-756, eff. 7-16-14; 98-1092, eff. 8-26-14;
24		99-78, eff. 7-20-15; 99-484, eff. 10-30-15; 99-550, eff.
25		7-15-16; 99-559, eff. 7-15-16; 99-795, eff. 8-12-16; revised
26		9-16-16.)

HB3855 Engrossed - 1032 - LRB100 05985 AMC 16014 b
1		(235 ILCS 5/6-28.5)
2		Sec. 6-28.5. Permitted happy hours and meal packages, party
3		packages, and entertainment packages.
4		(a) As used in this Section:
5		"Dedicated event space" means a room or rooms or other
6		clearly delineated space within a retail licensee's premises
7		that is reserved for the exclusive use of party package
8		invitees during the entirety of a party package. Furniture,
9		stanchions and ropes, or other room dividers may be used to
10		clearly delineate a dedicated event space.
11		"Meal package" means a food and beverage package, which may
12		or may not include entertainment, where the service of
13		alcoholic liquor is an accompaniment to the food, including,
14		but not limited to, a meal, tour, tasting, or any combination
15		thereof for a fixed price by a retail licensee or any other
16		licensee operating within a sports facility, restaurant,
17		winery, brewery, or distillery.
18		"Party package" means a private party, function, or event
19		for a specific social or business occasion, either arranged by
20		invitation or reservation for a defined number of individuals,
21		that is not open to the general public and where attendees are
22		served both food and alcohol for a fixed price in a dedicated
23		event space.
24		(b) A retail licensee may:
25		(1) offer free food or entertainment at any time;

HB3855 Engrossed - 1033 - LRB100 05985 AMC 16014 b
1		(2) include drinks of alcoholic liquor as part of a
2		meal package;
3		(3) sell or offer for sale a party package only if the
4		retail licensee:
5		(A) offers food in the dedicated event space;
6		(B) limits the party package to no more than 3
7		hours;
8		(C) distributes wristbands, lanyards, shirts, or
9		any other such wearable items to identify party package
10		attendees so the attendees may be granted access to the
11		dedicated event space; and
12		(D) excludes individuals not participating in the
13		party package from the dedicated event space;
14		(4) include drinks of alcoholic liquor as part of a
15		hotel package;
16		(5) negotiate drinks of alcoholic liquor as part of a
17		hotel package;
18		(6) provide room service to persons renting rooms at a
19		hotel;
20		(7) sell pitchers (or the equivalent, including, but
21		not limited to, buckets of bottled beer), carafes, or
22		bottles of alcoholic liquor which are customarily sold in
23		such manner, or sell bottles of spirits;
24		(8) advertise events permitted under this Section;
25		(9) include drinks of alcoholic liquor as part of an
26		entertainment package where the licensee is separately

HB3855 Engrossed - 1034 - LRB100 05985 AMC 16014 b
1		licensed by a municipal ordinance that (A) restricts dates
2		of operation to dates during which there is an event at an
3		adjacent stadium, (B) restricts hours of serving alcoholic
4		liquor to 2 hours before the event and one hour after the
5		event, (C) restricts alcoholic liquor sales to beer and
6		wine, (D) requires tickets for admission to the
7		establishment, and (E) prohibits sale of admission tickets
8		on the day of an event and permits the sale of admission
9		tickets for single events only; and
10		(10) discount any drink of alcoholic liquor during a
11		specified time period only if:
12		(A) the price of the drink of alcoholic liquor is
13		not changed during the time that it is discounted;
14		(B) the period of time during which any drink of
15		alcoholic liquor is discounted does not exceed 4 hours
16		per day and 15 hours per week; however, this period of
17		time is not required to be consecutive and may be
18		divided by the licensee in any manner;
19		(C) the drink of alcoholic liquor is not discounted
20		between the hours of 10:00 p.m. and the licensed
21		premises' closing hour; and
22		(D) notice of the discount of the drink of
23		alcoholic liquor during a specified time is posted on
24		the licensed premises or on the licensee's publicly
25		available website at least 7 days prior to the
26		specified time.

HB3855 Engrossed - 1035 - LRB100 05985 AMC 16014 b
1		(c) (b) A violation of this Section shall be grounds for
2		suspension or revocation of the retailer's license as provided
3		by this Act. The State Commission may not enforce any trade
4		practice policy or other rule that was not adopted in
5		accordance with the Illinois Administrative Procedure Act.
6		(d) (c) All licensees affected by this Section must also
7		comply with Sections 6-16, 6-21, and 6-27.1 of this Act.
8		(Source: P.A. 99-46, eff. 7-15-15; revised 9-13-16.)
9		Section 575. The Illinois Public Aid Code is amended by
10		changing Sections 4-1.7, 5-5, 5-30.1, 10-15.1, 10-17.3,
11		10-17.14, 10-24.50, 11-9, 12-4.42, 16-2, and 16-5 and by
12		setting forth and renumbering multiple versions of Section
13		5-30.3 as follows:
14		(305 ILCS 5/4-1.7) (from Ch. 23, par. 4-1.7)
15		Sec. 4-1.7. Enforcement of Parental Child Support
16		Obligation. If the parent or parents of the child are failing
17		to meet or are delinquent in their legal obligation to support
18		the child, the parent or other person having custody of the
19		child or the Department of Healthcare and Family Services may
20		request the law enforcement officer authorized or directed by
21		law to so act to file an action for the enforcement of such
22		remedies as the law provides for the fulfillment of the child
23		support obligation.
24		If a parent has a judicial remedy against the other parent

HB3855 Engrossed - 1036 - LRB100 05985 AMC 16014 b
1		to compel child support, or if, as the result of an action
2		initiated by or in behalf of one parent against the other, a
3		child support order has been entered in respect to which there
4		is noncompliance or delinquency, or where the order so entered
5		may be changed upon petition to the court to provide additional
6		support, the parent or other person having custody of the child
7		or the Department of Healthcare and Family Services may request
8		the appropriate law enforcement officer to seek enforcement of
9		the remedy, or of the support order, or a change therein to
10		provide additional support. If the law enforcement officer is
11		not authorized by law to so act in these instances, the parent,
12		or if so authorized by law the other person having custody of
13		the child, or the Department of Healthcare and Family Services
14		may initiate an action to enforce these remedies.
15		A parent or other person having custody of the child must
16		comply with the requirements of Title IV of the federal Social
17		Security Act, and the regulations duly promulgated thereunder,
18		and any rules promulgated by the Illinois Department regarding
19		enforcement of the child support obligation. The Department of
20		Healthcare and Family Services and the Department of Human
21		Services may provide by rule for the grant or continuation of
22		aid to the person for a temporary period if he or she accepts
23		counseling or other services designed to increase his or her
24		motivation to seek enforcement of the child support obligation.
25		In addition to any other definition of failure or refusal
26		to comply with the requirements of Title IV of the federal

HB3855 Engrossed - 1037 - LRB100 05985 AMC 16014 b
1		Social Security Act, or Illinois Department rule, in the case
2		of failure to attend court hearings, the parent or other person
3		can show cooperation by attending a court hearing or, if a
4		court hearing cannot be scheduled within 14 days following the
5		court hearing that was missed, by signing a statement that the
6		parent or other person is now willing to cooperate in the child
7		support enforcement process and will appear at any later
8		scheduled court date. The parent or other person can show
9		cooperation by signing such a statement only once. If failure
10		to attend the court hearing or other failure to cooperate
11		results in the case being dismissed, such a statement may be
12		signed after 2 months.
13		No denial or termination of medical assistance pursuant to
14		this Section shall commence during pregnancy of the parent or
15		other person having custody of the child or for 30 days after
16		the termination of such pregnancy. The termination of medical
17		assistance may commence thereafter if the Department of
18		Healthcare and Family Services determines that the failure or
19		refusal to comply with this Section persists. Postponement of
20		denial or termination of medical assistance during pregnancy
21		under this paragraph shall be effective only to the extent it
22		does not conflict with federal law or regulation.
23		Any evidence a parent or other person having custody of the
24		child gives in order to comply with the requirements of this
25		Section shall not render him or her liable to prosecution under
26		Section 11-35 or 11-40 of the Criminal Code of 2012.

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1		When so requested, the Department of Healthcare and Family
2		Services and the Department of Human Services shall provide
3		such services and assistance as the law enforcement officer may
4		require in connection with the filing of any action hereunder.
5		The Department of Healthcare and Family Services and the
6		Department of Human Services, as an expense of administration,
7		may also provide applicants for and recipients of aid with such
8		services and assistance, including assumption of the
9		reasonable costs of prosecuting any action or proceeding, as
10		may be necessary to enable them to enforce the child support
11		liability required hereunder.
12		Nothing in this Section shall be construed as a requirement
13		that an applicant or recipient file an action for dissolution
14		of marriage against his or her spouse.
15		(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13;
16		revised 9-12-16.)
17		(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
18		Sec. 5-5. Medical services. The Illinois Department, by
19		rule, shall determine the quantity and quality of and the rate
20		of reimbursement for the medical assistance for which payment
21		will be authorized, and the medical services to be provided,
22		which may include all or part of the following: (1) inpatient
23		hospital services; (2) outpatient hospital services; (3) other
24		laboratory and X-ray services; (4) skilled nursing home
25		services; (5) physicians' services whether furnished in the

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

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

HB3855 Engrossed - 1041 - LRB100 05985 AMC 16014 b
1		purchasing prescription drugs or prescription medical devices
2		approved by the Food and Drug Administration shall be covered
3		under the medical assistance program under this Article for
4		persons who are otherwise eligible for assistance under this
5		Article.
6		Notwithstanding any other provision of this Code, the
7		Illinois Department may not require, as a condition of payment
8		for any laboratory test authorized under this Article, that a
9		physician's handwritten signature appear on the laboratory
10		test order form. The Illinois Department may, however, impose
11		other appropriate requirements regarding laboratory test order
12		documentation.
13		Upon receipt of federal approval of an amendment to the
14		Illinois Title XIX State Plan for this purpose, the Department
15		shall authorize the Chicago Public Schools (CPS) to procure a
16		vendor or vendors to manufacture eyeglasses for individuals
17		enrolled in a school within the CPS system. CPS shall ensure
18		that its vendor or vendors are enrolled as providers in the
19		medical assistance program and in any capitated Medicaid
20		managed care entity (MCE) serving individuals enrolled in a
21		school within the CPS system. Under any contract procured under
22		this provision, the vendor or vendors must serve only
23		individuals enrolled in a school within the CPS system. Claims
24		for services provided by CPS's vendor or vendors to recipients
25		of benefits in the medical assistance program under this Code,
26		the Children's Health Insurance Program, or the Covering ALL

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

HB3855 Engrossed - 1043 - LRB100 05985 AMC 16014 b
1		for reimbursement for covered dental services rendered under
2		this provision.
3		The Illinois Department, by rule, may distinguish and
4		classify the medical services to be provided only in accordance
5		with the classes of persons designated in Section 5-2.
6		The Department of Healthcare and Family Services must
7		provide coverage and reimbursement for amino acid-based
8		elemental formulas, regardless of delivery method, for the
9		diagnosis and treatment of (i) eosinophilic disorders and (ii)
10		short bowel syndrome when the prescribing physician has issued
11		a written order stating that the amino acid-based elemental
12		formula is medically necessary.
13		The Illinois Department shall authorize the provision of,
14		and shall authorize payment for, screening by low-dose
15		mammography for the presence of occult breast cancer for women
16		35 years of age or older who are eligible for medical
17		assistance under this Article, as follows:
18		(A) A baseline mammogram for women 35 to 39 years of
19		age.
20		(B) An annual mammogram for women 40 years of age or
21		older.
22		(C) A mammogram at the age and intervals considered
23		medically necessary by the woman's health care provider for
24		women under 40 years of age and having a family history of
25		breast cancer, prior personal history of breast cancer,
26		positive genetic testing, or other risk factors.

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1		(D) A comprehensive ultrasound screening of an entire
2		breast or breasts if a mammogram demonstrates
3		heterogeneous or dense breast tissue, when medically
4		necessary as determined by a physician licensed to practice
5		medicine in all of its branches.
6		(E) A screening MRI when medically necessary, as
7		determined by a physician licensed to practice medicine in
8		all of its branches.
9		All screenings shall include a physical breast exam,
10		instruction on self-examination and information regarding the
11		frequency of self-examination and its value as a preventative
12		tool. For purposes of this Section, "low-dose mammography"
13		means the x-ray examination of the breast using equipment
14		dedicated specifically for mammography, including the x-ray
15		tube, filter, compression device, and image receptor, with an
16		average radiation exposure delivery of less than one rad per
17		breast for 2 views of an average size breast. The term also
18		includes digital mammography and includes breast
19		tomosynthesis. As used in this Section, the term "breast
20		tomosynthesis" means a radiologic procedure that involves the
21		acquisition of projection images over the stationary breast to
22		produce cross-sectional digital three-dimensional images of
23		the breast. If, at any time, the Secretary of the United States
24		Department of Health and Human Services, or its successor
25		agency, promulgates rules or regulations to be published in the
26		Federal Register or publishes a comment in the Federal Register

HB3855 Engrossed - 1045 - LRB100 05985 AMC 16014 b
1		or issues an opinion, guidance, or other action that would
2		require the State, pursuant to any provision of the Patient
3		Protection and Affordable Care Act (Public Law 111-148),
4		including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
5		successor provision, to defray the cost of any coverage for
6		breast tomosynthesis outlined in this paragraph, then the
7		requirement that an insurer cover breast tomosynthesis is
8		inoperative other than any such coverage authorized under
9		Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and
10		the State shall not assume any obligation for the cost of
11		coverage for breast tomosynthesis set forth in this paragraph.
12		On and after January 1, 2016, the Department shall ensure
13		that all networks of care for adult clients of the Department
14		include access to at least one breast imaging Center of Imaging
15		Excellence as certified by the American College of Radiology.
16		On and after January 1, 2012, providers participating in a
17		quality improvement program approved by the Department shall be
18		reimbursed for screening and diagnostic mammography at the same
19		rate as the Medicare program's rates, including the increased
20		reimbursement for digital mammography.
21		The Department shall convene an expert panel including
22		representatives of hospitals, free-standing mammography
23		facilities, and doctors, including radiologists, to establish
24		quality standards for mammography.
25		On and after January 1, 2017, providers participating in a
26		breast cancer treatment quality improvement program approved

HB3855 Engrossed - 1046 - LRB100 05985 AMC 16014 b
1		by the Department shall be reimbursed for breast cancer
2		treatment at a rate that is no lower than 95% of the Medicare
3		program's rates for the data elements included in the breast
4		cancer treatment quality program.
5		The Department shall convene an expert panel, including
6		representatives of hospitals, free standing breast cancer
7		treatment centers, breast cancer quality organizations, and
8		doctors, including breast surgeons, reconstructive breast
9		surgeons, oncologists, and primary care providers to establish
10		quality standards for breast cancer treatment.
11		Subject to federal approval, the Department shall
12		establish a rate methodology for mammography at federally
13		qualified health centers and other encounter-rate clinics.
14		These clinics or centers may also collaborate with other
15		hospital-based mammography facilities. By January 1, 2016, the
16		Department shall report to the General Assembly on the status
17		of the provision set forth in this paragraph.
18		The Department shall establish a methodology to remind
19		women who are age-appropriate for screening mammography, but
20		who have not received a mammogram within the previous 18
21		months, of the importance and benefit of screening mammography.
22		The Department shall work with experts in breast cancer
23		outreach and patient navigation to optimize these reminders and
24		shall establish a methodology for evaluating their
25		effectiveness and modifying the methodology based on the
26		evaluation.

HB3855 Engrossed - 1047 - LRB100 05985 AMC 16014 b
1		The Department shall establish a performance goal for
2		primary care providers with respect to their female patients
3		over age 40 receiving an annual mammogram. This performance
4		goal shall be used to provide additional reimbursement in the
5		form of a quality performance bonus to primary care providers
6		who meet that goal.
7		The Department shall devise a means of case-managing or
8		patient navigation for beneficiaries diagnosed with breast
9		cancer. This program shall initially operate as a pilot program
10		in areas of the State with the highest incidence of mortality
11		related to breast cancer. At least one pilot program site shall
12		be in the metropolitan Chicago area and at least one site shall
13		be outside the metropolitan Chicago area. On or after July 1,
14		2016, the pilot program shall be expanded to include one site
15		in western Illinois, one site in southern Illinois, one site in
16		central Illinois, and 4 sites within metropolitan Chicago. An
17		evaluation of the pilot program shall be carried out measuring
18		health outcomes and cost of care for those served by the pilot
19		program compared to similarly situated patients who are not
20		served by the pilot program.
21		The Department shall require all networks of care to
22		develop a means either internally or by contract with experts
23		in navigation and community outreach to navigate cancer
24		patients to comprehensive care in a timely fashion. The
25		Department shall require all networks of care to include access
26		for patients diagnosed with cancer to at least one academic

HB3855 Engrossed - 1048 - LRB100 05985 AMC 16014 b
1		commission on cancer-accredited cancer program as an
2		in-network covered benefit.
3		Any medical or health care provider shall immediately
4		recommend, to any pregnant woman who is being provided prenatal
5		services and is suspected of drug abuse or is addicted as
6		defined in the Alcoholism and Other Drug Abuse and Dependency
7		Act, referral to a local substance abuse treatment provider
8		licensed by the Department of Human Services or to a licensed
9		hospital which provides substance abuse treatment services.
10		The Department of Healthcare and Family Services shall assure
11		coverage for the cost of treatment of the drug abuse or
12		addiction for pregnant recipients in accordance with the
13		Illinois Medicaid Program in conjunction with the Department of
14		Human Services.
15		All medical providers providing medical assistance to
16		pregnant women under this Code shall receive information from
17		the Department on the availability of services under the Drug
18		Free Families with a Future or any comparable program providing
19		case management services for addicted women, including
20		information on appropriate referrals for other social services
21		that may be needed by addicted women in addition to treatment
22		for addiction.
23		The Illinois Department, in cooperation with the
24		Departments of Human Services (as successor to the Department
25		of Alcoholism and Substance Abuse) and Public Health, through a
26		public awareness campaign, may provide information concerning

HB3855 Engrossed - 1049 - LRB100 05985 AMC 16014 b
1		treatment for alcoholism and drug abuse and addiction, prenatal
2		health care, and other pertinent programs directed at reducing
3		the number of drug-affected infants born to recipients of
4		medical assistance.
5		Neither the Department of Healthcare and Family Services
6		nor the Department of Human Services shall sanction the
7		recipient solely on the basis of her substance abuse.
8		The Illinois Department shall establish such regulations
9		governing the dispensing of health services under this Article
10		as it shall deem appropriate. The Department should seek the
11		advice of formal professional advisory committees appointed by
12		the Director of the Illinois Department for the purpose of
13		providing regular advice on policy and administrative matters,
14		information dissemination and educational activities for
15		medical and health care providers, and consistency in
16		procedures to the Illinois Department.
17		The Illinois Department may develop and contract with
18		Partnerships of medical providers to arrange medical services
19		for persons eligible under Section 5-2 of this Code.
20		Implementation of this Section may be by demonstration projects
21		in certain geographic areas. The Partnership shall be
22		represented by a sponsor organization. The Department, by rule,
23		shall develop qualifications for sponsors of Partnerships.
24		Nothing in this Section shall be construed to require that the
25		sponsor organization be a medical organization.
26		The sponsor must negotiate formal written contracts with

HB3855 Engrossed - 1050 - LRB100 05985 AMC 16014 b
1		medical providers for physician services, inpatient and
2		outpatient hospital care, home health services, treatment for
3		alcoholism and substance abuse, and other services determined
4		necessary by the Illinois Department by rule for delivery by
5		Partnerships. Physician services must include prenatal and
6		obstetrical care. The Illinois Department shall reimburse
7		medical services delivered by Partnership providers to clients
8		in target areas according to provisions of this Article and the
9		Illinois Health Finance Reform Act, except that:
10		(1) Physicians participating in a Partnership and
11		providing certain services, which shall be determined by
12		the Illinois Department, to persons in areas covered by the
13		Partnership may receive an additional surcharge for such
14		services.
15		(2) The Department may elect to consider and negotiate
16		financial incentives to encourage the development of
17		Partnerships and the efficient delivery of medical care.
18		(3) Persons receiving medical services through
19		Partnerships may receive medical and case management
20		services above the level usually offered through the
21		medical assistance program.
22		Medical providers shall be required to meet certain
23		qualifications to participate in Partnerships to ensure the
24		delivery of high quality medical services. These
25		qualifications shall be determined by rule of the Illinois
26		Department and may be higher than qualifications for

HB3855 Engrossed - 1051 - LRB100 05985 AMC 16014 b
1		participation in the medical assistance program. Partnership
2		sponsors may prescribe reasonable additional qualifications
3		for participation by medical providers, only with the prior
4		written approval of the Illinois Department.
5		Nothing in this Section shall limit the free choice of
6		practitioners, hospitals, and other providers of medical
7		services by clients. In order to ensure patient freedom of
8		choice, the Illinois Department shall immediately promulgate
9		all rules and take all other necessary actions so that provided
10		services may be accessed from therapeutically certified
11		optometrists to the full extent of the Illinois Optometric
12		Practice Act of 1987 without discriminating between service
13		providers.
14		The Department shall apply for a waiver from the United
15		States Health Care Financing Administration to allow for the
16		implementation of Partnerships under this Section.
17		The Illinois Department shall require health care
18		providers to maintain records that document the medical care
19		and services provided to recipients of Medical Assistance under
20		this Article. Such records must be retained for a period of not
21		less than 6 years from the date of service or as provided by
22		applicable State law, whichever period is longer, except that
23		if an audit is initiated within the required retention period
24		then the records must be retained until the audit is completed
25		and every exception is resolved. The Illinois Department shall
26		require health care providers to make available, when

HB3855 Engrossed - 1052 - LRB100 05985 AMC 16014 b
1		authorized by the patient, in writing, the medical records in a
2		timely fashion to other health care providers who are treating
3		or serving persons eligible for Medical Assistance under this
4		Article. All dispensers of medical services shall be required
5		to maintain and retain business and professional records
6		sufficient to fully and accurately document the nature, scope,
7		details and receipt of the health care provided to persons
8		eligible for medical assistance under this Code, in accordance
9		with regulations promulgated by the Illinois Department. The
10		rules and regulations shall require that proof of the receipt
11		of prescription drugs, dentures, prosthetic devices and
12		eyeglasses by eligible persons under this Section accompany
13		each claim for reimbursement submitted by the dispenser of such
14		medical services. No such claims for reimbursement shall be
15		approved for payment by the Illinois Department without such
16		proof of receipt, unless the Illinois Department shall have put
17		into effect and shall be operating a system of post-payment
18		audit and review which shall, on a sampling basis, be deemed
19		adequate by the Illinois Department to assure that such drugs,
20		dentures, prosthetic devices and eyeglasses for which payment
21		is being made are actually being received by eligible
22		recipients. Within 90 days after September 16, 1984 (the
23		effective date of Public Act 83-1439), the Illinois Department
24		shall establish a current list of acquisition costs for all
25		prosthetic devices and any other items recognized as medical
26		equipment and supplies reimbursable under this Article and

HB3855 Engrossed - 1053 - LRB100 05985 AMC 16014 b
1		shall update such list on a quarterly basis, except that the
2		acquisition costs of all prescription drugs shall be updated no
3		less frequently than every 30 days as required by Section
4		5-5.12.
5		The rules and regulations of the Illinois Department shall
6		require that a written statement including the required opinion
7		of a physician shall accompany any claim for reimbursement for
8		abortions, or induced miscarriages or premature births. This
9		statement shall indicate what procedures were used in providing
10		such medical services.
11		Notwithstanding any other law to the contrary, the Illinois
12		Department shall, within 365 days after July 22, 2013 (the
13		effective date of Public Act 98-104), establish procedures to
14		permit skilled care facilities licensed under the Nursing Home
15		Care Act to submit monthly billing claims for reimbursement
16		purposes. Following development of these procedures, the
17		Department shall, by July 1, 2016, test the viability of the
18		new system and implement any necessary operational or
19		structural changes to its information technology platforms in
20		order to allow for the direct acceptance and payment of nursing
21		home claims.
22		Notwithstanding any other law to the contrary, the Illinois
23		Department shall, within 365 days after August 15, 2014 (the
24		effective date of Public Act 98-963), establish procedures to
25		permit ID/DD facilities licensed under the ID/DD Community Care
26		Act and MC/DD facilities licensed under the MC/DD Act to submit

HB3855 Engrossed - 1054 - LRB100 05985 AMC 16014 b
1		monthly billing claims for reimbursement purposes. Following
2		development of these procedures, the Department shall have an
3		additional 365 days to test the viability of the new system and
4		to ensure that any necessary operational or structural changes
5		to its information technology platforms are implemented.
6		The Illinois Department shall require all dispensers of
7		medical services, other than an individual practitioner or
8		group of practitioners, desiring to participate in the Medical
9		Assistance program established under this Article to disclose
10		all financial, beneficial, ownership, equity, surety or other
11		interests in any and all firms, corporations, partnerships,
12		associations, business enterprises, joint ventures, agencies,
13		institutions or other legal entities providing any form of
14		health care services in this State under this Article.
15		The Illinois Department may require that all dispensers of
16		medical services desiring to participate in the medical
17		assistance program established under this Article disclose,
18		under such terms and conditions as the Illinois Department may
19		by rule establish, all inquiries from clients and attorneys
20		regarding medical bills paid by the Illinois Department, which
21		inquiries could indicate potential existence of claims or liens
22		for the Illinois Department.
23		Enrollment of a vendor shall be subject to a provisional
24		period and shall be conditional for one year. During the period
25		of conditional enrollment, the Department may terminate the
26		vendor's eligibility to participate in, or may disenroll the

HB3855 Engrossed - 1055 - LRB100 05985 AMC 16014 b
1		vendor from, the medical assistance program without cause.
2		Unless otherwise specified, such termination of eligibility or
3		disenrollment is not subject to the Department's hearing
4		process. However, a disenrolled vendor may reapply without
5		penalty.
6		The Department has the discretion to limit the conditional
7		enrollment period for vendors based upon category of risk of
8		the vendor.
9		Prior to enrollment and during the conditional enrollment
10		period in the medical assistance program, all vendors shall be
11		subject to enhanced oversight, screening, and review based on
12		the risk of fraud, waste, and abuse that is posed by the
13		category of risk of the vendor. The Illinois Department shall
14		establish the procedures for oversight, screening, and review,
15		which may include, but need not be limited to: criminal and
16		financial background checks; fingerprinting; license,
17		certification, and authorization verifications; unscheduled or
18		unannounced site visits; database checks; prepayment audit
19		reviews; audits; payment caps; payment suspensions; and other
20		screening as required by federal or State law.
21		The Department shall define or specify the following: (i)
22		by provider notice, the "category of risk of the vendor" for
23		each type of vendor, which shall take into account the level of
24		screening applicable to a particular category of vendor under
25		federal law and regulations; (ii) by rule or provider notice,
26		the maximum length of the conditional enrollment period for

HB3855 Engrossed - 1056 - LRB100 05985 AMC 16014 b
1		each category of risk of the vendor; and (iii) by rule, the
2		hearing rights, if any, afforded to a vendor in each category
3		of risk of the vendor that is terminated or disenrolled during
4		the conditional enrollment period.
5		To be eligible for payment consideration, a vendor's
6		payment claim or bill, either as an initial claim or as a
7		resubmitted claim following prior rejection, must be received
8		by the Illinois Department, or its fiscal intermediary, no
9		later than 180 days after the latest date on the claim on which
10		medical goods or services were provided, with the following
11		exceptions:
12		(1) In the case of a provider whose enrollment is in
13		process by the Illinois Department, the 180-day period
14		shall not begin until the date on the written notice from
15		the Illinois Department that the provider enrollment is
16		complete.
17		(2) In the case of errors attributable to the Illinois
18		Department or any of its claims processing intermediaries
19		which result in an inability to receive, process, or
20		adjudicate a claim, the 180-day period shall not begin
21		until the provider has been notified of the error.
22		(3) In the case of a provider for whom the Illinois
23		Department initiates the monthly billing process.
24		(4) In the case of a provider operated by a unit of
25		local government with a population exceeding 3,000,000
26		when local government funds finance federal participation

HB3855 Engrossed - 1057 - LRB100 05985 AMC 16014 b
1		for claims payments.
2		For claims for services rendered during a period for which
3		a recipient received retroactive eligibility, claims must be
4		filed within 180 days after the Department determines the
5		applicant is eligible. For claims for which the Illinois
6		Department is not the primary payer, claims must be submitted
7		to the Illinois Department within 180 days after the final
8		adjudication by the primary payer.
9		In the case of long term care facilities, within 5 days of
10		receipt by the facility of required prescreening information,
11		data for new admissions shall be entered into the Medical
12		Electronic Data Interchange (MEDI) or the Recipient
13		Eligibility Verification (REV) System or successor system, and
14		within 15 days of receipt by the facility of required
15		prescreening information, admission documents shall be
16		submitted through MEDI or REV or shall be submitted directly to
17		the Department of Human Services using required admission
18		forms. Effective September 1, 2014, admission documents,
19		including all prescreening information, must be submitted
20		through MEDI or REV. Confirmation numbers assigned to an
21		accepted transaction shall be retained by a facility to verify
22		timely submittal. Once an admission transaction has been
23		completed, all resubmitted claims following prior rejection
24		are subject to receipt no later than 180 days after the
25		admission transaction has been completed.
26		Claims that are not submitted and received in compliance

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1		with the foregoing requirements shall not be eligible for
2		payment under the medical assistance program, and the State
3		shall have no liability for payment of those claims.
4		To the extent consistent with applicable information and
5		privacy, security, and disclosure laws, State and federal
6		agencies and departments shall provide the Illinois Department
7		access to confidential and other information and data necessary
8		to perform eligibility and payment verifications and other
9		Illinois Department functions. This includes, but is not
10		limited to: information pertaining to licensure;
11		certification; earnings; immigration status; citizenship; wage
12		reporting; unearned and earned income; pension income;
13		employment; supplemental security income; social security
14		numbers; National Provider Identifier (NPI) numbers; the
15		National Practitioner Data Bank (NPDB); program and agency
16		exclusions; taxpayer identification numbers; tax delinquency;
17		corporate information; and death records.
18		The Illinois Department shall enter into agreements with
19		State agencies and departments, and is authorized to enter into
20		agreements with federal agencies and departments, under which
21		such agencies and departments shall share data necessary for
22		medical assistance program integrity functions and oversight.
23		The Illinois Department shall develop, in cooperation with
24		other State departments and agencies, and in compliance with
25		applicable federal laws and regulations, appropriate and
26		effective methods to share such data. At a minimum, and to the

HB3855 Engrossed - 1059 - LRB100 05985 AMC 16014 b
1		extent necessary to provide data sharing, the Illinois
2		Department shall enter into agreements with State agencies and
3		departments, and is authorized to enter into agreements with
4		federal agencies and departments, including but not limited to:
5		the Secretary of State; the Department of Revenue; the
6		Department of Public Health; the Department of Human Services;
7		and the Department of Financial and Professional Regulation.
8		Beginning in fiscal year 2013, the Illinois Department
9		shall set forth a request for information to identify the
10		benefits of a pre-payment, post-adjudication, and post-edit
11		claims system with the goals of streamlining claims processing
12		and provider reimbursement, reducing the number of pending or
13		rejected claims, and helping to ensure a more transparent
14		adjudication process through the utilization of: (i) provider
15		data verification and provider screening technology; and (ii)
16		clinical code editing; and (iii) pre-pay, pre- or
17		post-adjudicated predictive modeling with an integrated case
18		management system with link analysis. Such a request for
19		information shall not be considered as a request for proposal
20		or as an obligation on the part of the Illinois Department to
21		take any action or acquire any products or services.
22		The Illinois Department shall establish policies,
23		procedures, standards and criteria by rule for the acquisition,
24		repair and replacement of orthotic and prosthetic devices and
25		durable medical equipment. Such rules shall provide, but not be
26		limited to, the following services: (1) immediate repair or

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1		replacement of such devices by recipients; and (2) rental,
2		lease, purchase or lease-purchase of durable medical equipment
3		in a cost-effective manner, taking into consideration the
4		recipient's medical prognosis, the extent of the recipient's
5		needs, and the requirements and costs for maintaining such
6		equipment. Subject to prior approval, such rules shall enable a
7		recipient to temporarily acquire and use alternative or
8		substitute devices or equipment pending repairs or
9		replacements of any device or equipment previously authorized
10		for such recipient by the Department. Notwithstanding any
11		provision of Section 5-5f to the contrary, the Department may,
12		by rule, exempt certain replacement wheelchair parts from prior
13		approval and, for wheelchairs, wheelchair parts, wheelchair
14		accessories, and related seating and positioning items,
15		determine the wholesale price by methods other than actual
16		acquisition costs.
17		The Department shall require, by rule, all providers of
18		durable medical equipment to be accredited by an accreditation
19		organization approved by the federal Centers for Medicare and
20		Medicaid Services and recognized by the Department in order to
21		bill the Department for providing durable medical equipment to
22		recipients. No later than 15 months after the effective date of
23		the rule adopted pursuant to this paragraph, all providers must
24		meet the accreditation requirement.
25		The Department shall execute, relative to the nursing home
26		prescreening project, written inter-agency agreements with the

HB3855 Engrossed - 1061 - LRB100 05985 AMC 16014 b
1		Department of Human Services and the Department on Aging, to
2		effect the following: (i) intake procedures and common
3		eligibility criteria for those persons who are receiving
4		non-institutional services; and (ii) the establishment and
5		development of non-institutional services in areas of the State
6		where they are not currently available or are undeveloped; and
7		(iii) notwithstanding any other provision of law, subject to
8		federal approval, on and after July 1, 2012, an increase in the
9		determination of need (DON) scores from 29 to 37 for applicants
10		for institutional and home and community-based long term care;
11		if and only if federal approval is not granted, the Department
12		may, in conjunction with other affected agencies, implement
13		utilization controls or changes in benefit packages to
14		effectuate a similar savings amount for this population; and
15		(iv) no later than July 1, 2013, minimum level of care
16		eligibility criteria for institutional and home and
17		community-based long term care; and (v) no later than October
18		1, 2013, establish procedures to permit long term care
19		providers access to eligibility scores for individuals with an
20		admission date who are seeking or receiving services from the
21		long term care provider. In order to select the minimum level
22		of care eligibility criteria, the Governor shall establish a
23		workgroup that includes affected agency representatives and
24		stakeholders representing the institutional and home and
25		community-based long term care interests. This Section shall
26		not restrict the Department from implementing lower level of

HB3855 Engrossed - 1062 - LRB100 05985 AMC 16014 b
1		care eligibility criteria for community-based services in
2		circumstances where federal approval has been granted.
3		The Illinois Department shall develop and operate, in
4		cooperation with other State Departments and agencies and in
5		compliance with applicable federal laws and regulations,
6		appropriate and effective systems of health care evaluation and
7		programs for monitoring of utilization of health care services
8		and facilities, as it affects persons eligible for medical
9		assistance under this Code.
10		The Illinois Department shall report annually to the
11		General Assembly, no later than the second Friday in April of
12		1979 and each year thereafter, in regard to:
13		(a) actual statistics and trends in utilization of
14		medical services by public aid recipients;
15		(b) actual statistics and trends in the provision of
16		the various medical services by medical vendors;
17		(c) current rate structures and proposed changes in
18		those rate structures for the various medical vendors; and
19		(d) efforts at utilization review and control by the
20		Illinois Department.
21		The period covered by each report shall be the 3 years
22		ending on the June 30 prior to the report. The report shall
23		include suggested legislation for consideration by the General
24		Assembly. The filing of one copy of the report with the
25		Speaker, one copy with the Minority Leader and one copy with
26		the Clerk of the House of Representatives, one copy with the

HB3855 Engrossed - 1063 - LRB100 05985 AMC 16014 b
1		President, one copy with the Minority Leader and one copy with
2		the Secretary of the Senate, one copy with the Legislative
3		Research Unit, and such additional copies with the State
4		Government Report Distribution Center for the General Assembly
5		as is required under paragraph (t) of Section 7 of the State
6		Library Act shall be deemed sufficient to comply with this
7		Section.
8		Rulemaking authority to implement Public Act 95-1045, if
9		any, is conditioned on the rules being adopted in accordance
10		with all provisions of the Illinois Administrative Procedure
11		Act and all rules and procedures of the Joint Committee on
12		Administrative Rules; any purported rule not so adopted, for
13		whatever reason, is unauthorized.
14		On and after July 1, 2012, the Department shall reduce any
15		rate of reimbursement for services or other payments or alter
16		any methodologies authorized by this Code to reduce any rate of
17		reimbursement for services or other payments in accordance with
18		Section 5-5e.
19		Because kidney transplantation can be an appropriate, cost
20		effective alternative to renal dialysis when medically
21		necessary and notwithstanding the provisions of Section 1-11 of
22		this Code, beginning October 1, 2014, the Department shall
23		cover kidney transplantation for noncitizens with end-stage
24		renal disease who are not eligible for comprehensive medical
25		benefits, who meet the residency requirements of Section 5-3 of
26		this Code, and who would otherwise meet the financial

HB3855 Engrossed - 1064 - LRB100 05985 AMC 16014 b
1		requirements of the appropriate class of eligible persons under
2		Section 5-2 of this Code. To qualify for coverage of kidney
3		transplantation, such person must be receiving emergency renal
4		dialysis services covered by the Department. Providers under
5		this Section shall be prior approved and certified by the
6		Department to perform kidney transplantation and the services
7		under this Section shall be limited to services associated with
8		kidney transplantation.
9		Notwithstanding any other provision of this Code to the
10		contrary, on or after July 1, 2015, all FDA approved forms of
11		medication assisted treatment prescribed for the treatment of
12		alcohol dependence or treatment of opioid dependence shall be
13		covered under both fee for service and managed care medical
14		assistance programs for persons who are otherwise eligible for
15		medical assistance under this Article and shall not be subject
16		to any (1) utilization control, other than those established
17		under the American Society of Addiction Medicine patient
18		placement criteria, (2) prior authorization mandate, or (3)
19		lifetime restriction limit mandate.
20		On or after July 1, 2015, opioid antagonists prescribed for
21		the treatment of an opioid overdose, including the medication
22		product, administration devices, and any pharmacy fees related
23		to the dispensing and administration of the opioid antagonist,
24		shall be covered under the medical assistance program for
25		persons who are otherwise eligible for medical assistance under
26		this Article. As used in this Section, "opioid antagonist"

HB3855 Engrossed - 1065 - LRB100 05985 AMC 16014 b
1		means a drug that binds to opioid receptors and blocks or
2		inhibits the effect of opioids acting on those receptors,
3		including, but not limited to, naloxone hydrochloride or any
4		other similarly acting drug approved by the U.S. Food and Drug
5		Administration.
6		Upon federal approval, the Department shall provide
7		coverage and reimbursement for all drugs that are approved for
8		marketing by the federal Food and Drug Administration and that
9		are recommended by the federal Public Health Service or the
10		United States Centers for Disease Control and Prevention for
11		pre-exposure prophylaxis and related pre-exposure prophylaxis
12		services, including, but not limited to, HIV and sexually
13		transmitted infection screening, treatment for sexually
14		transmitted infections, medical monitoring, assorted labs, and
15		counseling to reduce the likelihood of HIV infection among
16		individuals who are not infected with HIV but who are at high
17		risk of HIV infection.
18		(Source: P.A. 98-104, Article 9, Section 9-5, eff. 7-22-13;
19		98-104, Article 12, Section 12-20, eff. 7-22-13; 98-303, eff.
20		8-9-13; 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 98-756,
21		eff. 7-16-14; 98-963, eff. 8-15-14; 99-78, eff. 7-20-15;
22		99-180, eff. 7-29-15; 99-236, eff. 8-3-15; 99-407 (see Section
23		20 of P.A. 99-588 for the effective date of P.A. 99-407);
24		99-433, eff. 8-21-15; 99-480, eff. 9-9-15; 99-588, eff.
25		7-20-16; 99-642, eff. 7-28-16; 99-772, eff. 1-1-17; 99-895,
26		eff. 1-1-17; revised 9-20-16.)

HB3855 Engrossed - 1066 - LRB100 05985 AMC 16014 b
1		(305 ILCS 5/5-30.1)
2		Sec. 5-30.1. Managed care protections.
3		(a) As used in this Section:
4		"Managed care organization" or "MCO" means any entity which
5		contracts with the Department to provide services where payment
6		for medical services is made on a capitated basis.
7		"Emergency services" include:
8		(1) emergency services, as defined by Section 10 of the
9		Managed Care Reform and Patient Rights Act;
10		(2) emergency medical screening examinations, as
11		defined by Section 10 of the Managed Care Reform and
12		Patient Rights Act;
13		(3) post-stabilization medical services, as defined by
14		Section 10 of the Managed Care Reform and Patient Rights
15		Act; and
16		(4) emergency medical conditions, as defined by
17		Section 10 of the Managed Care Reform and Patient Rights
18		Act.
19		(b) As provided by Section 5-16.12, managed care
20		organizations are subject to the provisions of the Managed Care
21		Reform and Patient Rights Act.
22		(c) An MCO shall pay any provider of emergency services
23		that does not have in effect a contract with the contracted
24		Medicaid MCO. The default rate of reimbursement shall be the
25		rate paid under Illinois Medicaid fee-for-service program

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1		methodology, including all policy adjusters, including but not
2		limited to Medicaid High Volume Adjustments, Medicaid
3		Percentage Adjustments, Outpatient High Volume Adjustments,
4		and all outlier add-on adjustments to the extent such
5		adjustments are incorporated in the development of the
6		applicable MCO capitated rates.
7		(d) An MCO shall pay for all post-stabilization services as
8		a covered service in any of the following situations:
9		(1) the MCO authorized such services;
10		(2) such services were administered to maintain the
11		enrollee's stabilized condition within one hour after a
12		request to the MCO for authorization of further
13		post-stabilization services;
14		(3) the MCO did not respond to a request to authorize
15		such services within one hour;
16		(4) the MCO could not be contacted; or
17		(5) the MCO and the treating provider, if the treating
18		provider is a non-affiliated provider, could not reach an
19		agreement concerning the enrollee's care and an affiliated
20		provider was unavailable for a consultation, in which case
21		the MCO must pay for such services rendered by the treating
22		non-affiliated provider until an affiliated provider was
23		reached and either concurred with the treating
24		non-affiliated provider's plan of care or assumed
25		responsibility for the enrollee's care. Such payment shall
26		be made at the default rate of reimbursement paid under

HB3855 Engrossed - 1068 - LRB100 05985 AMC 16014 b
1		Illinois Medicaid fee-for-service program methodology,
2		including all policy adjusters, including but not limited
3		to Medicaid High Volume Adjustments, Medicaid Percentage
4		Adjustments, Outpatient High Volume Adjustments and all
5		outlier add-on adjustments to the extent that such
6		adjustments are incorporated in the development of the
7		applicable MCO capitated rates.
8		(e) The following requirements apply to MCOs in determining
9		payment for all emergency services:
10		(1) MCOs shall not impose any requirements for prior
11		approval of emergency services.
12		(2) The MCO shall cover emergency services provided to
13		enrollees who are temporarily away from their residence and
14		outside the contracting area to the extent that the
15		enrollees would be entitled to the emergency services if
16		they still were within the contracting area.
17		(3) The MCO shall have no obligation to cover medical
18		services provided on an emergency basis that are not
19		covered services under the contract.
20		(4) The MCO shall not condition coverage for emergency
21		services on the treating provider notifying the MCO of the
22		enrollee's screening and treatment within 10 days after
23		presentation for emergency services.
24		(5) The determination of the attending emergency
25		physician, or the provider actually treating the enrollee,
26		of whether an enrollee is sufficiently stabilized for

HB3855 Engrossed - 1069 - LRB100 05985 AMC 16014 b
1		discharge or transfer to another facility, shall be binding
2		on the MCO. The MCO shall cover emergency services for all
3		enrollees whether the emergency services are provided by an
4		affiliated or non-affiliated provider.
5		(6) The MCO's financial responsibility for
6		post-stabilization care services it has not pre-approved
7		ends when:
8		(A) a plan physician with privileges at the
9		treating hospital assumes responsibility for the
10		enrollee's care;
11		(B) a plan physician assumes responsibility for
12		the enrollee's care through transfer;
13		(C) a contracting entity representative and the
14		treating physician reach an agreement concerning the
15		enrollee's care; or
16		(D) the enrollee is discharged.
17		(f) Network adequacy and transparency.
18		(1) The Department shall:
19		(A) ensure that an adequate provider network is in
20		place, taking into consideration health professional
21		shortage areas and medically underserved areas;
22		(B) publicly release an explanation of its process
23		for analyzing network adequacy;
24		(C) periodically ensure that an MCO continues to
25		have an adequate network in place; and
26		(D) require MCOs, including Medicaid Managed Care

HB3855 Engrossed - 1070 - LRB100 05985 AMC 16014 b
1		Entities as defined in Section 5-30.2, to meet provider
2		directory requirements under Section 5-30.3.
3		(2) Each MCO shall confirm its receipt of information
4		submitted specific to physician additions or physician
5		deletions from the MCO's provider network within 3 days
6		after receiving all required information from contracted
7		physicians, and electronic physician directories must be
8		updated consistent with current rules as published by the
9		Centers for Medicare and Medicaid Services or its successor
10		agency.
11		(g) Timely payment of claims.
12		(1) The MCO shall pay a claim within 30 days of
13		receiving a claim that contains all the essential
14		information needed to adjudicate the claim.
15		(2) The MCO shall notify the billing party of its
16		inability to adjudicate a claim within 30 days of receiving
17		that claim.
18		(3) The MCO shall pay a penalty that is at least equal
19		to the penalty imposed under the Illinois Insurance Code
20		for any claims not timely paid.
21		(4) The Department may establish a process for MCOs to
22		expedite payments to providers based on criteria
23		established by the Department.
24		(g-5) Recognizing that the rapid transformation of the
25		Illinois Medicaid program may have unintended operational
26		challenges for both payers and providers:

HB3855 Engrossed - 1071 - LRB100 05985 AMC 16014 b
1		(1) in no instance shall a medically necessary covered
2		service rendered in good faith, based upon eligibility
3		information documented by the provider, be denied coverage
4		or diminished in payment amount if the eligibility or
5		coverage information available at the time the service was
6		rendered is later found to be inaccurate; and
7		(2) the Department shall, by December 31, 2016, adopt
8		rules establishing policies that shall be included in the
9		Medicaid managed care policy and procedures manual
10		addressing payment resolutions in situations in which a
11		provider renders services based upon information obtained
12		after verifying a patient's eligibility and coverage plan
13		through either the Department's current enrollment system
14		or a system operated by the coverage plan identified by the
15		patient presenting for services:
16		(A) such medically necessary covered services
17		shall be considered rendered in good faith;
18		(B) such policies and procedures shall be
19		developed in consultation with industry
20		representatives of the Medicaid managed care health
21		plans and representatives of provider associations
22		representing the majority of providers within the
23		identified provider industry; and
24		(C) such rules shall be published for a review and
25		comment period of no less than 30 days on the
26		Department's website with final rules remaining

HB3855 Engrossed - 1072 - LRB100 05985 AMC 16014 b
1		available on the Department's website.
2		(3) The rules on payment resolutions shall include, but
3		not be limited to:
4		(A) the extension of the timely filing period;
5		(B) retroactive prior authorizations; and
6		(C) guaranteed minimum payment rate of no less than
7		the current, as of the date of service, fee-for-service
8		rate, plus all applicable add-ons, when the resulting
9		service relationship is out of network.
10		(4) The rules shall be applicable for both MCO coverage
11		and fee-for-service coverage.
12		(g-6) MCO Performance Metrics Report.
13		(1) The Department shall publish, on at least a
14		quarterly basis, each MCO's operational performance,
15		including, but not limited to, the following categories of
16		metrics:
17		(A) claims payment, including timeliness and
18		accuracy;
19		(B) prior authorizations;
20		(C) grievance and appeals;
21		(D) utilization statistics;
22		(E) provider disputes;
23		(F) provider credentialing; and
24		(G) member and provider customer service.
25		(2) The Department shall ensure that the metrics report
26		is accessible to providers online by January 1, 2017.

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1		(3) The metrics shall be developed in consultation with
2		industry representatives of the Medicaid managed care
3		health plans and representatives of associations
4		representing the majority of providers within the
5		identified industry.
6		(4) Metrics shall be defined and incorporated into the
7		applicable Managed Care Policy Manual issued by the
8		Department.
9		(h) The Department shall not expand mandatory MCO
10		enrollment into new counties beyond those counties already
11		designated by the Department as of June 1, 2014 for the
12		individuals whose eligibility for medical assistance is not the
13		seniors or people with disabilities population until the
14		Department provides an opportunity for accountable care
15		entities and MCOs to participate in such newly designated
16		counties.
17		(i) The requirements of this Section apply to contracts
18		with accountable care entities and MCOs entered into, amended,
19		or renewed after June 16, 2014 (the effective date of Public
20		Act 98-651) this amendatory Act of the 98th General Assembly.
21		(Source: P.A. 98-651, eff. 6-16-14; 99-725, eff. 8-5-16;
22		99-751, eff. 8-5-16; revised 9-13-16.)
23		(305 ILCS 5/5-30.3)
24		Sec. 5-30.3. Empowering meaningful patient choice in
25		Medicaid Managed Care.

HB3855 Engrossed - 1074 - LRB100 05985 AMC 16014 b
1		(a) Definitions. As used in this Section:
2		"Client enrollment services broker" means a vendor the
3		Department contracts with to carry out activities related to
4		Medicaid recipients' enrollment, disenrollment, and renewal
5		with Medicaid Managed Care Entities.
6		"Composite domains" means the synthesized categories
7		reflecting the standardized quality performance measures
8		included in the consumer quality comparison tool. At a minimum,
9		these composite domains shall display Medicaid Managed Care
10		Entities' individual Plan performance on standardized quality,
11		timeliness, and access measures.
12		"Consumer quality comparison tool" means an online and
13		paper tool developed by the Department with input from
14		interested stakeholders reflecting the performance of Medicaid
15		Managed Care Entity Plans on standardized quality performance
16		measures. This tool shall be designed in a consumer-friendly
17		and easily understandable format.
18		"Covered services" means those health care services to
19		which a covered person is entitled to under the terms of the
20		Medicaid Managed Care Entity Plan.
21		"Facilities" includes, but is not limited to, federally
22		qualified health centers, skilled nursing facilities, and
23		rehabilitation centers.
24		"Hospitals" includes, but is not limited to, acute care,
25		rehabilitation, children's, and cancer hospitals.
26		"Integrated provider directory" means a searchable

HB3855 Engrossed - 1075 - LRB100 05985 AMC 16014 b
1		database bringing together network data from multiple Medicaid
2		Managed Care Entities that is available through client
3		enrollment services.
4		"Medicaid eligibility redetermination" means the process
5		by which the eligibility of a Medicaid recipient is reviewed by
6		the Department to determine if the recipient's medical benefits
7		will continue, be modified, or terminated.
8		"Medicaid Managed Care Entity" has the same meaning as
9		defined in Section 5-30.2 of this Code.
10		(b) Provider directory transparency.
11		(1) Each Medicaid Managed Care Entity shall:
12		(A) Make available on the entity's website a
13		provider directory in a machine readable file and
14		format.
15		(B) Make provider directories publicly accessible
16		without the necessity of providing a password, a
17		username, or personally identifiable information.
18		(C) Comply with all federal and State statutes and
19		regulations, including 42 CFR 438.10, pertaining to
20		provider directories within Medicaid Managed Care.
21		(D) Request, at least annually, provider office
22		hours for each of the following provider types:
23		(i) Health care professionals, including
24		dental and vision providers.
25		(ii) Hospitals.
26		(iii) Facilities, other than hospitals.

HB3855 Engrossed - 1076 - LRB100 05985 AMC 16014 b
1		(iv) Pharmacies, other than hospitals.
2		(v) Durable medical equipment suppliers, other
3		than hospitals.
4		Medicaid Managed Care Entities shall publish the
5		provider office hours in the provider directory upon
6		receipt.
7		(E) Confirm with the Medicaid Managed Care
8		Entity's contracted providers who have not submitted
9		claims within the past 6 months that the contracted
10		providers intend to remain in the network and correct
11		any incorrect provider directory information as
12		necessary.
13		(F) Ensure that in situations in which a Medicaid
14		Managed Care Entity Plan enrollee receives covered
15		services from a non-participating provider due to a
16		material misrepresentation in a Medicaid Managed Care
17		Entity's online electronic provider directory, the
18		Medicaid Managed Care Entity Plan enrollee shall not be
19		held responsible for any costs resulting from that
20		material misrepresentation.
21		(G) Conspicuously display an e-mail address and a
22		toll-free telephone number to which any individual may
23		report any inaccuracy in the provider directory. If the
24		Medicaid Managed Care Entity receives a report from any
25		person who specifically identifies provider directory
26		information as inaccurate, the Medicaid Managed Care

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1		Entity shall investigate the report and correct any
2		inaccurate information displayed in the electronic
3		directory.
4		(2) The Department shall:
5		(A) Regularly monitor Medicaid Managed Care
6		Entities to ensure that they are compliant with the
7		requirements under paragraph (1) of subsection (b).
8		(B) Require that the client enrollment services
9		broker use the Medicaid provider number for all
10		providers with a Medicaid Provider number to populate
11		the provider information in the integrated provider
12		directory.
13		(C) Ensure that each Medicaid Managed Care Entity
14		shall, at minimum, make the information in
15		subparagraph (D) of paragraph (1) of subsection (b)
16		available to the client enrollment services broker.
17		(D) Ensure that the client enrollment services
18		broker shall, at minimum, have the information in
19		subparagraph (D) of paragraph (1) of subsection (b)
20		available and searchable through the integrated
21		provider directory on its website as soon as possible
22		but no later than January 1, 2017.
23		(E) Require the client enrollment services broker
24		to conspicuously display near the integrated provider
25		directory an email address and a toll-free telephone
26		number provided by the Department to which any

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1		individual may report inaccuracies in the integrated
2		provider directory. If the Department receives a
3		report that identifies an inaccuracy in the integrated
4		provider directory, the Department shall provide the
5		information about the reported inaccuracy to the
6		appropriate Medicaid Managed Care Entity within 3
7		business days after the reported inaccuracy is
8		received.
9		(c) Formulary transparency.
10		(1) Medicaid Managed Care Entities shall publish on
11		their respective websites a formulary for each Medicaid
12		Managed Care Entity Plan offered and make the formularies
13		easily understandable and publicly accessible without the
14		necessity of providing a password, a username, or
15		personally identifiable information.
16		(2) Medicaid Managed Care Entities shall provide
17		printed formularies upon request.
18		(3) Electronic and print formularies shall display:
19		(A) the medications covered (both generic and name
20		brand);
21		(B) if the medication is preferred or not
22		preferred, and what each term means;
23		(C) what tier each medication is in and the meaning
24		of each tier;
25		(D) any utilization controls including, but not
26		limited to, step therapy, prior approval, dosage

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1		limits, gender or age restrictions, quantity limits,
2		or other policies that affect access to medications;
3		(E) any required cost-sharing;
4		(F) a glossary of key terms and explanation of
5		utilization controls and cost-sharing requirements;
6		(G) a key or legend for all utilization controls
7		visible on every page in which specific medication
8		coverage information is displayed; and
9		(H) directions explaining the process or processes
10		a consumer may follow to obtain more information if a
11		medication the consumer requires is not covered or
12		listed in the formulary.
13		(4) Each Medicaid Managed Care Entity shall display
14		conspicuously with each electronic and printed medication
15		formulary an e-mail address and a toll-free telephone
16		number to which any individual may report any inaccuracy in
17		the formulary. If the Medicaid Managed Care Entity receives
18		a report that the formulary information is inaccurate, the
19		Medicaid Managed Care Entity shall investigate the report
20		and correct any inaccurate information displayed in the
21		electronic formulary.
22		(5) Each Medicaid Managed Care Entity shall include a
23		disclosure in the electronic and requested print
24		formularies that provides the date of publication, a
25		statement that the formulary is up to date as of
26		publication, and contact information for questions and

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1		requests to receive updated information.
2		(6) The client enrollment services broker's website
3		shall display prominently a website URL link to each
4		Medicaid Managed Care Entity's Plan formulary. If a
5		Medicaid enrollee calls the client enrollment services
6		broker with questions regarding formularies, the client
7		enrollment services broker shall offer a brief description
8		of what a formulary is and shall refer the Medicaid
9		enrollee to the appropriate Medicaid Managed Care Entity
10		regarding his or her questions about a specific entity's
11		formulary.
12		(d) Grievances and appeals. The Department shall display
13		prominently on its website consumer-oriented information
14		describing how a Medicaid enrollee can file a complaint or
15		grievance, request a fair hearing for any adverse action taken
16		by the Department or a Medicaid Managed Care Entity, and access
17		free legal assistance or other assistance made available by the
18		State for Medicaid enrollees to pursue an action.
19		(e) Medicaid redetermination information. The Department
20		shall require the client enrollment services broker to display
21		prominently on the client enrollment services broker's website
22		a description of where a Medicaid enrollee can access
23		information regarding the Medicaid redetermination process.
24		(f) Medicaid care coordination information. The client
25		enrollment services broker shall display prominently on its
26		website, in an easily understandable format, consumer-oriented

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1		information regarding the role of care coordination services
2		within Medicaid Managed Care. Such information shall include,
3		but shall not be limited to:
4		(1) a basic description of the role of care
5		coordination services and examples of specific care
6		coordination activities; and
7		(2) how a Medicaid enrollee may request care
8		coordination services from a Medicaid Managed Care Entity.
9		(g) Consumer quality comparison tool.
10		(1) The Department shall create a consumer quality
11		comparison tool to assist Medicaid enrollees with Medicaid
12		Managed Care Entity Plan selection. This tool shall provide
13		Medicaid Managed Care Entities' individual Plan
14		performance on a set of standardized quality performance
15		measures. The Department shall ensure that this tool shall
16		be accessible in both a print and online format, with the
17		online format allowing for individuals to access
18		additional detailed Plan performance information.
19		(2) At a minimum, a printed version of the consumer
20		quality comparison tool shall be provided by the Department
21		on an annual basis to Medicaid enrollees who are required
22		by the Department to enroll in a Medicaid Managed Care
23		Entity Plan during an enrollee's open enrollment period.
24		The consumer quality comparison tool shall also meet all of
25		the following criteria:
26		(A) Display Medicaid Managed Care Entities'

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1		individual Plan performance on at least 4 composite
2		domains that reflect Plan quality, timeliness, and
3		access. The composite domains shall draw from the most
4		current available performance data sets including, but
5		not limited to:
6		(i) Healthcare Effectiveness Data and
7		Information Set (HEDIS) measures.
8		(ii) Core Set of Children's Health Care
9		Quality measures as required under the Children's
10		Health Insurance Program Reauthorization Act
11		(CHIPRA).
12		(iii) Adult Core Set measures.
13		(iv) Consumer Assessment of Healthcare
14		Providers and Systems (CAHPS) survey results.
15		(v) Additional performance measures the
16		Department deems appropriate to populate the
17		composite domains.
18		(B) Use a quality rating system developed by the
19		Department to reflect Medicaid Managed Care Entities'
20		individual Plan performance. The quality rating system
21		for each composite domain shall reflect the Medicaid
22		Managed Care Entities' individual Plan performance
23		and, when possible, plan performance relative to
24		national Medicaid percentiles.
25		(C) Be customized to reflect the specific Medicaid
26		Managed Care Entities' Plans available to the Medicaid

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1		enrollee based on his or her geographic location and
2		Medicaid eligibility category.
3		(D) Include contact information for the client
4		enrollment services broker and contact information for
5		Medicaid Managed Care Entities available to the
6		Medicaid enrollee based on his or her geographic
7		location and Medicaid eligibility category.
8		(E) Include guiding questions designed to assist
9		individuals selecting a Medicaid Managed Care Entity
10		Plan.
11		(3) At a minimum, the online version of the consumer
12		quality comparison tool shall meet all of the following
13		criteria:
14		(A) Display Medicaid Managed Care Entities'
15		individual Plan performance for the same composite
16		domains selected by the Department in the printed
17		version of the consumer quality comparison tool. The
18		Department may display additional composite domains in
19		the online version of the consumer quality comparison
20		tool as appropriate.
21		(B) Display Medicaid Managed Care Entities'
22		individual Plan performance on each of the
23		standardized performance measures that contribute to
24		each composite domain displayed on the online version
25		of the consumer quality comparison tool.
26		(C) Use a quality rating system developed by the

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1		Department to reflect Medicaid Managed Care Entities'
2		individual Plan performance. The quality rating system
3		for each composite domain shall reflect the Medicaid
4		Managed Care Entities' individual Plan performance
5		and, when possible, plan performance relative to
6		national Medicaid percentiles.
7		(D) Include the specific Medicaid Managed Care
8		Entity Plans available to the Medicaid enrollee based
9		on his or her geographic location and Medicaid
10		eligibility category.
11		(E) Include a sort function to view Medicaid
12		Managed Care Entities' individual Plan performance by
13		quality rating and by standardized quality performance
14		measures.
15		(F) Include contact information for the client
16		enrollment services broker and for each Medicaid
17		Managed Care Entity.
18		(G) Include guiding questions designed to assist
19		individuals in selecting a Medicaid Managed Care
20		Entity Plan.
21		(H) Prominently display current notice of quality
22		performance sanctions against Medicaid Managed Care
23		Entities. Notice of the sanctions shall remain present
24		on the online version of the consumer quality
25		comparison tool until the sanctions are lifted.
26		(4) The online version of the consumer quality

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1		comparison tool shall be displayed prominently on the
2		client enrollment services broker's website.
3		(5) In the development of the consumer quality
4		comparison tool, the Department shall establish and
5		publicize a formal process to collect and consider written
6		and oral feedback from consumers, advocates, and
7		stakeholders on aspects of the consumer quality comparison
8		tool, including, but not limited to, the following:
9		(A) The standardized data sets and surveys,
10		specific performance measures, and composite domains
11		represented in the consumer quality comparison tool.
12		(B) The format and presentation of the consumer
13		quality comparison tool.
14		(C) The methods undertaken by the Department to
15		notify Medicaid enrollees of the availability of the
16		consumer quality comparison tool.
17		(6) The Department shall review and update as
18		appropriate the composite domains and performance measures
19		represented in the print and online versions of the
20		consumer quality comparison tool at least once every 3
21		years. During the Department's review process, the
22		Department shall solicit engagement in the public feedback
23		process described in paragraph (5).
24		(7) The Department shall ensure that the consumer
25		quality comparison tool is available for consumer use as
26		soon as possible but no later than January 1, 2018.

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1		(h) The Department may adopt rules and take any other
2		appropriate action necessary to implement its responsibilities
3		under this Section.
4		(Source: P.A. 99-725, eff. 8-5-16.)
5		(305 ILCS 5/5-30.4)
6		Sec. 5-30.4 5-30.3. Provider inquiry portal. The
7		Department shall establish, no later than January 1, 2018, a
8		web-based portal to accept inquiries and requests for
9		assistance from managed care organizations under contract with
10		the State and providers under contract with managed care
11		organizations to provide direct care.
12		(Source: P.A. 99-719, eff. 1-1-17; revised 10-18-16.)
13		(305 ILCS 5/5-30.5)
14		Sec. 5-30.5 5-30.3. Managed care; automatic assignment.
15		The Department shall, within a reasonable period of time after
16		relevant data from managed care entities has been collected and
17		analyzed, but no earlier than January 1, 2017, seek input from
18		the managed care entities and other stakeholders and develop
19		and implement within each enrollment region an algorithm
20		preserving existing provider-beneficiary relationships that
21		takes into account quality scores and other operational
22		proficiency criteria developed, defined, and adopted by the
23		Department, to automatically assign Medicaid enrollees served
24		under the Family Health Plan and the Integrated Care Program

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1		and those Medicaid enrollees eligible for medical assistance
2		pursuant to the Patient Protection and Affordable Care Act
3		(Public Law 111-148) into managed care entities, including
4		Accountable Care Entities, Managed Care Community Networks,
5		and Managed Care Organizations. The quality metrics used shall
6		be measurable for all entities. The algorithm shall not use the
7		quality and proficiency metrics to reassign enrollees out of
8		any plan in which they are enrolled at the time and shall only
9		be used if the client has not voluntarily selected a primary
10		care physician and a managed care entity or care coordination
11		entity. Clients shall have one opportunity within 90 calendar
12		days after auto-assignment by algorithm to select a different
13		managed care entity. The algorithm developed and implemented
14		shall favor assignment into managed care entities with the
15		highest quality scores and levels of compliance with the
16		operational proficiency criteria established, taking into
17		consideration existing provider-beneficiary relationship as
18		defined by 42 CFR 438.50(f)(3) if one exists.
19		(Source: P.A. 99-898, eff. 1-1-17; revised 10-18-16.)
20		(305 ILCS 5/10-15.1)
21		Sec. 10-15.1. Judicial registration of administrative
22		support orders and administrative paternity orders.
23		(a) A final administrative support order or a final
24		administrative paternity order, excluding a voluntary
25		acknowledgement or denial of paternity that is governed by

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1		other provisions of this Code, the Illinois Parentage Act of
2		2015 1984, and the Vital Records Act, established by the
3		Illinois Department under this Article X may be registered in
4		the appropriate circuit court of this State by the Department
5		or by a party to the order by filing:
6		(1) Two copies, including one certified copy of the
7		order to be registered, any modification of the
8		administrative support order, any voluntary acknowledgment
9		of paternity pertaining to the child covered by the order,
10		and the documents showing service of the notice of support
11		obligation or the notice of paternity and support
12		obligation that commenced the procedure for establishment
13		of the administrative support order or the administrative
14		paternity order pursuant to Section 10-4 of this Code.
15		(2) A sworn statement by the person requesting
16		registration or a certified copy of the Department payment
17		record showing the amount of any past due support accrued
18		under the administrative support order.
19		(3) The name of the obligor and, if known, the
20		obligor's address and social security number.
21		(4) The name of the obligee and the obligee's address,
22		unless the obligee alleges in an affidavit or pleading
23		under oath that the health, safety, or liberty of the
24		obligee or child would be jeopardized by disclosure of
25		specific identifying information, in which case that
26		information must be sealed and may not be disclosed to the

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1		other party or public. After a hearing in which the court
2		takes into consideration the health, safety, or liberty of
3		the party or child, the court may order disclosure of
4		information that the court determines to be in the interest
5		of justice.
6		(b) The filing of an administrative support order or an
7		administrative paternity order under subsection (a)
8		constitutes registration with the circuit court.
9		(c) (Blank).
10		(c-5) Every notice of registration must be accompanied by a
11		copy of the registered administrative support order or the
12		registered administrative paternity order and the documents
13		and relevant information accompanying the order pursuant to
14		subsection (a).
15		(d) (Blank).
16		(d-5) The registering party shall serve notice of the
17		registration on the other party by first class mail, unless the
18		administrative support order or the administrative paternity
19		order was entered by default or the registering party is also
20		seeking an affirmative remedy. The registering party shall
21		serve notice on the Department in all cases by first class
22		mail.
23		(1) If the administrative support order or the
24		administrative paternity order was entered by default
25		against the obligor, the obligor must be served with the
26		registration by any method provided by law for service of

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1		summons.
2		(2) If a petition or comparable pleading seeking an
3		affirmative remedy is filed with the registration, the
4		non-moving party must be served with the registration and
5		the affirmative pleading by any method provided by law for
6		service of summons.
7		(e) A notice of registration of an administrative support
8		order or an administrative paternity order must provide the
9		following information:
10		(1) That a registered administrative order is
11		enforceable in the same manner as an order for support or
12		an order for paternity issued by the circuit court.
13		(2) That a hearing to contest enforcement of the
14		registered administrative support order or the registered
15		administrative paternity order must be requested within 30
16		days after the date of service of the notice.
17		(3) That failure to contest, in a timely manner, the
18		enforcement of the registered administrative support order
19		or the registered administrative paternity order shall
20		result in confirmation of the order and enforcement of the
21		order and the alleged arrearages and precludes further
22		contest of that order with respect to any matter that could
23		have been asserted.
24		(4) The amount of any alleged arrearages.
25		(f) A nonregistering party seeking to contest enforcement
26		of a registered administrative support order or a registered

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1		administrative paternity order shall request a hearing within
2		30 days after the date of service of notice of the
3		registration. The nonregistering party may seek to vacate the
4		registration, to assert any defense to an allegation of
5		noncompliance with the registered administrative support order
6		or the registered administrative paternity order, or to contest
7		the remedies being sought or the amount of any alleged
8		arrearages.
9		(g) If the nonregistering party fails to contest the
10		enforcement of the registered administrative support order or
11		the registered administrative paternity order in a timely
12		manner, the order shall be confirmed by operation of law.
13		(h) If a nonregistering party requests a hearing to contest
14		the enforcement of the registered administrative support order
15		or the registered administrative paternity order, the circuit
16		court shall schedule the matter for hearing and give notice to
17		the parties and the Illinois Department of the date, time, and
18		place of the hearing.
19		(i) A party contesting the enforcement of a registered
20		administrative support order or a registered administrative
21		paternity order or seeking to vacate the registration has the
22		burden of proving one or more of the following defenses:
23		(1) The Illinois Department lacked personal
24		jurisdiction over the contesting party.
25		(2) The administrative support order or the
26		administrative paternity order was obtained by fraud.

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1		(3) The administrative support order or the
2		administrative paternity order has been vacated,
3		suspended, or modified by a later order.
4		(4) The Illinois Department has stayed the
5		administrative support order or the administrative
6		paternity order pending appeal.
7		(5) There is a defense under the law to the remedy
8		sought.
9		(6) Full or partial payment has been made.
10		(j) If a party presents evidence establishing a full or
11		partial payment defense under subsection (i), the court may
12		stay enforcement of the registered order, continue the
13		proceeding to permit production of additional relevant
14		evidence, and issue other appropriate orders. An uncontested
15		portion of the registered administrative support order or the
16		registered administrative paternity order may be enforced by
17		all remedies available under State law.
18		(k) If a contesting party does not establish a defense
19		under subsection (i) to the enforcement of the administrative
20		support order or the administrative paternity order, the court
21		shall issue an order confirming the administrative support
22		order or the administrative paternity order. Confirmation of
23		the registered administrative support order or the registered
24		administrative paternity order, whether by operation of law or
25		after notice and hearing, precludes further contest of the
26		order with respect to any matter that could have been asserted

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1		at the time of registration. Upon confirmation, the registered
2		administrative support order or the registered administrative
3		paternity order shall be treated in the same manner as a
4		support order or a paternity order entered by the circuit
5		court, including the ability of the court to entertain a
6		petition to modify the administrative support order due to a
7		substantial change in circumstances or a petition to modify the
8		administrative paternity order due to clear and convincing
9		evidence regarding paternity, or petitions for visitation or
10		custody of the child or children covered by the administrative
11		support order or the administrative paternity order. Nothing in
12		this Section shall be construed to alter the effect of a final
13		administrative support order or a final administrative
14		paternity order, or the restriction of judicial review of such
15		a final order to the provisions of the Administrative Review
16		Law, as provided in Sections 10-11 and 10-17.7 of this Code.
17		(l) Notwithstanding the limitations of relief provided for
18		under this Section regarding an administrative paternity order
19		and the administrative relief available from an administrative
20		paternity order under Sections 10-12 through 10-14.1 of this
21		Code, a party may petition for relief from a registered final
22		administrative paternity order entered by consent of the
23		parties, excluding a voluntary acknowledgement or denial of
24		paternity as well as an administrative paternity order entered
25		pursuant to genetic testing. The petition shall be filed
26		pursuant to Section 2-1401 of the Code of Civil Procedure based

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1		upon a showing of due diligence and a meritorious defense. The
2		court, after reviewing the evidence regarding this specific
3		type of administrative paternity order entered by consent of
4		the parties, shall issue an order regarding the petition.
5		Nothing in this Section shall be construed to alter the effect
6		of a final administrative paternity order, or the restriction
7		of judicial review of such a final order to the provisions of
8		the Administrative Review Law, as provided in Section 10-17.7
9		of this Code.
10		(Source: P.A. 98-563, eff. 8-27-13; 99-471, eff. 8-27-15;
11		revised 10-26-16.)
12		(305 ILCS 5/10-17.3) (from Ch. 23, par. 10-17.3)
13		Sec. 10-17.3. Federal Income Tax Refund Intercept. The
14		Illinois Department may provide by rule for certification to
15		the United States Department of Health and Human Services of
16		past due support owed by responsible relatives under a support
17		order entered by a court or administrative body of this or any
18		other State on behalf of resident or non-resident persons. The
19		purpose of certification shall be to intercept Federal Income
20		Tax refunds due such relatives in order to satisfy such past
21		due support in whole or in part.
22		The rule shall provide for notice to and an opportunity to
23		be heard by the responsible relative affected and any final
24		administrative decision rendered by the Department shall be
25		reviewed only under and in accordance with the Administrative

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1		Review Law. Certification shall be accomplished in accordance
2		with Title IV, Part D of the federal Social Security Act and
3		rules and regulations promulgated thereunder.
4		(Source: P.A. 84-758; revised 9-13-16.)
5		(305 ILCS 5/10-17.14)
6		Sec. 10-17.14. Denial of passports. The Illinois
7		Department may provide by rule for certification to the United
8		States Department of Health and Human Services of past due
9		support owed by responsible relatives under a support order
10		entered by a court or administrative body of this or any other
11		State on behalf of resident or non-resident persons. The
12		purpose of certification shall be to effect denial, revocation,
13		restriction, or limitation of passports of responsible
14		relatives owing past due support.
15		The rule shall provide for notice to and an opportunity to
16		be heard by the responsible relative affected and any final
17		administrative decision rendered by the Department shall be
18		reviewed only under and in accordance with the Administrative
19		Review Law. Certification shall be accomplished in accordance
20		with Title IV, Part D of the federal Social Security Act and
21		rules and regulations promulgated thereunder.
22		(Source: P.A. 97-186, eff. 7-22-11; revised 9-13-16.)
23		(305 ILCS 5/10-24.50)
24		Sec. 10-24.50. Financial institution's freedom from

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1		liability. A financial institution that provides information
2		under Sections 10-24 through 10-24.50 shall not be liable to
3		any account holder, owner, or other person in any civil,
4		criminal, or administrative action for any of the following:
5		(1) Disclosing the required information to the
6		Illinois Department, any other provisions of the law
7		notwithstanding not withstanding.
8		(2) Holding, encumbering, or surrendering any of an
9		individual's accounts as defined in Section 10-24 in
10		response to a lien or order to withhold and deliver issued
11		by:
12		(A) the Illinois Department under Sections 10-25
13		and 10-25.5; or
14		(B) a person or entity acting on behalf of the
15		Illinois Department.
16		(3) Any other action taken or omission made in good
17		faith to comply with Sections 10-24 through 10-24.50,
18		including individual or mechanical errors, provided that
19		the action or omission does not constitute gross negligence
20		or willful misconduct.
21		(Source: P.A. 95-331, eff. 8-21-07; revised 9-13-16.)
22		(305 ILCS 5/11-9) (from Ch. 23, par. 11-9)
23		Sec. 11-9. Protection of records; exceptions records -
24		Exceptions. For the protection of applicants and recipients,
25		the Illinois Department, the county departments and local

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1		governmental units and their respective officers and employees
2		are prohibited, except as hereinafter provided, from
3		disclosing the contents of any records, files, papers and
4		communications, except for purposes directly connected with
5		the administration of public aid under this Code.
6		In any judicial proceeding, except a proceeding directly
7		concerned with the administration of programs provided for in
8		this Code, such records, files, papers and communications, and
9		their contents shall be deemed privileged communications and
10		shall be disclosed only upon the order of the court, where the
11		court finds such to be necessary in the interest of justice.
12		The Illinois Department shall establish and enforce
13		reasonable rules and regulations governing the custody, use and
14		preservation of the records, papers, files, and communications
15		of the Illinois Department, the county departments and local
16		governmental units receiving State or Federal funds or aid. The
17		governing body of other local governmental units shall in like
18		manner establish and enforce rules and regulations governing
19		the same matters.
20		The contents of case files pertaining to recipients under
21		Articles IV, V, and VI shall be made available without subpoena
22		or formal notice to the officers of any court, to all law
23		enforcement enforcing agencies, and to such other persons or
24		agencies as from time to time may be authorized by any court.
25		In particular, the contents of those case files shall be made
26		available upon request to a law enforcement agency for the

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1		purpose of determining the current address of a recipient with
2		respect to whom an arrest warrant is outstanding, and the
3		current address of a recipient who was a victim of a felony or
4		a witness to a felony shall be made available upon request to a
5		State's Attorney of this State or a State's Attorney's
6		investigator. Information shall also be disclosed to the
7		Illinois State Scholarship Commission pursuant to an
8		investigation or audit by the Illinois State Scholarship
9		Commission of a delinquent student loan or monetary award.
10		This Section does not prevent the Illinois Department and
11		local governmental units from reporting to appropriate law
12		enforcement officials the desertion or abandonment by a parent
13		of a child, as a result of which financial aid has been
14		necessitated under Articles IV, V, or VI, or reporting to
15		appropriate law enforcement officials instances in which a
16		mother under age 18 has a child out of wedlock and is an
17		applicant for or recipient of aid under any Article of this
18		Code. The Illinois Department may provide by rule for the
19		county departments and local governmental units to initiate
20		proceedings under the Juvenile Court Act of 1987 to have
21		children declared to be neglected when they deem such action
22		necessary to protect the children from immoral influences
23		present in their home or surroundings.
24		This Section does not preclude the full exercise of the
25		powers of the Board of Public Aid Commissioners to inspect
26		records and documents, as provided for all advisory boards

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1		pursuant to Section 5-505 of the Departments of State
2		Government Law (20 ILCS 5/5-505).
3		This Section does not preclude exchanges of information
4		among the Department of Healthcare and Family Services
5		(formerly Illinois Department of Public Aid), the Department of
6		Human Services (as successor to the Department of Public Aid),
7		and the Illinois Department of Revenue for the purpose of
8		verifying sources and amounts of income and for other purposes
9		directly connected with the administration of this Code and of
10		the Illinois Income Tax Act.
11		The provisions of this Section and of Section 11-11 as they
12		apply to applicants and recipients of public aid under Article
13		V shall be operative only to the extent that they do not
14		conflict with any Federal law or regulation governing Federal
15		grants to this State for such programs.
16		The Department of Healthcare and Family Services and the
17		Department of Human Services (as successor to the Illinois
18		Department of Public Aid) shall enter into an inter-agency
19		agreement with the Department of Children and Family Services
20		to establish a procedure by which employees of the Department
21		of Children and Family Services may have immediate access to
22		records, files, papers, and communications (except medical,
23		alcohol or drug assessment or treatment, mental health, or any
24		other medical records) of the Illinois Department, county
25		departments, and local governmental units receiving State or
26		federal funds or aid, if the Department of Children and Family

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1		Services determines the information is necessary to perform its
2		duties under the Abused and Neglected Child Reporting Act, the
3		Child Care Act of 1969, and the Children and Family Services
4		Act.
5		(Source: P.A. 95-331, eff. 8-21-07; revised 9-13-16.)
6		(305 ILCS 5/12-4.42)
7		Sec. 12-4.42. Medicaid Revenue Maximization.
8		(a) Purpose. The General Assembly finds that there is a
9		need to make changes to the administration of services provided
10		by State and local governments in order to maximize federal
11		financial participation.
12		(b) Definitions. As used in this Section:
13		"Community Medicaid mental health services" means all
14		mental health services outlined in Part Section 132 of Title 59
15		of the Illinois Administrative Code that are funded through
16		DHS, eligible for federal financial participation, and
17		provided by a community-based provider.
18		"Community-based provider" means an entity enrolled as a
19		provider pursuant to Sections 140.11 and 140.12 of Title 89 of
20		the Illinois Administrative Code and certified to provide
21		community Medicaid mental health services in accordance with
22		Part Section 132 of Title 59 of the Illinois Administrative
23		Code.
24		"DCFS" means the Department of Children and Family
25		Services.

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1		"Department" means the Illinois Department of Healthcare
2		and Family Services.
3		"Care facility for persons with a developmental
4		disability" means an intermediate care facility for persons
5		with an intellectual disability within the meaning of Title XIX
6		of the Social Security Act, whether public or private and
7		whether organized for profit or not-for-profit, but shall not
8		include any facility operated by the State.
9		"Care provider for persons with a developmental
10		disability" means a person conducting, operating, or
11		maintaining a care facility for persons with a developmental
12		disability. For purposes of this definition, "person" means any
13		political subdivision of the State, municipal corporation,
14		individual, firm, partnership, corporation, company, limited
15		liability company, association, joint stock association, or
16		trust, or a receiver, executor, trustee, guardian, or other
17		representative appointed by order of any court.
18		"DHS" means the Illinois Department of Human Services.
19		"Hospital" means an institution, place, building, or
20		agency located in this State that is licensed as a general
21		acute hospital by the Illinois Department of Public Health
22		under the Hospital Licensing Act, whether public or private and
23		whether organized for profit or not-for-profit.
24		"Long term care facility" means (i) a skilled nursing or
25		intermediate long term care facility, whether public or private
26		and whether organized for profit or not-for-profit, that is

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1		subject to licensure by the Illinois Department of Public
2		Health under the Nursing Home Care Act, including a county
3		nursing home directed and maintained under Section 5-1005 of
4		the Counties Code, and (ii) a part of a hospital in which
5		skilled or intermediate long term care services within the
6		meaning of Title XVIII or XIX of the Social Security Act are
7		provided; except that the term "long term care facility" does
8		not include a facility operated solely as an intermediate care
9		facility for the intellectually disabled within the meaning of
10		Title XIX of the Social Security Act.
11		"Long term care provider" means (i) a person licensed by
12		the Department of Public Health to operate and maintain a
13		skilled nursing or intermediate long term care facility or (ii)
14		a hospital provider that provides skilled or intermediate long
15		term care services within the meaning of Title XVIII or XIX of
16		the Social Security Act. For purposes of this definition,
17		"person" means any political subdivision of the State,
18		municipal corporation, individual, firm, partnership,
19		corporation, company, limited liability company, association,
20		joint stock association, or trust, or a receiver, executor,
21		trustee, guardian, or other representative appointed by order
22		of any court.
23		"State-operated facility for persons with a developmental
24		disability" means an intermediate care facility for persons
25		with an intellectual disability within the meaning of Title XIX
26		of the Social Security Act operated by the State.

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1		(c) Administration and deposit of Revenues. The Department
2		shall coordinate the implementation of changes required by
3		Public Act 96-1405 this amendatory Act of the 96th General
4		Assembly amongst the various State and local government bodies
5		that administer programs referred to in this Section.
6		Revenues generated by program changes mandated by any
7		provision in this Section, less reasonable administrative
8		costs associated with the implementation of these program
9		changes, which would otherwise be deposited into the General
10		Revenue Fund shall be deposited into the Healthcare Provider
11		Relief Fund.
12		The Department shall issue a report to the General Assembly
13		detailing the implementation progress of Public Act 96-1405
14		this amendatory Act of the 96th General Assembly as a part of
15		the Department's Medical Programs annual report for fiscal
16		years 2010 and 2011.
17		(d) Acceleration of payment vouchers. To the extent
18		practicable and permissible under federal law, the Department
19		shall create all vouchers for long term care facilities and
20		facilities for persons with a developmental disability for
21		dates of service in the month in which the enhanced federal
22		medical assistance percentage (FMAP) originally set forth in
23		the American Recovery and Reinvestment Act (ARRA) expires and
24		for dates of service in the month prior to that month and
25		shall, no later than the 15th of the month in which the
26		enhanced FMAP expires, submit these vouchers to the Comptroller

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1		for payment.
2		The Department of Human Services shall create the necessary
3		documentation for State-operated facilities for persons with a
4		developmental disability so that the necessary data for all
5		dates of service before the expiration of the enhanced FMAP
6		originally set forth in the ARRA can be adjudicated by the
7		Department no later than the 15th of the month in which the
8		enhanced FMAP expires.
9		(e) Billing of DHS community Medicaid mental health
10		services. No later than July 1, 2011, community Medicaid mental
11		health services provided by a community-based provider must be
12		billed directly to the Department.
13		(f) DCFS Medicaid services. The Department shall work with
14		DCFS to identify existing programs, pending qualifying
15		services, that can be converted in an economically feasible
16		manner to Medicaid in order to secure federal financial
17		revenue.
18		(g) Third Party Liability recoveries. The Department shall
19		contract with a vendor to support the Department in
20		coordinating benefits for Medicaid enrollees. The scope of work
21		shall include, at a minimum, the identification of other
22		insurance for Medicaid enrollees and the recovery of funds paid
23		by the Department when another payer was liable. The vendor may
24		be paid a percentage of actual cash recovered when practical
25		and subject to federal law.
26		(h) Public health departments. The Department shall

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1		identify unreimbursed costs for persons covered by Medicaid who
2		are served by the Chicago Department of Public Health.
3		The Department shall assist the Chicago Department of
4		Public Health in determining total unreimbursed costs
5		associated with the provision of healthcare services to
6		Medicaid enrollees.
7		The Department shall determine and draw the maximum
8		allowable federal matching dollars associated with the cost of
9		Chicago Department of Public Health services provided to
10		Medicaid enrollees.
11		(i) Acceleration of hospital-based payments. The
12		Department shall, by the 10th day of the month in which the
13		enhanced FMAP originally set forth in the ARRA expires, create
14		vouchers for all State fiscal year 2011 hospital payments
15		exempt from the prompt payment requirements of the ARRA. The
16		Department shall submit these vouchers to the Comptroller for
17		payment.
18		(Source: P.A. 99-143, eff. 7-27-15; revised 9-15-16.)
19		(305 ILCS 5/16-2)
20		Sec. 16-2. Eligibility. A foreign-born victim of
21		trafficking, torture, or other serious crimes and his or her
22		derivative family members are eligible for cash assistance or
23		SNAP benefits under this Article if:
24		(a) he or she:
25		(1) has filed or is preparing to file an

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1		application for T Nonimmigrant status with the
2		appropriate federal agency pursuant to Section
3		1101(a)(15)(T) of Title 8 of the United States Code, or
4		is otherwise taking steps to meet the conditions for
5		federal benefits eligibility under Section 7105 of
6		Title 22 of the United States Code;
7		(2) has filed or is preparing to file a formal
8		application with the appropriate federal agency for
9		status pursuant to Section 1101(a)(15)(U) of Title 8 of
10		the United States Code; or
11		(3) has filed or is preparing to file a formal
12		application with the appropriate federal agency for
13		status under Section 1158 of Title 8 of the United
14		States Code; and
15		(b) he or she is otherwise eligible for cash assistance or
16		SNAP benefits, as applicable.
17		(Source: P.A. 99-870, eff. 8-22-16; revised 10-26-16.)
18		(305 ILCS 5/16-5)
19		Sec. 16-5. Termination of benefits.
20		(a) Any cash assistance or SNAP benefits provided under
21		this Article to a person who is a foreign-born victim of
22		trafficking, torture, or other serious crimes and his or her
23		derivative family members shall be terminated if there is a
24		final denial of that person's visa or asylum application under
25		Section Sections 1101(a)(15)(T), 1101(a)(15)(U), or 1158 of

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1		Title 8 of the United States Code.
2		(b) A person who is a foreign-born victim of trafficking,
3		torture, or other serious crimes and his or her derivative
4		family members shall be ineligible for continued State-funded
5		cash assistance or SNAP benefits provided under this Article if
6		that person has not filed a formal application for status
7		pursuant to Section Sections 1101(a)(15)(T), 1101(a)(15)(U),
8		or 1158 of Title 8 of the United States Code within one year
9		after the date of his or her application for cash assistance or
10		SNAP benefits provided under this Article. The Department of
11		Human Services may extend the person's and his or her
12		derivative family members' eligibility for medical assistance,
13		cash assistance, or SNAP benefits beyond one year if the
14		Department determines that the person, during the year of
15		initial eligibility (i) experienced a health crisis, (ii) has
16		been unable, after reasonable attempts, to obtain necessary
17		information from a third party, or (iii) has other extenuating
18		circumstances that prevented the person from completing his or
19		her application for status.
20		(Source: P.A. 99-870, eff. 8-22-16; revised 10-26-16.)
21		Section 580. The Senior Citizens and Persons with
22		Disabilities Property Tax Relief Act is amended by changing
23		Section 8a as follows:
24		(320 ILCS 25/8a) (from Ch. 67 1/2, par. 408.1)

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1		Sec. 8a. Confidentiality.
2		(a) Except as otherwise provided in this Act, all
3		information received by the Department of Revenue or its
4		successors, the Department on Aging and the Department of
5		Healthcare and Family Services, from claims filed under this
6		Act, or from any investigation conducted under the provisions
7		of this Act, shall be confidential, except for official
8		purposes within those Departments or pursuant to official
9		procedures for collection of any State tax or enforcement of
10		any civil or criminal penalty or sanction imposed by this Act
11		or by any statute imposing a State tax, and any person who
12		divulges any such information in any manner, except for such
13		purposes and pursuant to order of the Director of one of those
14		Departments or in accordance with a proper judicial order,
15		shall be guilty of a Class A misdemeanor.
16		(b) Nothing contained in this Act shall prevent the
17		Director of Aging from publishing or making available
18		reasonable statistics concerning the operation of the grant
19		programs contained in this Act wherein the contents of claims
20		are grouped into aggregates in such a way that information
21		contained in any individual claim shall not be disclosed.
22		(c) The Department on Aging shall furnish to the Secretary
23		of State such information as is reasonably necessary for the
24		administration of reduced vehicle registration fees pursuant
25		to Section 3-806.3 of the "The Illinois Vehicle Code".
26		(d) The Director of the Department on Aging shall make

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1		information available to the State Board of Elections as may be
2		required by an agreement the State Board of Elections has
3		entered into with a multi-state voter registration list
4		maintenance system.
5		(Source: P.A. 98-1171, eff. 6-1-15; revised 10-26-16.)
6		Section 585. The Housing for Veterans with Disabilities Act
7		is amended by changing Sections 1, 2.1, and 3 as follows:
8		(330 ILCS 65/1) (from Ch. 126 1/2, par. 58)
9		Sec. 1. Any veteran of the military or naval service of the
10		United States who was a resident of this State at the time he
11		entered such service and who has been approved by the
12		Administrator of Veterans Veterans' Affairs for assistance
13		under Chapter 21 of Title 38, United States Code, as now or
14		hereafter amended, shall be entitled to receive assistance
15		under this Act for the purpose of acquiring within this State
16		or without this State, where due to service-connected
17		disabilities and upon the advice or recommendation of a duly
18		recognized physician of the Veterans Administration in order to
19		protect the health of the veteran, such veteran cannot reside
20		in this State, a suitable dwelling unit with special fixtures
21		or movable facilities made necessary by the veteran's permanent
22		and total service-connected disability.
23		(Source: Laws 1965, p. 650; revised 9-13-16.)

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1		(330 ILCS 65/2.1) (from Ch. 126 1/2, par. 59.1)
2		Sec. 2.1. (a) The Illinois Department of Veterans' Affairs
3		shall provide assistance to a veteran who is eligible for and
4		has been approved by the Administrator of Veterans Veterans'
5		Affairs for the grant authorized under Section 801(b) of Title
6		38 of The United States Code for remodeling a dwelling, which
7		is not adapted to the requirements of the veteran's disability,
8		and which was acquired by him prior to his application for
9		federal assistance.
10		(b) The amount of State assistance provided to a veteran
11		under subsection (a) of this Section shall be equal to the
12		lesser of (1) the difference between the total cost of
13		remodeling and the amount of assistance provided by the federal
14		government under Title 38, Section 801(b) of the United States
15		Code or (2) $3,000. However, if the amount of the federal
16		assistance is at least equal to the total cost of remodeling
17		the dwelling, then no State assistance shall be granted under
18		this Section.
19		(c) A veteran eligible for assistance under subsection (a)
20		of this Section shall not by reason of such eligibility be
21		denied benefits for which such veteran becomes eligible under
22		Section 2 of this Act.
23		(Source: P.A. 91-216, eff. 1-1-00; revised 9-13-16.)
24		(330 ILCS 65/3) (from Ch. 126 1/2, par. 60)
25		Sec. 3. Application for assistance under this Act shall be

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1		made by the veteran to the Illinois Department of Veterans'
2		Affairs and shall be accompanied by satisfactory evidence that
3		the veteran has been approved by the Administrator of Veterans
4		Veterans' Affairs for assistance in acquiring a suitable
5		dwelling unit or in remodeling a dwelling not adapted to the
6		requirements of his disability. The application shall contain
7		such information as will enable the Illinois Department of
8		Veterans' Affairs to determine the amount of assistance to
9		which the veteran is entitled. The Illinois Department of
10		Veterans' Affairs shall adopt general rules for determining the
11		question of whether an applicant was a resident of this State
12		at the time he entered the service, and shall prescribe by rule
13		the nature of the proof to be submitted to establish the fact
14		of residence. The Illinois Department of Veterans' Affairs
15		shall adopt guidelines for determining types of remodeling and
16		adaptations which are reasonably necessary because of a
17		veteran's disability, for a veteran eligible for assistance
18		under Section 2.1 of this Act.
19		(Source: P.A. 82-894; revised 9-13-16.)
20		Section 590. The Coal Mine Medical Emergencies Act is
21		amended by changing Section 2 as follows:
22		(410 ILCS 15/2) (from Ch. 96 1/2, par. 3952)
23		Sec. 2. As used in this Act, unless the context clearly
24		otherwise requires:

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1		(a) "Emergency medical technician" means a person who has
2		successfully completed the course on emergency first-aid care
3		and transportation of the sick and injured recommended by the
4		American Academy of Orthopedic Surgeons, or the equivalent
5		thereof, and has been licensed by the Department of Public
6		Health to provide emergency care.
7		(b) "Mine" means any surface coal mine or underground coal
8		mine, as defined in Section 1.03 of the "The Coal Mining Act of
9		1953".
10		(Source: P.A. 98-973, eff. 8-15-14; revised 10-5-16.)
11		Section 595. The Sexual Assault Survivors Emergency
12		Treatment Act is amended by changing Section 6.6 as follows:
13		(410 ILCS 70/6.6)
14		Sec. 6.6. Submission of sexual assault evidence.
15		(a) As soon as practicable, but in no event more than 4
16		hours after the completion of hospital emergency services and
17		forensic services, the hospital shall make reasonable efforts
18		to determine the law enforcement agency having jurisdiction
19		where the sexual assault occurred. The hospital may obtain the
20		name of the law enforcement agency with jurisdiction from the
21		local law enforcement agency.
22		(b) Within 4 hours after the completion of hospital
23		emergency services and forensic services, the hospital shall
24		notify the law enforcement agency having jurisdiction that the

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1		hospital is in possession of sexual assault evidence and the
2		date and time the collection of evidence was completed. The
3		hospital shall document the notification in the patient's
4		medical records and shall include the agency notified, the date
5		and time of the notification and the name of the person who
6		received the notification. This notification to the law
7		enforcement agency having jurisdiction satisfies the
8		hospital's requirement to contact its local law enforcement
9		agency under Section 3.2 of the Criminal Identification Act.
10		(c) If the law enforcement agency having jurisdiction has
11		not taken physical custody of sexual assault evidence within 5
12		days of the first contact by the hospital, the hospital shall
13		renotify re-notify the law enforcement agency having
14		jurisdiction that the hospital is in possession of sexual
15		assault evidence and the date the sexual assault evidence was
16		collected. The hospital shall document the renotification
17		re-notification in the patient's medical records and shall
18		include the agency notified, the date and time of the
19		notification and the name of the person who received the
20		notification.
21		(d) If the law enforcement agency having jurisdiction has
22		not taken physical custody of the sexual assault evidence
23		within 10 days of the first contact by the hospital and the
24		hospital has provided renotification under subsection (c) of
25		this Section, the hospital shall contact the State's Attorney
26		of the county where the law enforcement agency having

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1		jurisdiction is located. The hospital shall inform the State's
2		Attorney that the hospital is in possession of sexual assault
3		evidence, the date the sexual assault evidence was collected,
4		the law enforcement agency having jurisdiction, the dates,
5		times and names of persons notified under subsections (b) and
6		(c) of this Section. The notification shall be made within 14
7		days of the collection of the sexual assault evidence.
8		(Source: P.A. 99-801, eff. 1-1-17; revised 10-26-16.)
9		Section 600. The Compassionate Use of Medical Cannabis
10		Pilot Program Act is amended by changing Section 45 as follows:
11		(410 ILCS 130/45)
12		(Section scheduled to be repealed on July 1, 2020)
13		Sec. 45. Addition of debilitating medical conditions.
14		(a) Any resident may petition the Department of Public
15		Health to add debilitating conditions or treatments to the list
16		of debilitating medical conditions listed in subsection (h) of
17		Section 10. The Department shall approve or deny a petition
18		within 180 days of its submission, and, upon approval, shall
19		proceed to add that condition by rule in accordance with the
20		Illinois Administrative Procedure Act. The approval or denial
21		of any petition is a final decision of the Department, subject
22		to judicial review. Jurisdiction and venue are vested in the
23		Circuit Court.
24		(b) The Department shall accept petitions once annually for

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1		a one-month period determined by the Department. During the
2		open period, the Department shall accept petitions from any
3		resident requesting the addition of a new debilitating medical
4		condition or disease to the list of approved debilitating
5		medical conditions for which the use of cannabis has been shown
6		to have a therapeutic or palliative effect. The Department
7		shall provide public notice 30 days before the open period for
8		accepting petitions, which shall describe the time period for
9		submission, the required format of the submission, and the
10		submission address.
11		(c) Each petition shall be limited to one proposed
12		debilitating medical condition or disease.
13		(d) A petitioner shall file one original petition in the
14		format provided by the Department and in the manner specified
15		by the Department. For a petition to be processed and reviewed,
16		the following information shall be included:
17		(1) The petition, prepared on forms provided by the
18		Department, in the manner specified by the Department.
19		(2) A specific description of the medical condition or
20		disease that is the subject of the petition. Each petition
21		shall be limited to a single condition or disease.
22		Information about the proposed condition or disease shall
23		include:
24		(A) the extent to which the condition or disease
25		itself or the treatments cause severe suffering, such
26		as severe or chronic pain, severe nausea or vomiting,

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1		or otherwise severely impair a person's ability to
2		conduct activities of daily living;
3		(B) information about why conventional medical
4		therapies are not sufficient to alleviate the
5		suffering caused by the disease or condition and its
6		treatment;
7		(C) the proposed benefits from the medical use of
8		cannabis specific to the medical condition or disease;
9		(D) evidence from the medical community and other
10		experts supporting the use of medical cannabis to
11		alleviate suffering caused by the condition, disease,
12		or treatment;
13		(E) letters of support from physicians or other
14		licensed health care providers knowledgeable about the
15		condition or disease, including, if feasible, a letter
16		from a physician with whom the petitioner has a bona
17		fide physician-patient relationship;
18		(F) any additional medical, testimonial, or
19		scientific documentation; and
20		(G) an electronic copy of all materials submitted.
21		(3) Upon receipt of a petition, the Department shall:
22		(A) determine whether the petition meets the
23		standards for submission and, if so, shall accept the
24		petition for further review; or
25		(B) determine whether the petition does not meet
26		the standards for submission and, if so, shall deny the

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1		petition without further review.
2		(4) If the petition does not fulfill the standards for
3		submission, the petition shall be considered deficient.
4		The Department shall notify the petitioner, who may correct
5		any deficiencies and resubmit the petition during the next
6		open period.
7		(e) The petitioner may withdraw his or her petition by
8		submitting a written statement to the Department indicating
9		withdrawal.
10		(f) Upon review of accepted petitions, the Director shall
11		render a final decision regarding the acceptance or denial of
12		the proposed debilitating medical conditions or diseases.
13		(g) The Department shall convene a Medical Cannabis
14		Advisory Board (Advisory Board) composed of 16 members, which
15		shall include:
16		(1) one medical cannabis patient advocate or
17		designated caregiver;
18		(2) one parent or designated caregiver of a person
19		under the age of 18 who is a qualified medical cannabis
20		patient;
21		(3) two registered nurses or nurse practitioners;
22		(4) three registered qualifying patients, including
23		one veteran; and
24		(5) nine health care practitioners with current
25		professional licensure in their field. The Advisory Board
26		shall be composed of health care practitioners

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1		representing the following areas:
2		(A) neurology;
3		(B) pain management;
4		(C) medical oncology;
5		(D) psychiatry or mental health;
6		(E) infectious disease;
7		(F) family medicine;
8		(G) general primary care;
9		(H) medical ethics;
10		(I) pharmacy;
11		(J) pediatrics; or
12		(K) psychiatry or mental health for children or
13		adolescents.
14		At least one appointed health care practitioner shall have
15		direct experience related to the health care needs of veterans
16		and at least one individual shall have pediatric experience.
17		(h) Members of the Advisory Board shall be appointed by the
18		Governor.
19		(1) Members shall serve a term of 4 years or until a
20		successor is appointed and qualified. If a vacancy occurs,
21		the Governor shall appoint a replacement to complete the
22		original term created by the vacancy.
23		(2) The Governor shall select a chairperson.
24		(3) Members may serve multiple terms.
25		(4) Members shall not have an affiliation with, serve
26		on the board of, or have a business relationship with a

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1		registered cultivation center or a registered medical
2		cannabis dispensary.
3		(5) Members shall disclose any real or apparent
4		conflicts of interest that may have a direct bearing of the
5		subject matter, such as relationships with pharmaceutical
6		companies, biomedical device manufacturers, or
7		corporations whose products or services are related to the
8		medical condition or disease to be reviewed.
9		(6) Members shall not be paid but shall be reimbursed
10		for travel expenses incurred while fulfilling the
11		responsibilities of the Advisory Board.
12		(i) On June 30, 2016 (the effective date of Public Act
13		99-519) this amendatory Act of the 99th General Assembly, the
14		terms of office of the members of the Advisory Board serving on
15		that effective date shall terminate and the Board shall be
16		reconstituted.
17		(j) The Advisory Board shall convene at the call of the
18		Chair:
19		(1) to examine debilitating conditions or diseases
20		that would benefit from the medical use of cannabis; and
21		(2) to review new medical and scientific evidence
22		pertaining to currently approved conditions.
23		(k) The Advisory Board shall issue an annual report of its
24		activities each year.
25		(l) The Advisory Board shall receive administrative
26		support from the Department.

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1		(Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16;
2		99-642, eff. 7-28-16; revised 10-20-16.)
3		Section 605. The Illinois Egg and Egg Products Act is
4		amended by changing Section 15 as follows:
5		(410 ILCS 615/15) (from Ch. 56 1/2, par. 55-15)
6		Sec. 15. Samples; packing methods.
7		(a) The Department shall prescribe methods in conformity
8		with the United States Department of Agriculture
9		specifications for selecting samples of lots, cases or
10		containers of eggs or egg products which shall be reasonably
11		calculated to produce fair representations of the entire lots
12		or cases and containers sampled. Any sample taken shall be
13		prima facie evidence in any court in this State of the true
14		condition of the entire lot, case or container of eggs or egg
15		products in the examination of which the sample was taken.
16		It shall be unlawful for any handler or retailer to pack
17		eggs into consumer-size containers other than during the
18		original candling and grading operations unless the retailer
19		performs a lot consolidation.
20		(b) A retailer that wishes to consolidate eggs shall
21		implement and administer a training program for employees that
22		will perform the consolidation as part of their duties. The
23		program shall include, but not be limited to, the following:
24		(1) laws Laws governing egg lot consolidation:

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1		(A) same lot code;
2		(B) same source;
3		(C) same sell-by date;
4		(D) same grade;
5		(E) same size;
6		(F) same brand;
7		(2) temperature requirements;
8		(3) egg is a hazardous food (FDA Guidelines);
9		(4) sanitation;
10		(5) egg quality (USDA guidelines);
11		(6) original packaging requirements (replacement
12		cartons shall not be utilized); and
13		(7) record keeping requirements.
14		(c) Training shall be conducted annually and may be
15		conducted by any means available, including, but not limited
16		to, online, computer, classroom, live trainers, and remote
17		trainers.
18		(d) A copy of the training material must be made available
19		upon request from the Department. A copy of the training
20		material may be kept electronically.
21		(e) Eggs shall be consolidated in a manner consistent with
22		training materials required by subsection (b).
23		(f) Each store shall maintain a record of each egg carton
24		consolidated. The records shall be maintained by the store at
25		the physical location the eggs were consolidated at for a
26		period not less than one year past the last sell-by date on the

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1		cartons consolidated. The records must be available for
2		inspection upon request from the Department. The records may be
3		kept electronically.
4		Each lot consolidation shall be documented. The
5		information documented shall include, but not be limited to,
6		the following:
7		(1) date of consolidation;
8		(2) brand;
9		(3) egg size;
10		(4) distributor;
11		(5) USDA plant number;
12		(6) grade; and
13		(7) best-by (sell-by/use-by) date.
14		(g) An Illinois-based egg producer or Illinois-based egg
15		producer-dealer may prohibit its brands from being included in
16		an egg lot consolidation program. Any Illinois-based egg
17		producer or Illinois-based egg producer-dealer that chooses to
18		prohibit its brands from being included in an egg lot
19		consolidation program shall notify a retailer in writing before
20		entering into an agreement to distribute its eggs to the
21		retailer. Producers or producer-dealers with agreements
22		entered into prior to January 1, 2017 (the effective date of
23		Public Act 99-732) this Act shall have 90 days after January 1,
24		2017 (the effective date of Public Act 99-732) this Act to
25		notify retailers in writing of their choice to prohibit
26		consolidation of their egg brands.

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1		Upon notification from an Illinois-based producer or
2		Illinois-based producer dealer, a retailer shall not
3		consolidate those brands.
4		(Source: P.A. 99-732, eff. 1-1-17; revised 10-26-16.)
5		Section 610. The Environmental Protection Act is amended by
6		changing Sections 22.28 and 40 as follows:
7		(415 ILCS 5/22.28) (from Ch. 111 1/2, par. 1022.28)
8		Sec. 22.28. White goods.
9		(a) Beginning July 1, 1994, no person shall knowingly offer
10		for collection or collect white goods for the purpose of
11		disposal by landfilling unless the white good components have
12		been removed.
13		(b) Beginning July 1, 1994, no owner or operator of a
14		landfill shall accept any white goods for final disposal,
15		except that white goods may be accepted if:
16		(1) the landfill participates in the Industrial
17		Materials Exchange Service by communicating the
18		availability of white goods;
19		(2) prior to final disposal, any white good components
20		have been removed from the white goods; and
21		(3) if white good components are removed from the white
22		goods at the landfill, a site operating plan satisfying
23		this Act has been approved under the site operating permit
24		and the conditions of such operating plan are met.

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1		(c) For the purposes of this Section:
2		(1) "White goods" shall include all discarded
3		refrigerators, ranges, water heaters, freezers, air
4		conditioners, humidifiers and other similar domestic and
5		commercial large appliances.
6		(2) "White good components" shall include:
7		(i) any chlorofluorocarbon refrigerant gas;
8		(ii) any electrical switch containing mercury;
9		(iii) any device that contains or may contain PCBs
10		in a closed system, such as a dielectric fluid for a
11		capacitor, ballast or other component; and
12		(iv) any fluorescent lamp that contains mercury.
13		(d) The Agency is authorized to provide financial
14		assistance to units of local government from the Solid Waste
15		Management Fund to plan for and implement programs to collect,
16		transport and manage white goods. Units of local government may
17		apply jointly for financial assistance under this Section.
18		Applications for such financial assistance shall be
19		submitted to the Agency and must provide a description of:
20		(A) the area to be served by the program;
21		(B) the white goods intended to be included in the
22		program;
23		(C) the methods intended to be used for collecting
24		and receiving materials;
25		(D) the property, buildings, equipment and
26		personnel included in the program;

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1		(E) the public education systems to be used as part
2		of the program;
3		(F) the safety and security systems that will be
4		used;
5		(G) the intended processing methods for each white
6		goods type;
7		(H) the intended destination for final material
8		handling location; and
9		(I) any staging sites used to handle collected
10		materials, the activities to be performed at such sites
11		and the procedures for assuring removal of collected
12		materials from such sites.
13		The application may be amended to reflect changes in
14		operating procedures, destinations for collected materials, or
15		other factors.
16		Financial assistance shall be awarded for a State fiscal
17		year, and may be renewed, upon application, if the Agency
18		approves the operation of the program.
19		(e) All materials collected or received under a program
20		operated with financial assistance under this Section shall be
21		recycled whenever possible. Treatment or disposal of collected
22		materials are not eligible for financial assistance unless the
23		applicant shows and the Agency approves which materials may be
24		treated or disposed of under various conditions.
25		Any revenue from the sale of materials collected under such
26		a program shall be retained by the unit of local government and

HB3855 Engrossed - 1126 - LRB100 05985 AMC 16014 b
1		may be used only for the same purposes as the financial
2		assistance under this Section.
3		(f) The Agency is authorized to adopt rules necessary or
4		appropriate to the administration of this Section.
5		(g) (Blank).
6		(Source: P.A. 91-798, eff. 7-9-00; revised 10-6-16.)
7		(415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
8		Sec. 40. Appeal of permit denial.
9		(a)(1) If the Agency refuses to grant or grants with
10		conditions a permit under Section 39 of this Act, the applicant
11		may, within 35 days after the date on which the Agency served
12		its decision on the applicant, petition for a hearing before
13		the Board to contest the decision of the Agency. However, the
14		35-day period for petitioning for a hearing may be extended for
15		an additional period of time not to exceed 90 days by written
16		notice provided to the Board from the applicant and the Agency
17		within the initial appeal period. The Board shall give 21 days'
18		day notice to any person in the county where is located the
19		facility in issue who has requested notice of enforcement
20		proceedings and to each member of the General Assembly in whose
21		legislative district that installation or property is located;
22		and shall publish that 21-day 21 day notice in a newspaper of
23		general circulation in that county. The Agency shall appear as
24		respondent in such hearing. At such hearing the rules
25		prescribed in Section 32 and subsection (a) of Section 33 of

HB3855 Engrossed - 1127 - LRB100 05985 AMC 16014 b
1		this Act shall apply, and the burden of proof shall be on the
2		petitioner. If, however, the Agency issues an NPDES permit that
3		imposes limits which are based upon a criterion or denies a
4		permit based upon application of a criterion, then the Agency
5		shall have the burden of going forward with the basis for the
6		derivation of those limits or criterion which were derived
7		under the Board's rules.
8		(2) Except as provided in paragraph (a)(3), if there is no
9		final action by the Board within 120 days after the date on
10		which it received the petition, the petitioner may deem the
11		permit issued under this Act, provided, however, that that
12		period of 120 days shall not run for any period of time, not to
13		exceed 30 days, during which the Board is without sufficient
14		membership to constitute the quorum required by subsection (a)
15		of Section 5 of this Act, and provided further that such 120
16		day period shall not be stayed for lack of quorum beyond 30
17		days regardless of whether the lack of quorum exists at the
18		beginning of such 120-day 120 day period or occurs during the
19		running of such 120-day 120 day period.
20		(3) Paragraph (a)(2) shall not apply to any permit which is
21		subject to subsection (b), (d) or (e) of Section 39. If there
22		is no final action by the Board within 120 days after the date
23		on which it received the petition, the petitioner shall be
24		entitled to an Appellate Court order pursuant to subsection (d)
25		of Section 41 of this Act.
26		(b) If the Agency grants a RCRA permit for a hazardous

HB3855 Engrossed - 1128 - LRB100 05985 AMC 16014 b
1		waste disposal site, a third party, other than the permit
2		applicant or Agency, may, within 35 days after the date on
3		which the Agency issued its decision, petition the Board for a
4		hearing to contest the issuance of the permit. Unless the Board
5		determines that such petition is duplicative or frivolous, or
6		that the petitioner is so located as to not be affected by the
7		permitted facility, the Board shall hear the petition in
8		accordance with the terms of subsection (a) of this Section and
9		its procedural rules governing denial appeals, such hearing to
10		be based exclusively on the record before the Agency. The
11		burden of proof shall be on the petitioner. The Agency and the
12		permit applicant shall be named co-respondents.
13		The provisions of this subsection do not apply to the
14		granting of permits issued for the disposal or utilization of
15		sludge from publicly-owned sewage works.
16		(c) Any party to an Agency proceeding conducted pursuant to
17		Section 39.3 of this Act may petition as of right to the Board
18		for review of the Agency's decision within 35 days from the
19		date of issuance of the Agency's decision, provided that such
20		appeal is not duplicative or frivolous. However, the 35-day
21		period for petitioning for a hearing may be extended by the
22		applicant for a period of time not to exceed 90 days by written
23		notice provided to the Board from the applicant and the Agency
24		within the initial appeal period. If another person with
25		standing to appeal wishes to obtain an extension, there must be
26		a written notice provided to the Board by that person, the

HB3855 Engrossed - 1129 - LRB100 05985 AMC 16014 b
1		Agency, and the applicant, within the initial appeal period.
2		The decision of the Board shall be based exclusively on the
3		record compiled in the Agency proceeding. In other respects the
4		Board's review shall be conducted in accordance with subsection
5		(a) of this Section and the Board's procedural rules governing
6		permit denial appeals.
7		(d) In reviewing the denial or any condition of a NA NSR
8		permit issued by the Agency pursuant to rules and regulations
9		adopted under subsection (c) of Section 9.1 of this Act, the
10		decision of the Board shall be based exclusively on the record
11		before the Agency including the record of the hearing, if any,
12		unless the parties agree to supplement the record. The Board
13		shall, if it finds the Agency is in error, make a final
14		determination as to the substantive limitations of the permit
15		including a final determination of Lowest Achievable Emission
16		Rate.
17		(e)(1) If the Agency grants or denies a permit under
18		subsection (b) of Section 39 of this Act, a third party, other
19		than the permit applicant or Agency, may petition the Board
20		within 35 days from the date of issuance of the Agency's
21		decision, for a hearing to contest the decision of the Agency.
22		(2) A petitioner shall include the following within a
23		petition submitted under subdivision (1) of this subsection:
24		(A) a demonstration that the petitioner raised the
25		issues contained within the petition during the public
26		notice period or during the public hearing on the NPDES

HB3855 Engrossed - 1130 - LRB100 05985 AMC 16014 b
1		permit application, if a public hearing was held; and
2		(B) a demonstration that the petitioner is so situated
3		as to be affected by the permitted facility.
4		(3) If the Board determines that the petition is not
5		duplicative or frivolous and contains a satisfactory
6		demonstration under subdivision (2) of this subsection, the
7		Board shall hear the petition (i) in accordance with the terms
8		of subsection (a) of this Section and its procedural rules
9		governing permit denial appeals and (ii) exclusively on the
10		basis of the record before the Agency. The burden of proof
11		shall be on the petitioner. The Agency and permit applicant
12		shall be named co-respondents.
13		(f) Any person who files a petition to contest the issuance
14		of a permit by the Agency shall pay a filing fee.
15		(Source: P.A. 99-463, eff. 1-1-16; revised 10-6-16.)
16		Section 615. The Wastewater Land Treatment Site Regulation
17		Act is amended by changing Section 2 as follows:
18		(415 ILCS 50/2) (from Ch. 111 1/2, par. 582)
19		Sec. 2. Definitions. As used in this Act unless the context
20		otherwise requires, the terms specified in the Sections
21		following this Section and preceding Section 3 Sections 2.01
22		through 2.07 have the meanings ascribed to them in those
23		Sections.
24		(Source: P.A. 78-350; revised 10-5-16.)

HB3855 Engrossed - 1131 - LRB100 05985 AMC 16014 b
1		Section 620. The Illinois Pesticide Act is amended by
2		changing Sections 4 and 9 as follows:
3		(415 ILCS 60/4) (from Ch. 5, par. 804)
4		Sec. 4. Definitions. As used in this Act:
5		1. "Director" means Director of the Illinois Department of
6		Agriculture or his authorized representative.
7		2. "Active Ingredient" means any ingredient which will
8		prevent, destroy, repel, control or mitigate a pest or which
9		will act as a plant regulator, defoliant or desiccant.
10		3. "Adulterated" shall apply to any pesticide if the
11		strength or purity is not within the standard of quality
12		expressed on the labeling under which it is sold, distributed
13		or used, including any substance which has been substituted
14		wholly or in part for the pesticide as specified on the
15		labeling under which it is sold, distributed or used, or if any
16		valuable constituent of the pesticide has been wholly or in
17		part abstracted.
18		4. "Agricultural Commodity" means produce of the land
19		including but not limited to plants and plant parts, livestock
20		and poultry and livestock or poultry products, seeds, sod,
21		shrubs and other products of agricultural origin including the
22		premises necessary to and used directly in agricultural
23		production. Agricultural commodity also includes aquatic
24		products as defined in the Aquaculture Development Act.

HB3855 Engrossed - 1132 - LRB100 05985 AMC 16014 b
1		5. "Animal" means all vertebrate and invertebrate species
2		including, but not limited to, man and other mammals, bird,
3		fish, and shellfish.
4		6. "Beneficial Insects" means those insects which during
5		their life cycle are effective pollinators of plants, predators
6		of pests or are otherwise beneficial.
7		7. "Certified applicator".
8		A. "Certified applicator" means any individual who is
9		certified under this Act to purchase, use, or supervise the
10		use of pesticides which are classified for restricted use.
11		B. "Private applicator" means a certified applicator
12		who purchases, uses, or supervises the use of any pesticide
13		classified for restricted use, for the purpose of producing
14		any agricultural commodity on property owned, rented, or
15		otherwise controlled by him or his employer, or applied to
16		other property if done without compensation other than
17		trading of personal services between no more than 2
18		producers of agricultural commodities.
19		C. "Licensed Commercial Applicator" means a certified
20		applicator, whether or not he is a private applicator with
21		respect to some uses, who owns or manages a business that
22		is engaged in applying pesticides, whether classified for
23		general or restricted use, for hire. The term also applies
24		to a certified applicator who uses or supervises the use of
25		pesticides, whether classified for general or restricted
26		use, for any purpose or on property of others excluding

HB3855 Engrossed - 1133 - LRB100 05985 AMC 16014 b
1		those specified by subparagraphs 7 (B), (D), (E) of Section
2		4 of this Act.
3		D. "Commercial Not For Hire Applicator" means a
4		certified applicator who uses or supervises the use of
5		pesticides classified for general or restricted use for any
6		purpose on property of an employer when such activity is a
7		requirement of the terms of employment and such application
8		of pesticides under this certification is limited to
9		property under the control of the employer only and
10		includes, but is not limited to, the use or supervision of
11		the use of pesticides in a greenhouse setting. "Commercial
12		Not For Hire Applicator" also includes a certified
13		applicator who uses or supervises the use of pesticides
14		classified for general or restricted use as an employee of
15		a state agency, municipality, or other duly constituted
16		governmental agency or unit.
17		8. "Defoliant" means any substance or combination of
18		substances which cause leaves or foliage to drop from a plant
19		with or without causing abscission.
20		9. "Desiccant" means any substance or combination of
21		substances intended for artificially accelerating the drying
22		of plant tissue.
23		10. "Device" means any instrument or contrivance, other
24		than a firearm or equipment for application of pesticides when
25		sold separately from pesticides, which is intended for
26		trapping, repelling, destroying, or mitigating any pest, other

HB3855 Engrossed - 1134 - LRB100 05985 AMC 16014 b
1		than bacteria, virus, or other microorganisms on or living in
2		man or other living animals.
3		11. "Distribute" means offer or hold for sale, sell,
4		barter, ship, deliver for shipment, receive and then deliver,
5		or offer to deliver pesticides, within the State.
6		12. "Environment" includes water, air, land, and all plants
7		and animals including man, living therein and the
8		interrelationships which exist among these.
9		13. "Equipment" means any type of instruments and
10		contrivances using motorized, mechanical or pressure power
11		which is used to apply any pesticide, excluding pressurized
12		hand-size household apparatus containing dilute ready to apply
13		pesticide or used to apply household pesticides.
14		14. "FIFRA" means the "Federal Insecticide, Fungicide, and
15		Rodenticide Act", as amended.
16		15. "Fungi" means any non-chlorophyll bearing
17		thallophytes, any non-chlorophyll bearing plant of a lower
18		order than mosses or liverworts, as for example rust, smut,
19		mildew, mold, yeast and bacteria, except those on or in living
20		animals including man and those on or in processed foods,
21		beverages or pharmaceuticals.
22		16. "Household Substance" means any pesticide customarily
23		produced and distributed for use by individuals in or about the
24		household.
25		17. "Imminent Hazard" means a situation which exists when
26		continued use of a pesticide would likely result in

HB3855 Engrossed - 1135 - LRB100 05985 AMC 16014 b
1		unreasonable adverse effect on the environment or will involve
2		unreasonable hazard to the survival of a species declared
3		endangered by the U.S. Secretary of the Interior or to species
4		declared to be protected by the Illinois Department of Natural
5		Resources.
6		18. "Inert Ingredient" means an ingredient which is not an
7		active ingredient.
8		19. "Ingredient Statement" means a statement of the name
9		and percentage of each active ingredient together with the
10		total percentage of inert ingredients in a pesticide and for
11		pesticides containing arsenic in any form, the ingredient
12		statement shall include percentage of total and water soluble
13		arsenic, each calculated as elemental arsenic. In the case of
14		spray adjuvants the ingredient statement need contain only the
15		names of the functioning agents and the total percent of those
16		constituents ineffective as spray adjuvants.
17		20. "Insect" means any of the numerous small invertebrate
18		animals generally having the body more or less obviously
19		segmented for the most part belonging to the class Insects,
20		comprised of six-legged, usually winged forms, as for example
21		beetles, caterpillars, and flies. This definition encompasses
22		other allied classes of arthropods whose members are wingless
23		and usually have more than 6 legs as for example spiders,
24		mites, ticks, centipedes, and millipedes.
25		21. "Label" means the written, printed or graphic matter on
26		or attached to the pesticide or device or any of its containers

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1		or wrappings.
2		22. "Labeling" means the label and all other written,
3		printed or graphic matter: (a) on the pesticide or device or
4		any of its containers or wrappings, (b) accompanying the
5		pesticide or device or referring to it in any other media used
6		to disseminate information to the public, (c) to which
7		reference is made to the pesticide or device except when
8		references are made to current official publications of the U.
9		S. Environmental Protection Agency, Departments of
10		Agriculture, Health, Education and Welfare or other Federal
11		Government institutions, the state experiment station or
12		colleges of agriculture or other similar state institution
13		authorized to conduct research in the field of pesticides.
14		23. "Land" means all land and water area including
15		airspace, and all plants, animals, structures, buildings,
16		contrivances, and machinery appurtenant thereto or situated
17		thereon, fixed or mobile, including any used for
18		transportation.
19		24. "Licensed Operator" means a person employed to apply
20		pesticides to the lands of others under the direction of a
21		"licensed commercial applicator" or a "licensed commercial
22		not-for-hire applicator".
23		25. "Nematode" means invertebrate animals of the phylum
24		nemathelminthes and class nematoda, also referred to as nemas
25		or eelworms, which are unsegmented roundworms with elongated
26		fusiform or sac-like bodies covered with cuticle and inhabiting

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1		soil, water, plants or plant parts.
2		26. "Permit" means a written statement issued by the
3		Director or his authorized agent, authorizing certain acts of
4		pesticide purchase or of pesticide use or application on an
5		interim basis prior to normal certification, registration, or
6		licensing.
7		27. "Person" means any individual, partnership,
8		association, fiduciary, corporation, or any organized group of
9		persons whether incorporated or not.
10		28. "Pest" means (a) any insect, rodent, nematode, fungus,
11		weed, or (b) any other form of terrestrial or aquatic plant or
12		animal life or virus, bacteria, or other microorganism,
13		excluding virus, bacteria, or other microorganism on or in
14		living animals including man, which the Director declares to be
15		a pest.
16		29. "Pesticide" means any substance or mixture of
17		substances intended for preventing, destroying, repelling, or
18		mitigating any pest or any substance or mixture of substances
19		intended for use as a plant regulator, defoliant or desiccant.
20		30. "Pesticide Dealer" means any person who distributes
21		registered pesticides to the user.
22		31. "Plant Regulator" means any substance or mixture of
23		substances intended through physiological action to affect the
24		rate of growth or maturation or otherwise alter the behavior of
25		ornamental or crop plants or the produce thereof. This does not
26		include substances which are not intended as plant nutrient

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1		trace elements, nutritional chemicals, plant or seed
2		inoculants or soil conditioners or amendments.
3		32. "Protect Health and Environment" means to guard against
4		any unreasonable adverse effects on the environment.
5		33. "Registrant" means person who has registered any
6		pesticide pursuant to the provision of FIFRA and this Act.
7		34. "Restricted Use Pesticide" means any pesticide with one
8		or more of its uses classified as restricted by order of the
9		Administrator of USEPA.
10		35. "SLN Registration" means registration of a pesticide
11		for use under conditions of special local need as defined by
12		FIFRA.
13		36. "State Restricted Pesticide Use" means any pesticide
14		use which the Director determines, subsequent to public
15		hearing, that an additional restriction for that use is needed
16		to prevent unreasonable adverse effects.
17		37. "Structural Pest" means any pests which attack and
18		destroy buildings and other structures or which attack
19		clothing, stored food, commodities stored at food
20		manufacturing and processing facilities or manufactured and
21		processed goods.
22		38. "Unreasonable Adverse Effects on the Environment"
23		means the unreasonable risk to the environment, including man,
24		from the use of any pesticide, when taking into account accrued
25		benefits of as well as the economic, social, and environmental
26		costs of its use.

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1		39. "USEPA" means United States Environmental Protection
2		Agency.
3		40. "Use inconsistent with the label" means to use a
4		pesticide in a manner not consistent with the label
5		instruction, the definition adopted in FIFRA as interpreted by
6		USEPA shall apply in Illinois.
7		41. "Weed" means any plant growing in a place where it is
8		not wanted.
9		42. "Wildlife" means all living things, not human,
10		domestic, or pests.
11		43. "Bulk pesticide" means any registered pesticide which
12		is transported or held in an individual container in undivided
13		quantities of greater than 55 U.S. gallons liquid measure or
14		100 pounds net dry weight.
15		44. "Bulk repackaging" means the transfer of a registered
16		pesticide from one bulk container (containing undivided
17		quantities of greater than 100 U.S. gallons liquid measure or
18		100 pounds net dry weight) to another bulk container
19		(containing undivided quantities of greater than 100 U.S.
20		gallons liquid measure or 100 pounds net dry weight) in an
21		unaltered state in preparation for sale or distribution to
22		another person.
23		45. "Business" means any individual, partnership,
24		corporation or association engaged in a business operation for
25		the purpose of selling or distributing pesticides or providing
26		the service of application of pesticides in this State.

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1		46. "Facility" means any building or structure and all real
2		property contiguous thereto, including all equipment fixed
3		thereon used for the operation of the business.
4		47. "Chemigation" means the application of a pesticide
5		through the systems or equipment employed for the primary
6		purpose of irrigation of land and crops.
7		48. "Use" means any activity covered by the pesticide label
8		including but not limited to application of pesticide, mixing
9		and loading, storage of pesticides or pesticide containers,
10		disposal of pesticides and pesticide containers and reentry
11		into treated sites or areas.
12		(Source: P.A. 98-756, eff. 7-16-14; 99-540, eff. 1-1-17;
13		revised 10-6-16.)
14		(415 ILCS 60/9) (from Ch. 5, par. 809)
15		Sec. 9. Licenses and pesticide dealer registrations
16		requirements; certification.
17		(a) Licenses and pesticide dealer registrations issued
18		pursuant to this Act as a result of certification attained in
19		calendar year 2017 or earlier shall be valid for the calendar
20		year in which they were issued, except that private applicator
21		licenses shall be valid for the calendar year in which they
22		were issued plus 2 additional calendar years. All licenses and
23		pesticide dealer registrations shall expire on December 31 of
24		the year in which they are it is to expire. A license or
25		pesticide dealer registration in effect on the 31st of

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1		December, for which renewal has been made within 60 days
2		following the date of expiration, shall continue in full force
3		and effect until the Director notifies the applicant that
4		renewal has been approved and accepted or is to be denied in
5		accordance with this Act. The Director shall not issue a
6		license or pesticide dealer registration to a first time
7		applicant or to a person who has not made application for
8		renewal on or before March 1 following the expiration date of
9		the license or pesticide dealer registration until such
10		applicant or person has been certified by the Director as
11		having successfully demonstrated competence and knowledge
12		regarding pesticide use. The Director shall issue a license or
13		pesticide dealer registration to a person that made application
14		after March 1 and before April 15 if that application is
15		accompanied by a late application fee. A licensee or pesticide
16		dealer shall be required to be recertified for competence and
17		knowledge regarding pesticide use at least once every 3 years
18		and at such other times as deemed necessary by the Director to
19		assure a continued level of competence and ability. The
20		Director shall by regulation specify the standard of
21		qualification for certification and the manner of establishing
22		an applicant's competence and knowledge. A certification shall
23		remain valid only if an applicant attains licensure or
24		pesticide dealer registration during the calendar year in which
25		certification was granted and the licensure is maintained
26		throughout the 3-year certification period.

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1		(b) Multi-year licenses and pesticide dealer registrations
2		issued pursuant to this Act as a result of certification
3		attained in calendar year 2018 or thereafter shall be valid for
4		the calendar year in which they were issued plus 2 additional
5		calendar years. All licenses and pesticide dealer
6		registrations shall expire on December 31 of the year in which
7		they are to expire. A license or pesticide dealer registration
8		in effect on the 31st of December, for which recertification
9		and licensure has been made within 60 days following the date
10		of expiration, shall continue in full force and effect until
11		the Director notifies the applicant that recertification and
12		licensure has been approved and accepted or is to be denied in
13		accordance with this Act. A licensee or pesticide dealer shall
14		be required to be recertified for competence and knowledge
15		regarding pesticide use at least once every 3 years and at such
16		other times as deemed necessary by the Director to assure a
17		continued level of competence and ability. The Director shall
18		by rule specify the standard of qualification for certification
19		and the manner of establishing the applicant's competence and
20		knowledge. A certification shall remain valid only if an
21		applicant attains licensure or pesticide dealer registration
22		during the calendar year in which certification was granted and
23		the licensure is maintained throughout the 3-year
24		certification period. Notwithstanding the other provisions of
25		this subsection (b), the employer of a pesticide applicator or
26		operator licensee may notify the Director that the licensee's

HB3855 Engrossed - 1143 - LRB100 05985 AMC 16014 b
1		employment has been terminated. If the employer submits that
2		notification, the employer shall return to the Director the
3		licensee's pesticide applicator or operator license card and
4		may request that the unused portion of the terminated
5		licensee's pesticide applicator or operator license term be
6		transferred to a newly certified or re-certified individual,
7		and the Director may issue the appropriate pesticide applicator
8		or operator license to the newly certified or re-certified
9		individual with an expiration date equal to the original
10		license after payment of a $10 transfer fee.
11		(c) The Director may refuse to issue a license or pesticide
12		dealer registration based upon the violation history of the
13		applicant.
14		(Source: P.A. 98-923, eff. 1-1-15; 99-540, eff. 1-1-17; revised
15		10-6-16.)
16		Section 625. The Mercury Thermostat Collection Act is
17		amended by changing Section 25 as follows:
18		(415 ILCS 98/25)
19		(Section scheduled to be repealed on January 1, 2021)
20		Sec. 25. Collection goals. The collection programs
21		established by thermostat manufacturers under this Act shall be
22		designed to collectively achieve the following statewide
23		goals:
24		(a) For calendar year 2011, the collection of least

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1		5,000 mercury thermostats taken out of service in the State
2		during the calendar year.
3		(b) For calendar years 2012, 2013, and 2014, the
4		collection of at least 15,000 mercury thermostats taken out
5		of service in the State during each calendar year.
6		(c) For calendar years 2015 through 2020, the
7		collection goals shall be established by the Agency. The
8		Agency shall establish collection goals no later than
9		November 1, 2014. The collection goals established by the
10		Agency shall maximize the annual collection of
11		out-of-service mercury thermostats in the State. In
12		developing the collection goals, the Agency shall take into
13		account, at a minimum, (i) the effectiveness of collection
14		programs for out-of-service mercury thermostats in the
15		State and other states, including education and outreach
16		efforts, (ii) collection requirements in other states,
17		(iii) any reports or studies on the number of
18		out-of-service mercury thermostats that are available for
19		collection in this State, other states, and nationally, and
20		(iv) other factors. Prior to establishing the collection
21		goals, the Agency shall consult with stakeholder groups
22		that include, at a minimum, representatives of thermostat
23		manufacturers, environmental groups, thermostat
24		wholesalers, contractors, and thermostat retailers.
25		(d) The collection goals established by the Agency under
26		subsection (c) of this Section are statements of general

HB3855 Engrossed - 1145 - LRB100 05985 AMC 16014 b
1		applicability under Section 1-70 of the Illinois
2		Administrative Procedure Act and shall be adopted in accordance
3		with the procedures of that Act. Any person adversely affected
4		by a goal established by the Agency under subsection (c) of
5		this Section may obtain a determination of the validity or
6		application of the goal by filing a petition for review within
7		35 days after the date the adopted goal is published in the
8		Illinois Register pursuant to subsection (d) of Section 5-40 40
9		of the Illinois Administrative Procedure Act. Review shall be
10		afforded directly in the Appellate Court for the District in
11		which the cause of action arose and not the Circuit Court.
12		During the pendency of the review, the goal under review shall
13		remain in effect.
14		(e) For the purposes of determining compliance with the
15		collection goals established under this Section, for calendar
16		year 2015 and for each calendar year thereafter, the number of
17		out-of-service mercury thermostats represented by loose
18		ampoules shall be calculated:
19		(1) using a conversion factor such that each loose
20		mercury ampoule collected shall be deemed the
21		equivalent of 0.85 mercury thermostats; or
22		(2) using an alternative conversion factor
23		determined by the manufacturer or group of
24		manufacturers.
25		A manufacturer or group of manufacturers shall include
26		data and calculations to support its use of an alternative

HB3855 Engrossed - 1146 - LRB100 05985 AMC 16014 b
1		conversion factor.
2		(Source: P.A. 99-122, eff. 7-23-15; revised 10-26-16.)
3		Section 635. The Firearm Owners Identification Card Act is
4		amended by changing Section 9 as follows:
5		(430 ILCS 65/9) (from Ch. 38, par. 83-9)
6		Sec. 9. Every person whose application for a Firearm
7		Owner's Identification Card is denied, and every holder of such
8		a Card whose Card is revoked or seized, shall receive a written
9		notice from the Department of State Police stating specifically
10		the grounds upon which his application has been denied or upon
11		which his Identification Card has been revoked. The written
12		notice shall include the requirements of Section 9.5 of this
13		Act and the person's persons's right to administrative or
14		judicial review under Section 10 and 11 of this Act. A copy of
15		the written notice shall be provided to the sheriff and law
16		enforcement agency where the person resides.
17		(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13; revised
18		10-5-16.)
19		Section 640. The Livestock Management Facilities Act is
20		amended by changing Section 30 as follows:
21		(510 ILCS 77/30)
22		Sec. 30. Certified Livestock Manager. The Department shall

HB3855 Engrossed - 1147 - LRB100 05985 AMC 16014 b
1		establish a Certified Livestock Manager program in conjunction
2		with the livestock industry that will enhance management skills
3		in critical areas, such as environmental awareness, safety
4		concerns, odor control techniques and technology, neighbor
5		awareness, current best management practices, and the
6		developing and implementing of manure management plans.
7		(a) Applicability. A livestock waste handling facility
8		serving 300 or greater animal units shall be operated only
9		under the supervision of a certified livestock manager.
10		Notwithstanding Not withstanding the before-stated provision,
11		a livestock waste handling facility may be operated on an
12		interim basis, but not to exceed 6 months, to allow for the
13		owner or operator of the facility to become certified.
14		(b) A certification program shall include the following:
15		(1) A general working knowledge of best management
16		practices.
17		(2) A general working knowledge of livestock waste
18		handling practices and procedures.
19		(3) A general working knowledge of livestock
20		management operations and related safety issues.
21		(4) An awareness and understanding of the
22		responsibility of the owner or operator for all employees
23		who may be involved with waste handling.
24		(c) Any certification issued shall be valid for 3 years and
25		thereafter be subject to renewal. A renewal shall be valid for
26		a 3 year period and the procedures set forth in this Section

HB3855 Engrossed - 1148 - LRB100 05985 AMC 16014 b
1		shall be followed. The Department may require anyone who is
2		certified to be recertified in less than 3 years for just cause
3		including but not limited to repeated complaints where
4		investigations reveal the need to improve management
5		practices.
6		(d) Methods for obtaining certified livestock manager
7		status.
8		(1) The owner or operator of a livestock waste handling
9		facility serving 300 or greater animal units but less than
10		1,000 animal units shall become a certified livestock
11		manager by:
12		(A) attending a training session conducted by the
13		Department of Agriculture, Cooperative Extension
14		Service, or any agriculture association, which has
15		been approved by or is in cooperation with the
16		Department; or
17		(B) in lieu of attendance at a training session,
18		successfully completing a written competency
19		examination.
20		(2) The owner or operator of a livestock waste handling
21		facility serving 1,000 or greater animal units shall become
22		a certified livestock manager by attending a training
23		session conducted by the Department of Agriculture,
24		Cooperative Extension Service, or any agriculture
25		association, which has been approved by or is in
26		cooperation with the Department and successfully

HB3855 Engrossed - 1149 - LRB100 05985 AMC 16014 b
1		completing a written competency examination.
2		(e) The certified livestock manager certificate shall be
3		issued by the Department and shall indicate that the person
4		named on the certificate is certified as a livestock management
5		facility manager, the dates of certification, and when renewal
6		is due.
7		(f) For the years prior to 2011, the Department shall
8		charge $10 for the issuance or renewal of a certified livestock
9		manager certificate. For the years 2011 and thereafter, the
10		Department shall charge $30 for the issuance or renewal of a
11		certified livestock manager certificate. The Department may,
12		by rule, establish fees to cover the costs of materials and
13		training for training sessions given by the Department.
14		(g) The owner or operator of a livestock waste handling
15		facility operating in violation of the provisions of subsection
16		(a) of this Section shall be issued a warning letter for the
17		first violation and shall be required to have a certified
18		manager for the livestock waste handling facility within 30
19		working days. For failure to comply with the warning letter
20		within the 30 day period, the person shall be fined an
21		administrative penalty of up to $1,000 by the Department and
22		shall be required to enter into an agreement to have a
23		certified manager for the livestock waste handling facility
24		within 30 working days. For continued failure to comply, the
25		Department may issue an operational cease and desist order
26		until compliance is attained.

HB3855 Engrossed - 1150 - LRB100 05985 AMC 16014 b
1		(Source: P.A. 96-1310, eff. 7-27-10; revised 10-5-16.)
2		Section 645. The Wildlife Code is amended by changing
3		Section 2.33a as follows:
4		(520 ILCS 5/2.33a) (from Ch. 61, par. 2.33a)
5		Sec. 2.33a. Trapping.
6		(a) It is unlawful to fail to visit and remove all animals
7		from traps staked out, set, used, tended, placed or maintained
8		at least once each calendar day.
9		(b) It is unlawful for any person to place, set, use, or
10		maintain a leghold trap or one of similar construction on land,
11		that has a jaw spread of larger than 6 1/2 inches (16.6 CM), or
12		a body-gripping trap or one of similar construction having a
13		jaw spread larger than 7 inches (17.8 CM) on a side if square
14		and 8 inches (20.4 CM) if round.
15		(c) It is unlawful for any person to place, set, use, or
16		maintain a leghold trap or one of similar construction in
17		water, that has a jaw spread of larger than 7 1/2 inches (19.1
18		CM), or a body-gripping trap or one of similar construction
19		having a jaw spread larger than 10 inches (25.4 CM) on a side
20		if square and 12 inches (30.5 CM) if round.
21		(d) It is unlawful to use any trap with saw-toothed,
22		spiked, or toothed jaws.
23		(e) It is unlawful to destroy, disturb or in any manner
24		interfere with dams, lodges, burrows or feed beds of beaver

HB3855 Engrossed - 1151 - LRB100 05985 AMC 16014 b
1		while trapping for beaver or to set a trap inside a muskrat
2		house or beaver lodge, except that this shall not apply to
3		Drainage Districts that who are acting pursuant to the
4		provisions of Section 2.37.
5		(f) It is unlawful to trap beaver or river otter with: (1)
6		a leghold trap or one of similar construction having a jaw
7		spread of less than 5 1/2 inches (13.9 CM) or more than 7 1/2
8		inches (19.1 CM), or (2) a body-gripping trap or one of similar
9		construction having a jaw spread of less than 7 inches (17.7
10		CM) or more than 10 inches (25.4 CM) on a side if square and 12
11		inches (30.5 CM) if round, except that these restrictions shall
12		not apply during the open season for trapping raccoons.
13		(g) It is unlawful to set traps closer than 10 feet (3.05
14		M) from any hole or den which may be occupied by a game mammal
15		or fur-bearing mammal except that this restriction shall not
16		apply to water sets.
17		(h) It is unlawful to trap or attempt to trap any
18		fur-bearing mammal with any colony, cage, box, or stove-pipe
19		trap designed to take more than one mammal at a single setting.
20		(i) It is unlawful for any person to set or place any trap
21		designed to take any fur-bearing mammal protected by this Act
22		during the closed trapping season. Proof that any trap was
23		placed during the closed trapping season shall be deemed prima
24		facie evidence of a violation of this provision.
25		(j) It is unlawful to place, set, or maintain any leghold
26		trap or one of similar construction within thirty (30) feet

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1		(9.14 m) of bait placed in such a manner or position that it is
2		not completely covered and concealed from sight, except that
3		this shall not apply to underwater sets. Bait shall mean and
4		include any bait composed of mammal, bird, or fish flesh, fur,
5		hide, entrails or feathers.
6		(k) (Blank).
7		(l) It is unlawful for any person to place, set, use or
8		maintain a snare trap or one of similar construction in water,
9		that has a loop diameter exceeding 15 inches (38.1 CM) or a
10		cable or wire diameter of more than 1/8 inch (3.2 MM) or less
11		than 5/64 inch (2.0 MM), that is constructed of stainless steel
12		metal cable or wire, and that does not have a mechanical lock,
13		anchor swivel and stop device to prevent the mechanical lock
14		from closing the noose loop to a diameter of less than 2 1/2
15		inches (6.4 CM).
16		(m) It is unlawful to trap muskrat or mink with (1) a
17		leghold trap or one of similar construction or (2) a
18		body-gripping trap or one of similar construction unless the
19		body-gripping trap or similar trap is completely submerged
20		underwater when set. These restrictions shall not apply during
21		the open season for trapping raccoons.
22		(Source: P.A. 99-33, eff. 1-1-16; revised 10-27-16.)
23		Section 650. The Illinois Vehicle Code is amended by
24		changing Sections 1-132, 2-115, 3-114.1, 3-414, 3-506,
25		3-699.14, 3-704.1, 3-809, 6-106, 7-311, 11-905, 11-907,

HB3855 Engrossed - 1153 - LRB100 05985 AMC 16014 b
1		11-908, 11-1431, 15-107, and 18c-7402 as follows:
2		(625 ILCS 5/1-132) (from Ch. 95 1/2, par. 1-132)
3		Sec. 1-132. Intersection.
4		(a) The area embraced within the prolongation or connection
5		of the lateral curb lines, or, if none, then the lateral
6		boundary lines of the roadways of two highways which join one
7		another at, or approximately at, right angles or the area
8		within which vehicles traveling upon different roadways
9		joining at any other angle may come in conflict.
10		(b) Where a highway includes two roadways 40 feet or more
11		apart, then every crossing of each roadway of such divided
12		highway by an intersecting highway shall be regarded as a
13		separate intersection.
14		(c) The junction of an alley with a street or highway does
15		not constitute an intersection.
16		(Source: P.A. 77-321; revised 9-14-16.)
17		(625 ILCS 5/2-115) (from Ch. 95 1/2, par. 2-115)
18		Sec. 2-115. Investigators.
19		(a) The Secretary of State, for the purpose of more
20		effectively carrying out the provisions of the laws in relation
21		to motor vehicles, shall have power to appoint such number of
22		investigators as he may deem necessary. It shall be the duty of
23		such investigators to investigate and enforce violations of the
24		provisions of this Act administered by the Secretary of State

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1		and provisions of Chapters 11, 12, 13, 14, and 15 and to
2		investigate and report any violation by any person who operates
3		as a motor carrier of property as defined in Section 18-100 of
4		this Act and does not hold a valid certificate or permit. Such
5		investigators shall have and may exercise throughout the State
6		all of the powers of peace officers.
7		No person may be retained in service as an investigator
8		under this Section after he or she has reached 60 years of age,
9		except for a person employed in the title of Capitol Police
10		Investigator and who began employment on or after January 1,
11		2011, in which case, that person they may not be retained in
12		service after that person has reached 65 years of age.
13		The Secretary of State must authorize to each investigator
14		employed under this Section and to any other employee of the
15		Office of the Secretary of State exercising the powers of a
16		peace officer a distinct badge that, on its face, (i) clearly
17		states that the badge is authorized by the Office of the
18		Secretary of State and (ii) contains a unique identifying
19		number. No other badge shall be authorized by the Office of the
20		Secretary of State.
21		(b) The Secretary may expend such sums as he deems
22		necessary from Contractual Services appropriations for the
23		Department of Police for the purchase of evidence, for the
24		employment of persons to obtain evidence, and for the payment
25		for any goods or services related to obtaining evidence. Such
26		sums shall be advanced to investigators authorized by the

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1		Secretary to expend funds, on vouchers signed by the Secretary.
2		In addition, the Secretary of State is authorized to maintain
3		one or more commercial checking accounts with any State banking
4		corporation or corporations organized under or subject to the
5		Illinois Banking Act for the deposit and withdrawal of moneys
6		to be used solely for the purchase of evidence and for the
7		employment of persons to obtain evidence, or for the payment
8		for any goods or services related to obtaining evidence;
9		provided that no check may be written on nor any withdrawal
10		made from any such account except on the written signatures of
11		2 persons designated by the Secretary to write such checks and
12		make such withdrawals, and provided further that the balance of
13		moneys on deposit in any such account shall not exceed $5,000
14		at any time, nor shall any one check written on or single
15		withdrawal made from any such account exceed $5,000.
16		All fines or moneys collected or received by the Department
17		of Police under any State or federal forfeiture statute;
18		including, but not limited to moneys forfeited under Section 12
19		of the Cannabis Control Act, moneys forfeited under Section 85
20		of the Methamphetamine Control and Community Protection Act,
21		and moneys distributed under Section 413 of the Illinois
22		Controlled Substances Act, shall be deposited into the
23		Secretary of State Evidence Fund.
24		In all convictions for offenses in violation of this Act,
25		the Court may order restitution to the Secretary of any or all
26		sums expended for the purchase of evidence, for the employment

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1		of persons to obtain evidence, and for the payment for any
2		goods or services related to obtaining evidence. All such
3		restitution received by the Secretary shall be deposited into
4		the Secretary of State Evidence Fund. Moneys deposited into the
5		fund shall, subject to appropriation, be used by the Secretary
6		of State for the purposes provided for under the provisions of
7		this Section.
8		(Source: P.A. 99-896, eff. 1-1-17; revised 10-25-16.)
9		(625 ILCS 5/3-114.1)
10		Sec. 3-114.1. Transfers to and from charitable
11		organizations. When a charitable not-for-profit organization
12		that is exempt from federal income taxation under Section
13		501(c)(3) of the Internal Revenue Code becomes the recipient of
14		a motor vehicle by means of a donation from an individual, the
15		organization need not send the certificate of title to the
16		Secretary of State. Upon transferring the motor vehicle, the
17		organization shall promptly and within 20 days execute the
18		reassignment to reflect the transfer from the organization to
19		the purchaser. The organization is specifically authorized to
20		complete and execute the space reserved in the certificate of
21		title for a dealer reassignment, notwithstanding not
22		withstanding that the organization is not a licensed dealer.
23		Nothing in this Section shall be construed to require the
24		organization to become a licensed vehicle dealer.
25		(Source: P.A. 92-495, eff. 1-1-02; revised 9-14-16.)

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1		(625 ILCS 5/3-414) (from Ch. 95 1/2, par. 3-414)
2		Sec. 3-414. Expiration of registration.
3		(a) Every vehicle registration under this Chapter and every
4		registration card and registration plate or registration
5		sticker issued hereunder to a vehicle shall be for the periods
6		specified in this Chapter and shall expire at midnight on the
7		day and date specified in this Section as follows:
8		1. When registered on a calendar year basis commencing
9		January 1, expiration shall be on the 31st day of December
10		or at such other date as may be selected in the discretion
11		of the Secretary of State; however, through December 31,
12		2004, registrations of apportionable vehicles,
13		motorcycles, motor driven cycles and pedalcycles shall
14		commence on the first day of April and shall expire March
15		31st of the following calendar year;
16		1.1. Beginning January 1, 2005, registrations of
17		motorcycles and motor driven cycles shall commence on
18		January 1 and shall expire on December 31 or on another
19		date that may be selected by the Secretary; registrations
20		of apportionable vehicles and pedalcycles, however, shall
21		commence on the first day of April and shall expire March
22		31 of the following calendar year;
23		2. When registered on a 2 calendar year basis
24		commencing January 1 of an even-numbered year, expiration
25		shall be on the 31st day of December of the ensuing

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1		odd-numbered year, or at such other later date as may be
2		selected in the discretion of the Secretary of State not
3		beyond March 1 next;
4		3. When registered on a fiscal year basis commencing
5		July 1, expiration shall be on the 30th day of June or at
6		such other later date as may be selected in the discretion
7		of the Secretary of State not beyond September 1 next;
8		4. When registered on a 2 fiscal year basis commencing
9		July 1 of an even-numbered year, expiration shall be on the
10		30th day of June of the ensuing even-numbered year, or at
11		such other later date as may be selected in the discretion
12		of the Secretary of State not beyond September 1 next;
13		5. When registered on a 4 fiscal year basis commencing
14		July 1 of an even-numbered year, expiration shall be on the
15		30th day of June of the second ensuing even-numbered year,
16		or at such other later date as may be selected in the
17		discretion of the Secretary of State not beyond September 1
18		next. ;
19		(a-5) The Secretary may, in his or her discretion, require
20		an owner of a motor vehicle of the first division or a motor
21		vehicle of the second division weighing not more than 8,000
22		pounds to select the owner's birthday as the date of
23		registration expiration under this Section. If the motor
24		vehicle has more than one registered owner, the owners may
25		select one registered owner's birthday as the date of
26		registration expiration. The Secretary may adopt any rules

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1		necessary to implement this subsection.
2		(b) Vehicle registrations of vehicles of the first division
3		shall be for a calendar year, 2 calendar year, 3 calendar year,
4		or 5 calendar year basis as provided for in this Chapter.
5		Vehicle registrations of vehicles under Sections 3-807,
6		3-808 and 3-809 shall be on an indefinite term basis or a 2
7		calendar year basis as provided for in this Chapter.
8		Vehicle registrations for vehicles of the second division
9		shall be for a fiscal year, 2 fiscal year or calendar year
10		basis as provided for in this Chapter.
11		Motor vehicles registered under the provisions of Section
12		3-402.1 shall be issued multi-year registration plates with a
13		new registration card issued annually upon payment of the
14		appropriate fees. Motor vehicles registered under the
15		provisions of Section 3-405.3 shall be issued multi-year
16		registration plates with a new multi-year registration card
17		issued pursuant to subsections (j), (k), and (l) of this
18		Section upon payment of the appropriate fees. Apportionable
19		trailers and apportionable semitrailers registered under the
20		provisions of Section 3-402.1 shall be issued multi-year
21		registration plates and cards that will be subject to
22		revocation for failure to pay annual fees required by Section
23		3-814.1. The Secretary shall determine when these vehicles
24		shall be issued new registration plates.
25		(c) Every vehicle registration specified in Section 3-810
26		and every registration card and registration plate or

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1		registration sticker issued thereunder shall expire on the 31st
2		day of December of each year or at such other date as may be
3		selected in the discretion of the Secretary of State.
4		(d) Every vehicle registration for a vehicle of the second
5		division weighing over 8,000 pounds, except as provided in
6		paragraph (g) of this Section, and every registration card and
7		registration plate or registration sticker, where applicable,
8		issued hereunder to such vehicles shall be issued for a fiscal
9		year commencing on July 1st of each registration year. However,
10		the Secretary of State may, pursuant to an agreement or
11		arrangement or declaration providing for apportionment of a
12		fleet of vehicles with other jurisdictions, provide for
13		registration of such vehicles under apportionment or for all of
14		the vehicles registered in Illinois by an applicant who
15		registers some of his vehicles under apportionment on a
16		calendar year basis instead, and the fees or taxes to be paid
17		on a calendar year basis shall be identical to those specified
18		in this Act for a fiscal year registration. Provision for
19		installment payment may also be made.
20		(e) Semitrailer registrations under apportionment may be
21		on a calendar year under a reciprocal agreement or arrangement
22		and all other semitrailer registrations shall be on fiscal year
23		or 2 fiscal year or 4 fiscal year basis as provided for in this
24		Chapter.
25		(f) The Secretary of State may convert annual registration
26		plates or 2-year registration plates, whether registered on a

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1		calendar year or fiscal year basis, to multi-year plates. The
2		determination of which plate categories and when to convert to
3		multi-year plates is solely within the discretion of the
4		Secretary of State.
5		(g) After January 1, 1975, each registration, registration
6		card and registration plate or registration sticker, where
7		applicable, issued for a recreational vehicle or recreational
8		or camping trailer, except a house trailer, used exclusively by
9		the owner for recreational purposes, and not used commercially
10		nor as a truck or bus, nor for hire, shall be on a calendar year
11		basis; except that the Secretary of State shall provide for
12		registration and the issuance of registration cards and plates
13		or registration stickers, where applicable, for one 6-month
14		period in order to accomplish an orderly transition from a
15		fiscal year to a calendar year basis. Fees and taxes due under
16		this Act for a registration year shall be appropriately reduced
17		for such 6-month transitional registration period.
18		(h) The Secretary of State may, in order to accomplish an
19		orderly transition for vehicles registered under Section
20		3-402.1 of this Code from a calendar year registration to a
21		March 31st expiration, require applicants to pay fees and taxes
22		due under this Code on a 15 month registration basis. However,
23		if in the discretion of the Secretary of State this creates an
24		undue hardship on any applicant the Secretary may allow the
25		applicant to pay 3 month fees and taxes at the time of
26		registration and the additional 12 month fees and taxes to be

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1		payable no later than March 31, 1992 31 of the year after this
2		amendatory Act of 1991 takes effect.
3		(i) The Secretary of State may stagger registrations, or
4		change the annual expiration date, as necessary for the
5		convenience of the public and the efficiency of his Office. In
6		order to appropriately and effectively accomplish any such
7		staggering, the Secretary of State is authorized to prorate all
8		required registration fees, rounded to the nearest dollar, but
9		in no event for a period longer than 18 months, at a monthly
10		rate for a 12 month registration fee.
11		(j) The Secretary of State may enter into an agreement with
12		a rental owner, as defined in Section 3-400 of this Code, who
13		registers a fleet of motor vehicles of the first division
14		pursuant to Section 3-405.3 of this Code to provide for the
15		registration of the rental owner's vehicles on a 2 or 3
16		calendar year basis and the issuance of multi-year registration
17		plates with a new registration card issued up to every 3 years.
18		(k) The Secretary of State may provide multi-year
19		registration cards for any registered fleet of motor vehicles
20		of the first or second division that are registered pursuant to
21		Section 3-405.3 of this Code. Each motor vehicle of the
22		registered fleet must carry an unique multi-year registration
23		card that displays the vehicle identification number of the
24		registered motor vehicle. The Secretary of State shall
25		promulgate rules in order to implement multi-year
26		registrations.

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1		(l) Beginning with the 2018 registration year, the
2		Secretary of State may enter into an agreement with a rental
3		owner, as defined in Section 3-400 of this Code, who registers
4		a fleet of motor vehicles of the first division under Section
5		3-405.3 of this Code to provide for the registration of the
6		rental owner's vehicle on a 5 calendar year basis. Motor
7		vehicles registered on a 5 calendar year basis shall be issued
8		a distinct registration plate that expires on a 5-year cycle.
9		The Secretary may prorate the registration of these
10		registration plates to the length of time remaining in the
11		5-year cycle. The Secretary may adopt any rules necessary to
12		implement this subsection.
13		(Source: P.A. 99-80, eff. 1-1-16; 99-644, eff. 1-1-17; revised
14		10-26-16.)
15		(625 ILCS 5/3-506)
16		Sec. 3-506. Transfer of plates to spouses of military
17		service members. Upon the death of a military service member
18		who has been issued a special plate plates under Section
19		3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626,
20		3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, 3-666, 3-667,
21		3-668, 3-669, 3-676, 3-677, 3-680, 3-681, 3-683, 3-686, 3-688,
22		3-693, 3-698, or 3-699.12 of this Code, the surviving spouse of
23		that service member may retain the plate so long as that spouse
24		is a resident of Illinois and transfers the registration to his
25		or her name within 180 days of the death of the service member.

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1		For the purposes of this Section, "service member" means
2		any individual who is serving or has served in any branch of
3		the United States Armed Forces, including the National Guard or
4		other reserve components of the Armed Forces, and has been
5		issued a special plate listed in this Section.
6		(Source: P.A. 99-805, eff. 1-1-17; revised 10-27-16.)
7		(625 ILCS 5/3-699.14)
8		Sec. 3-699.14. Universal special license plates.
9		(a) In addition to any other special license plate, the
10		Secretary, upon receipt of all applicable fees and applications
11		made in the form prescribed by the Secretary, may issue
12		Universal special license plates to residents of Illinois on
13		behalf of organizations that have been authorized by the
14		General Assembly to issue decals for Universal special license
15		plates. Appropriate documentation, as determined by the
16		Secretary, shall accompany each application. Authorized
17		organizations shall be designated by amendment to this Section.
18		When applying for a Universal special license plate the
19		applicant shall inform the Secretary of the name of the
20		authorized organization from which the applicant will obtain a
21		decal to place on the plate. The Secretary shall make a record
22		of that organization and that organization shall remain
23		affiliated with that plate until the plate is surrendered,
24		revoked, or otherwise cancelled. The authorized organization
25		may charge a fee to offset the cost of producing and

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1		distributing the decal, but that fee shall be retained by the
2		authorized organization and shall be separate and distinct from
3		any registration fees charged by the Secretary. No decal,
4		sticker, or other material may be affixed to a Universal
5		special license plate other than a decal authorized by the
6		General Assembly in this Section or a registration renewal
7		sticker. The special plates issued under this Section shall be
8		affixed only to passenger vehicles of the first division,
9		including motorcycles and autocycles, or motor vehicles of the
10		second division weighing not more than 8,000 pounds. Plates
11		issued under this Section shall expire according to the
12		multi-year procedure under Section 3-414.1 of this Code.
13		(b) The design, color, and format of the Universal special
14		license plate shall be wholly within the discretion of the
15		Secretary. Universal special license plates are not required to
16		designate "Land of Lincoln", as prescribed in subsection (b) of
17		Section 3-412 of this Code. The design shall allow for the
18		application of a decal to the plate. Organizations authorized
19		by the General Assembly to issue decals for Universal special
20		license plates shall comply with rules adopted by the Secretary
21		governing the requirements for and approval of Universal
22		special license plate decals. The Secretary may, in his or her
23		discretion, allow Universal special license plates to be issued
24		as vanity or personalized plates in accordance with Section
25		3-405.1 of this Code. The Secretary of State must make a
26		version of the special registration plates authorized under

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1		this Section in a form appropriate for motorcycles and
2		autocycles.
3		(c) When authorizing a Universal special license plate, the
4		General Assembly shall set forth whether an additional fee is
5		to be charged for the plate and, if a fee is to be charged, the
6		amount of the fee and how the fee is to be distributed. When
7		necessary, the authorizing language shall create a special fund
8		in the State treasury into which fees may be deposited for an
9		authorized Universal special license plate. Additional fees
10		may only be charged if the fee is to be paid over to a State
11		agency or to a charitable entity that is in compliance with the
12		registration and reporting requirements of the Charitable
13		Trust Act and the Solicitation for Charity Act. Any charitable
14		entity receiving fees for the sale of Universal special license
15		plates shall annually provide the Secretary of State a letter
16		of compliance issued by the Attorney General verifying that the
17		entity is in compliance with the Charitable Trust Act and the
18		Solicitation for Charity Act.
19		(d) Upon original issuance and for each registration
20		renewal period, in addition to the appropriate registration
21		fee, if applicable, the Secretary shall collect any additional
22		fees, if required, for issuance of Universal special license
23		plates. The fees shall be collected on behalf of the
24		organization designated by the applicant when applying for the
25		plate. All fees collected shall be transferred to the State
26		agency on whose behalf the fees were collected, or paid into

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1		the special fund designated in the law authorizing the
2		organization to issue decals for Universal special license
3		plates. All money in the designated fund shall be distributed
4		by the Secretary subject to appropriation by the General
5		Assembly.
6		(e) The following organizations may issue decals for
7		Universal special license plates with the original and renewal
8		fees and fee distribution as follows:
9		(1) The Illinois Department of Natural Resources.
10		(A) Original issuance: $25; with $10 to the
11		Roadside Monarch Habitat Fund and $15 to the Secretary
12		of State Special Plate Fund.
13		(B) Renewal: $25; with $23 to the Roadside Monarch
14		Habitat Fund and $2 to the Secretary of State Special
15		Plate Fund.
16		(2) (1) Illinois Veterans' Homes.
17		(A) Original issuance: $26, which shall be
18		deposited into the Illinois Veterans' Homes Fund.
19		(B) Renewal: $26, which shall be deposited into the
20		Illinois Veterans' Homes Fund.
21		(f) The following funds are created as special funds in the
22		State treasury:
23		(1) The Roadside Monarch Habitat Fund. All moneys to be
24		paid as grants to the Illinois Department of Natural
25		Resources to fund roadside monarch and other pollinator
26		habitat development, enhancement, and restoration projects

HB3855 Engrossed - 1168 - LRB100 05985 AMC 16014 b
1		in this State.
2		(Source: P.A. 99-483, eff. 7-1-16; 99-723, eff. 8-5-16; 99-814,
3		eff. 1-1-17; revised 9-12-16.)
4		(625 ILCS 5/3-704.1)
5		Sec. 3-704.1. Municipal vehicle tax liability; suspension
6		of registration.
7		(a) As used in this Section:
8		(1) "Municipality" means a city, village or
9		incorporated town with a population over 1,000,000.
10		(2) "Vehicle tax" means a motor vehicle tax and any
11		related late fees or charges imposed by a municipality
12		under Section 8-11-4 of or the Illinois Municipal Code or
13		under the municipality's home rule powers.
14		(3) "Vehicle owner" means the registered owner or
15		owners of a vehicle who are residents of the municipality.
16		(b) A municipality that imposes a vehicle tax may, by
17		ordinance adopted under this Section, establish a system
18		whereby the municipality notifies the Secretary of State of
19		vehicle tax liability and the Secretary of State suspends the
20		registration of vehicles for which the tax has not been paid.
21		An ordinance establishing a system must provide for the
22		following:
23		(1) A first notice for failure to pay a vehicle tax
24		shall be sent by first class mail to the vehicle owner at
25		the owner's address recorded with the Secretary of State

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1		whenever the municipality has reasonable cause to believe
2		that the vehicle owner has failed to pay a vehicle tax as
3		required by ordinance. The notice shall include at least
4		the following:
5		(A) The name and address of the vehicle owner.
6		(B) The registration plate number of the vehicle.
7		(C) The period for which the vehicle tax is due.
8		(D) The amount of vehicle tax that is due.
9		(E) A statement that the vehicle owner's
10		registration for the vehicle will be subject to
11		suspension proceedings unless the vehicle owner pays
12		the vehicle tax or successfully contests the owner's
13		alleged liability within 30 days of the date of the
14		notice.
15		(F) An explanation of the vehicle owner's
16		opportunity to be heard under subsection (c).
17		(2) If a vehicle owner fails to pay the vehicle tax or
18		to contest successfully the owner's alleged liability
19		within the period specified in the first notice, a second
20		notice of impending registration suspension shall be sent
21		by first class mail to the vehicle owner at the owner's
22		address recorded with the Secretary of State. The notice
23		shall contain the same information as the first notice, but
24		shall also state that the failure to pay the amount owing,
25		or to contest successfully the alleged liability within 45
26		days of the date of the second notice, will result in the

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1		municipality's notification of the Secretary of State that
2		the vehicle owner is eligible for initiation of suspension
3		proceedings under this Section.
4		(c) An ordinance adopted under this Section must also give
5		the vehicle owner an opportunity to be heard upon the filing of
6		a timely petition with the municipality. A vehicle owner may
7		contest the alleged tax liability either through an
8		adjudication by mail or at an administrative hearing, at the
9		option of the vehicle owner. The grounds upon which the
10		liability may be contested may be limited to the following:
11		(1) The alleged vehicle owner does not own the vehicle.
12		(2) The vehicle is not subject to the vehicle tax by
13		law.
14		(3) The vehicle tax for the period in question has been
15		paid.
16		At an administrative hearing, the formal or technical rules
17		of evidence shall not apply. The hearing shall be recorded. The
18		person conducting the hearing shall have the power to
19		administer oaths and to secure by subpoena the attendance and
20		testimony of witnesses and the production of relevant
21		documents.
22		(d) If a vehicle owner who has been sent a first notice of
23		failure to pay a vehicle tax and a second notice of impending
24		registration suspension fails to pay the vehicle tax or to
25		contest successfully the vehicle owner's liability within the
26		periods specified in the notices, the appropriate official

HB3855 Engrossed - 1171 - LRB100 05985 AMC 16014 b
1		shall cause a certified report to be sent to the Secretary of
2		State under subsection (e).
3		(e) A report of a municipality notifying the Secretary of
4		State of a vehicle owner's failure to pay a vehicle tax or
5		related fines or penalties under this Section shall be
6		certified by the appropriate official and shall contain the
7		following:
8		(1) The name, last known address, and registration
9		plate number of the vehicle of the person who failed to pay
10		the vehicle tax.
11		(2) The name of the municipality making the report.
12		(3) A statement that the municipality sent notices as
13		required by subsection (b); the date on which the notices
14		were sent; the address to which the notices were sent; and
15		the date of the hearing, if any.
16		(f) Following receipt of the certified report under this
17		Section, the Secretary of State shall notify the vehicle owner
18		that the vehicle's registration will be suspended at the end of
19		a reasonable specified period of time unless the Secretary of
20		State is presented with a notice from the municipality
21		certifying that the person has paid the necessary vehicle tax,
22		or that inclusion of that person's name or registration number
23		on the certified report was in error. The Secretary's notice
24		shall state in substance the information contained in the
25		certified report from the municipality to the Secretary, and
26		shall be effective as specified by subsection (c) of Section

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1		6-211 of this Code. The notice shall also inform the person of
2		the person's right to a hearing under subsection (g).
3		(g) An administrative hearing with the Office of the
4		Secretary of State to contest an impending suspension or a
5		suspension made under this Section may be had upon filing a
6		written request with the Secretary of State. The filing fee for
7		this hearing shall be $20 to be paid at the time the request is
8		made.
9		(1) The scope of any administrative hearing with the
10		Secretary of State to contest an impending suspension under
11		this Section shall be limited to the following issues:
12		(A) Whether the report of the appropriate official
13		of the municipality was certified and contained the
14		information required by this Section.
15		(B) Whether the municipality making the certified
16		report to the Secretary of State established
17		procedures by ordinance for persons to challenge the
18		accuracy of the certified report.
19		(C) Whether the Secretary of State notified the
20		vehicle owner that the vehicle's registration would be
21		suspended at the end of the specified time period
22		unless the Secretary of State was presented with a
23		notice from the municipality certifying that the
24		person has purchased the necessary vehicle tax sticker
25		or that inclusion of that person's name or registration
26		number on the certified report was in error.

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1		A municipality that files a certified report with the
2		Secretary of State under this Section shall reimburse the
3		Secretary for all reasonable costs incurred by the Secretary as
4		a result of the filing of the report, including but not limited
5		to the costs of providing the notice required under subsection
6		(f) and the costs incurred by the Secretary in any hearing
7		conducted with respect to the report under this subsection and
8		any appeal from that hearing.
9		(h) After the expiration of the time specified under
10		subsection (g), the Secretary of State shall, unless the
11		suspension is successfully contested, suspend the registration
12		of the vehicle until the Secretary receives notice under
13		subsection (i).
14		(i) Any municipality making a certified report to the
15		Secretary of State under this subsection shall notify the
16		Secretary of State, in a form prescribed by the Secretary,
17		whenever a person named in the certified report has
18		subsequently paid a vehicle tax or whenever the municipality
19		determines that the original report was in error. A certified
20		copy of the notification shall also be given upon request and
21		at no additional charge to the person named in the report. Upon
22		receipt of the notification or presentation of a certified copy
23		of the notification by the municipality, the Secretary of State
24		shall terminate the suspension.
25		(j) To facilitate enforcement of municipal vehicle tax
26		liability, a municipality may provide by ordinance for a

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1		program of vehicle immobilization as provided by Section
2		11-1430.1 of this Code.
3		(Source: P.A. 97-937, eff. 8-10-12; revised 9-14-16.)
4		(625 ILCS 5/3-809) (from Ch. 95 1/2, par. 3-809)
5		Sec. 3-809. Farm machinery, exempt vehicles and fertilizer
6		spreaders; registration spreaders - registration fee.
7		(a) Vehicles of the second division having a corn sheller,
8		a well driller, hay press, clover huller, feed mixer and
9		unloader, or other farm machinery permanently mounted thereon
10		and used solely for transporting the same, farm wagon type
11		trailers having a fertilizer spreader attachment permanently
12		mounted thereon, having a gross weight of not to exceed 36,000
13		pounds and used only for the transportation of bulk fertilizer,
14		and farm wagon type tank trailers of not to exceed 3,000
15		gallons capacity, used during the liquid fertilizer season as
16		field-storage "nurse tanks" supplying the fertilizer to a field
17		applicator and moved on highways only for bringing the
18		fertilizer from a local source of supply to farm or field or
19		from one farm or field to another, or used during the lime
20		season and moved on the highways only for bringing from a local
21		source of supply to farm or field or from one farm or field to
22		another, shall be registered upon the filing of a proper
23		application and the payment of a registration fee of $13 per
24		2-year registration period. This registration fee of $13 shall
25		be paid in full and shall not be reduced even though such

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1		registration is made after the beginning of the registration
2		period.
3		(b) Vehicles exempt from registration under the provisions
4		of Section 3-402.A of this Act, as amended, except those
5		vehicles required to be registered under paragraph (c) of this
6		Section, may, at the option of the owner, be identified as
7		exempt vehicles by displaying registration plates issued by the
8		Secretary of State. The owner thereof may apply for such
9		permanent, non-transferable registration plates upon the
10		filing of a proper application and the payment of a
11		registration fee of $13. The application for and display of
12		such registration plates for identification purposes by
13		vehicles exempt from registration shall not be deemed as a
14		waiver or rescission recision of its exempt status, nor make
15		such vehicle subject to registration. Nothing in this Section
16		prohibits the towing of another vehicle by the exempt vehicle
17		if the towed vehicle:
18		(i) does not exceed the registered weight of 8,000
19		pounds;
20		(ii) is used exclusively for transportation to and from
21		the work site;
22		(iii) is not used for carrying counter weights or other
23		material related to the operation of the exempt vehicle
24		while under tow; and
25		(iv) displays proper and current registration plates.
26		(c) Any single unit self-propelled agricultural fertilizer

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1		implement, designed for both on and off road use, equipped with
2		flotation tires and otherwise specially adapted for the
3		application of plant food materials or agricultural chemicals,
4		desiring to be operated upon the highways ladened with load
5		shall be registered upon the filing of a proper application and
6		payment of a registration fee of $250. The registration fee
7		shall be paid in full and shall not be reduced even though such
8		registration is made during the second half of the registration
9		year. These vehicles shall, whether loaded or unloaded, be
10		limited to a maximum gross weight of 36,000 pounds, restricted
11		to a highway speed of not more than 30 miles per hour and a
12		legal width of not more than 12 feet. Such vehicles shall be
13		limited to the furthering of agricultural or horticultural
14		pursuits and in furtherance of these pursuits, such vehicles
15		may be operated upon the highway, within a 50 mile radius of
16		their point of loading as indicated on the written or printed
17		statement required by the "Illinois Fertilizer Act of 1961", as
18		amended, for the purpose of moving plant food materials or
19		agricultural chemicals to the field, or from field to field,
20		for the sole purpose of application.
21		No single unit self-propelled agricultural fertilizer
22		implement, designed for both on and off road use, equipped with
23		flotation tires and otherwise specially adapted for the
24		application of plant food materials or agricultural chemicals,
25		having a width of more than 12 feet or a gross weight in excess
26		of 36,000 pounds, shall be permitted to operate upon the

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1		highways ladened with load.
2		Whenever any vehicle is operated in violation of subsection
3		(c) of this Section 3-809 (c) of this Act, the owner or the
4		driver of such vehicle shall be deemed guilty of a petty
5		offense and either may be prosecuted for such violation.
6		(Source: P.A. 96-665, eff. 1-1-10; revised 9-14-16.)
7		(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
8		Sec. 6-106. Application for license or instruction permit.
9		(a) Every application for any permit or license authorized
10		to be issued under this Code shall be made upon a form
11		furnished by the Secretary of State. Every application shall be
12		accompanied by the proper fee and payment of such fee shall
13		entitle the applicant to not more than 3 attempts to pass the
14		examination within a period of one year after the date of
15		application.
16		(b) Every application shall state the legal name, social
17		security number, zip code, date of birth, sex, and residence
18		address of the applicant; briefly describe the applicant; state
19		whether the applicant has theretofore been licensed as a
20		driver, and, if so, when and by what state or country, and
21		whether any such license has ever been cancelled, suspended,
22		revoked or refused, and, if so, the date and reason for such
23		cancellation, suspension, revocation or refusal; shall include
24		an affirmation by the applicant that all information set forth
25		is true and correct; and shall bear the applicant's signature.

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1		In addition to the residence address, the Secretary may allow
2		the applicant to provide a mailing address. In the case of an
3		applicant who is a judicial officer or peace officer, the
4		Secretary may allow the applicant to provide an office or work
5		address in lieu of a residence or mailing address. The
6		application form may also require the statement of such
7		additional relevant information as the Secretary of State shall
8		deem necessary to determine the applicant's competency and
9		eligibility. The Secretary of State may, in his discretion, by
10		rule or regulation, provide that an application for a drivers
11		license or permit may include a suitable photograph of the
12		applicant in the form prescribed by the Secretary, and he may
13		further provide that each drivers license shall include a
14		photograph of the driver. The Secretary of State may utilize a
15		photograph process or system most suitable to deter alteration
16		or improper reproduction of a drivers license and to prevent
17		substitution of another photo thereon. For the purposes of this
18		subsection (b), "peace officer" means any person who by virtue
19		of his or her office or public employment is vested by law with
20		a duty to maintain public order or to make arrests for a
21		violation of any penal statute of this State, whether that duty
22		extends to all violations or is limited to specific violations.
23		(b-5) Beginning July 1, 2017, every applicant for a
24		driver's license or permit shall provide proof of lawful status
25		in the United States as defined in 6 CFR 37.3, as amended.
26		Applicants who are unable to provide the Secretary with proof

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1		of lawful status may apply for a driver's license or permit
2		under Section 6-105.1 of this Code.
3		(c) The application form shall include a notice to the
4		applicant of the registration obligations of sex offenders
5		under the Sex Offender Registration Act. The notice shall be
6		provided in a form and manner prescribed by the Secretary of
7		State. For purposes of this subsection (c), "sex offender" has
8		the meaning ascribed to it in Section 2 of the Sex Offender
9		Registration Act.
10		(d) Any male United States citizen or immigrant who applies
11		for any permit or license authorized to be issued under this
12		Code or for a renewal of any permit or license, and who is at
13		least 18 years of age but less than 26 years of age, must be
14		registered in compliance with the requirements of the federal
15		Military Selective Service Act. The Secretary of State must
16		forward in an electronic format the necessary personal
17		information regarding the applicants identified in this
18		subsection (d) to the Selective Service System. The applicant's
19		signature on the application serves as an indication that the
20		applicant either has already registered with the Selective
21		Service System or that he is authorizing the Secretary to
22		forward to the Selective Service System the necessary
23		information for registration. The Secretary must notify the
24		applicant at the time of application that his signature
25		constitutes consent to registration with the Selective Service
26		System, if he is not already registered.

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1		(e) Beginning on or before July 1, 2015, for each original
2		or renewal driver's license application under this Code, the
3		Secretary shall inquire as to whether the applicant is a
4		veteran for purposes of issuing a driver's license with a
5		veteran designation under subsection (e-5) of Section 6-110 of
6		this Code. The acceptable forms of proof shall include, but are
7		not limited to, Department of Defense form DD-214. The Illinois
8		Department of Veterans' Affairs shall advise the Secretary as
9		to what other forms of proof of a person's status as a veteran
10		are acceptable.
11		The Illinois Department of Veterans' Affairs shall confirm
12		the status of the applicant as an honorably discharged veteran
13		before the Secretary may issue the driver's license.
14		For purposes of this subsection (e):
15		"Armed forces" means any of the Armed Forces of the United
16		States, including a member of any reserve component or National
17		Guard unit.
18		"Veteran" means a person who has served in the armed forces
19		and was discharged or separated under honorable conditions.
20		(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
21		98-756, eff. 7-16-14; 99-511, eff. 1-1-17; 99-544, eff.
22		7-15-16; revised 9-13-16.)
23		(625 ILCS 5/7-311) (from Ch. 95 1/2, par. 7-311)
24		Sec. 7-311. Payments sufficient to satisfy requirements.
25		(a) Judgments herein referred to arising out of motor

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1		vehicle accidents occurring on or after January 1, 2015 (the
2		effective date of Public Act 98-519) shall for the purpose of
3		this Chapter be deemed satisfied:
4		1. when When $25,000 has been credited upon any
5		judgment or judgments rendered in excess of that amount for
6		bodily injury to or the death of one person as the result
7		of any one motor vehicle accident; or
8		2. when When, subject to said limit of $25,000 as to
9		any one person, the sum of $50,000 has been credited upon
10		any judgment or judgments rendered in excess of that amount
11		for bodily injury to or the death of more than one person
12		as the result of any one motor vehicle accident; or
13		3. when When $20,000 has been credited upon any
14		judgment or judgments, rendered in excess of that amount
15		for damages to property of others as a result of any one
16		motor vehicle accident.
17		The changes to this subsection made by Public Act 98-519
18		apply only to policies issued or renewed on or after January 1,
19		2015.
20		(b) Credit for such amounts shall be deemed a satisfaction
21		of any such judgment or judgments in excess of said amounts
22		only for the purposes of this Chapter.
23		(c) Whenever payment has been made in settlement of any
24		claim for bodily injury, death, or property damage arising from
25		a motor vehicle accident resulting in injury, death, or
26		property damage to two or more persons in such accident, any

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1		such payment shall be credited in reduction of the amounts
2		provided for in this Section.
3		(Source: P.A. 98-519, eff. 1-1-15; 99-78, eff. 7-20-15; revised
4		9-16-16.)
5		(625 ILCS 5/11-905) (from Ch. 95 1/2, par. 11-905)
6		Sec. 11-905. Merging traffic. Notwithstanding Not
7		withstanding the right-of-way right of way provision in Section
8		Sec. 11-901 of this Act, at an intersection where traffic lanes
9		are provided for merging traffic the driver of each vehicle on
10		the converging roadways is required to adjust his vehicular
11		speed and lateral position so as to avoid a collision with
12		another vehicle.
13		(Source: P.A. 81-860; revised 9-16-16.)
14		(625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
15		Sec. 11-907. Operation of vehicles and streetcars on
16		approach of authorized emergency vehicles.
17		(a) Upon the immediate approach of an authorized emergency
18		vehicle making use of audible and visual signals meeting the
19		requirements of this Code or a police vehicle properly and
20		lawfully making use of an audible or visual signal: ,
21		(1) the driver of every other vehicle shall yield the
22		right-of-way and shall immediately drive to a position
23		parallel to, and as close as possible to, the right-hand
24		edge or curb of the highway clear of any intersection and

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1		shall, if necessary to permit the safe passage of the
2		emergency vehicle, stop and remain in such position until
3		the authorized emergency vehicle has passed, unless
4		otherwise directed by a police officer; and
5		(2) the operator of every streetcar shall immediately
6		stop such car clear of any intersection and keep it in such
7		position until the authorized emergency vehicle has
8		passed, unless otherwise directed by a police officer.
9		(b) This Section shall not operate to relieve the driver of
10		an authorized emergency vehicle from the duty to drive with due
11		regard for the safety of all persons using the highway.
12		(c) Upon approaching a stationary authorized emergency
13		vehicle, when the authorized emergency vehicle is giving a
14		signal by displaying alternately flashing red, red and white,
15		blue, or red and blue lights or amber or yellow warning lights,
16		a person who drives an approaching vehicle shall:
17		(1) proceeding with due caution, yield the
18		right-of-way by making a lane change into a lane not
19		adjacent to that of the authorized emergency vehicle, if
20		possible with due regard to safety and traffic conditions,
21		if on a highway having at least 4 lanes with not less than
22		2 lanes proceeding in the same direction as the approaching
23		vehicle; or
24		(2) proceeding with due caution, reduce the speed of
25		the vehicle, maintaining a safe speed for road conditions,
26		if changing lanes would be impossible or unsafe.

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1		As used in this subsection (c), "authorized emergency
2		vehicle" includes any vehicle authorized by law to be equipped
3		with oscillating, rotating, or flashing lights under Section
4		12-215 of this Code, while the owner or operator of the vehicle
5		is engaged in his or her official duties.
6		(d) A person who violates subsection (c) of this Section
7		commits a business offense punishable by a fine of not less
8		than $100 or more than $10,000. It is a factor in aggravation
9		if the person committed the offense while in violation of
10		Section 11-501 of this Code. Imposition of the penalties
11		authorized by this subsection (d) for a violation of subsection
12		(c) of this Section that results in the death of another person
13		does not preclude imposition of appropriate additional civil or
14		criminal penalties.
15		(e) If a violation of subsection (c) of this Section
16		results in damage to the property of another person, in
17		addition to any other penalty imposed, the person's driving
18		privileges shall be suspended for a fixed period of not less
19		than 90 days and not more than one year.
20		(f) If a violation of subsection (c) of this Section
21		results in injury to another person, in addition to any other
22		penalty imposed, the person's driving privileges shall be
23		suspended for a fixed period of not less than 180 days and not
24		more than 2 years.
25		(g) If a violation of subsection (c) of this Section
26		results in the death of another person, in addition to any

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1		other penalty imposed, the person's driving privileges shall be
2		suspended for 2 years.
3		(h) The Secretary of State shall, upon receiving a record
4		of a judgment entered against a person under subsection (c) of
5		this Section:
6		(1) suspend the person's driving privileges for the
7		mandatory period; or
8		(2) extend the period of an existing suspension by the
9		appropriate mandatory period.
10		(Source: P.A. 95-884, eff. 1-1-09; revised 9-16-16.)
11		(625 ILCS 5/11-908) (from Ch. 95 1/2, par. 11-908)
12		Sec. 11-908. Vehicle approaching or entering a highway
13		construction or maintenance area or zone.
14		(a) The driver of a vehicle shall yield the right-of-way
15		right of way to any authorized vehicle or pedestrian actually
16		engaged in work upon a highway within any highway construction
17		or maintenance area indicated by official traffic-control
18		devices.
19		(a-1) Upon entering a construction or maintenance zone when
20		workers are present, a person who drives a vehicle shall:
21		(1) proceeding with due caution, make a lane change
22		into a lane not adjacent to that of the workers present, if
23		possible with due regard to safety and traffic conditions,
24		if on a highway having at least 4 lanes with not less than
25		2 lanes proceeding in the same direction as the approaching

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1		vehicle; or
2		(2) proceeding with due caution, reduce the speed of
3		the vehicle, maintaining a safe speed for road conditions,
4		if changing lanes would be impossible or unsafe.
5		(a-2) A person who violates subsection (a-1) of this
6		Section commits a business offense punishable by a fine of not
7		less than $100 and not more than $10,000. It is a factor in
8		aggravation if the person committed the offense while in
9		violation of Section 11-501 of this Code.
10		(a-3) If a violation of subsection (a-1) of this Section
11		results in damage to the property of another person, in
12		addition to any other penalty imposed, the person's driving
13		privileges shall be suspended for a fixed period of not less
14		than 90 days and not more than one year.
15		(a-4) If a violation of subsection (a-1) of this Section
16		results in injury to another person, in addition to any other
17		penalty imposed, the person's driving privileges shall be
18		suspended for a fixed period of not less than 180 days and not
19		more than 2 years.
20		(a-5) If a violation of subsection (a-1) of this Section
21		results in the death of another person, in addition to any
22		other penalty imposed, the person's driving privileges shall be
23		suspended for 2 years.
24		(a-6) The Secretary of State shall, upon receiving a record
25		of a judgment entered against a person under subsection (a-1)
26		of this Section:

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1		(1) suspend the person's driving privileges for the
2		mandatory period; or
3		(2) extend the period of an existing suspension by the
4		appropriate mandatory period.
5		(b) The driver of a vehicle shall yield the right-of-way
6		right of way to any authorized vehicle obviously and actually
7		engaged in work upon a highway whenever the vehicle engaged in
8		construction or maintenance work displays flashing lights as
9		provided in Section 12-215 of this Act.
10		(c) The driver of a vehicle shall stop if signaled to do so
11		by a flagger or a traffic control signal and remain in such
12		position until signaled to proceed. If a driver of a vehicle
13		fails to stop when signaled to do so by a flagger, the flagger
14		is authorized to report such offense to the State's Attorney or
15		authorized prosecutor. The penalties imposed for a violation of
16		this subsection (c) shall be in addition to any penalties
17		imposed for a violation of subsection (a-1).
18		(Source: P.A. 92-872, eff. 6-1-03; 93-705, eff. 7-9-04; revised
19		9-16-16.)
20		(625 ILCS 5/11-1431)
21		Sec. 11-1431. Solicitations at accident or disablement
22		scene prohibited.
23		(a) A tower, as defined by Section 1-205.2 of this Code, or
24		an employee or agent of a tower may not: (i) stop at the scene
25		of a motor vehicle accident or at or near a damaged or disabled

HB3855 Engrossed - 1188 - LRB100 05985 AMC 16014 b
1		vehicle for the purpose of soliciting the owner or operator of
2		the damaged or disabled vehicle to enter into a towing service
3		transaction; or (ii) stop at the scene of an accident or at or
4		near a damaged or disabled vehicle unless called to the
5		location by a law enforcement officer, the Illinois Department
6		of Transportation, the Illinois State Toll Highway Authority, a
7		local agency having jurisdiction over the highway, the owner or
8		operator of the damaged or disabled vehicle, or the owner or
9		operator's authorized agent, including his or her insurer or
10		motor club of which the owner or operator is a member. This
11		Section shall not apply to employees of the Department, the
12		Illinois State Toll Highway Authority, or local agencies when
13		engaged in their official duties. Nothing in this Section shall
14		prevent a tower from stopping at the scene of a motor vehicle
15		accident or at or near a damaged or disabled vehicle if the
16		owner or operator signals the tower for assistance from the
17		location of the motor vehicle accident or damaged or disabled
18		vehicle.
19		(b) A person or company who violates this Section is guilty
20		of a Class 4 felony. A person convicted of violating this
21		Section shall also have his or her driver's license, permit, or
22		privileges suspended for 3 months. After the expiration of the
23		3-month 3 month suspension, the person's driver's license,
24		permit, or privileges shall not be reinstated until he or she
25		has paid a reinstatement fee of $100. If a person violates this
26		Section while his or her driver's license, permit, or

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1		privileges are suspended under this subsection (b), his or her
2		driver's license, permit, or privileges shall be suspended for
3		an additional 6 months, and shall not be reinstated after the
4		expiration of the 6-month 6 month suspension until he or she
5		pays a reinstatement fee of $100. A vehicle owner, or his or
6		her authorized agent or automobile insurer, may bring a claim
7		against a company or person who willfully and materially
8		violates this Section. A court may award the prevailing party
9		reasonable attorney's fees, costs, and expenses relating to
10		that action.
11		(Source: P.A. 99-438, eff. 1-1-16; 99-848, eff. 8-19-16;
12		revised 10-27-16.)
13		(625 ILCS 5/15-107) (from Ch. 95 1/2, par. 15-107)
14		Sec. 15-107. Length of vehicles.
15		(a) The maximum length of a single vehicle on any highway
16		of this State may not exceed 42 feet except the following:
17		(1) Semitrailers.
18		(2) Charter or regulated route buses may be up to 45
19		feet in length, not including energy absorbing bumpers.
20		(a-1) A motor home as defined in Section 1-145.01 may be up
21		to 45 feet in length, not including energy absorbing bumpers.
22		The length limitations described in this subsection (a-1) shall
23		be exclusive of energy-absorbing bumpers and rear view mirrors.
24		(b) On all non-State highways, the maximum length of
25		vehicles in combinations is as follows:

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1		(1) A truck tractor in combination with a semitrailer
2		may not exceed 55 feet overall dimension.
3		(2) A truck tractor-semitrailer-trailer or truck
4		tractor semitrailer-semitrailer may not exceed 60 feet
5		overall dimension.
6		(3) Combinations specially designed to transport motor
7		vehicles or boats may not exceed 60 feet overall dimension.
8		Vehicles operating during daylight hours when transporting
9		poles, pipes, machinery, or other objects of a structural
10		nature that cannot readily be dismembered are exempt from
11		length limitations, provided that no object may exceed 80 feet
12		in length and the overall dimension of the vehicle including
13		the load may not exceed 100 feet. This exemption does not apply
14		to operation on a Saturday, Sunday, or legal holiday. Legal
15		holidays referred to in this Section are the days on which the
16		following traditional holidays are celebrated: New Year's Day;
17		Memorial Day; Independence Day; Labor Day; Thanksgiving Day;
18		and Christmas Day.
19		Vehicles and loads operated by a public utility while en
20		route to make emergency repairs to public service facilities or
21		properties are exempt from length limitations, provided that
22		during night operations every vehicle and its load must be
23		equipped with a sufficient number of clearance lamps on both
24		sides and marker lamps on the extreme ends of any projecting
25		load to clearly mark the dimensions of the load.
26		A tow truck in combination with a disabled vehicle or

HB3855 Engrossed - 1191 - LRB100 05985 AMC 16014 b
1		combination of disabled vehicles, as provided in paragraph (6)
2		of subsection (c) of this Section, is exempt from length
3		limitations.
4		All other combinations not listed in this subsection (b)
5		may not exceed 60 feet overall dimension.
6		(c) Except as provided in subsections (c-1) and (c-2),
7		combinations of vehicles may not exceed a total of 2 vehicles
8		except the following:
9		(1) A truck tractor semitrailer may draw one trailer.
10		(2) A truck tractor semitrailer may draw one converter
11		dolly or one semitrailer.
12		(3) A truck tractor semitrailer may draw one vehicle
13		that is defined in Chapter 1 as special mobile equipment,
14		provided the overall dimension does not exceed 60 feet.
15		(4) A truck in transit may draw 3 trucks in transit
16		coupled together by the triple saddlemount method.
17		(5) Recreational vehicles consisting of 3 vehicles,
18		provided the following:
19		(A) The total overall dimension does not exceed 60
20		feet.
21		(B) The towing vehicle is a properly registered
22		vehicle capable of towing another vehicle using a
23		fifth-wheel type assembly.
24		(C) The second vehicle in the combination of
25		vehicles is a recreational vehicle that is towed by a
26		fifth-wheel assembly. This vehicle must be properly

HB3855 Engrossed - 1192 - LRB100 05985 AMC 16014 b
1		registered and must be equipped with brakes,
2		regardless of weight.
3		(D) The third vehicle must be the lightest of the 3
4		vehicles and be a trailer or semitrailer designed or
5		used for transporting a boat, all-terrain vehicle,
6		personal watercraft, or motorcycle.
7		(E) The towed vehicles may be only for the use of
8		the operator of the towing vehicle.
9		(F) All vehicles must be properly equipped with
10		operating brakes and safety equipment required by this
11		Code, except the additional brake requirement in
12		subdivision (C) of this subparagraph (5).
13		(6) A tow truck in combination with a disabled vehicle
14		or combination of disabled vehicles, provided the towing
15		vehicle:
16		(A) Is specifically designed as a tow truck having
17		a gross vehicle weight rating of at least 18,000 pounds
18		and equipped with air brakes, provided that air brakes
19		are required only if the towing vehicle is towing a
20		vehicle, semitrailer, or tractor-trailer combination
21		that is equipped with air brakes. For the purpose of
22		this subsection, gross vehicle weight rating, or GVWR,
23		means the value specified by the manufacturer as the
24		loaded weight of the tow truck.
25		(B) Is equipped with flashing, rotating, or
26		oscillating amber lights, visible for at least 500 feet

HB3855 Engrossed - 1193 - LRB100 05985 AMC 16014 b
1		in all directions.
2		(C) Is capable of utilizing the lighting and
3		braking systems of the disabled vehicle or combination
4		of vehicles.
5		(D) Does not engage a tow exceeding 50 highway
6		miles from the initial point of wreck or disablement to
7		a place of repair. Any additional movement of the
8		vehicles may occur only upon issuance of authorization
9		for that movement under the provisions of Sections
10		15-301 through 15-319 of this Code.
11		The Department may by rule or regulation prescribe
12		additional requirements regarding length limitations for a
13		tow truck towing another vehicle.
14		For purposes of this Section, a tow-dolly that merely
15		serves as substitute wheels for another legally licensed
16		vehicle is considered part of the licensed vehicle and not
17		a separate vehicle.
18		(7) Commercial vehicles consisting of 3 vehicles,
19		provided the following:
20		(A) The total overall dimension does not exceed 65
21		feet.
22		(B) The towing vehicle is a properly registered
23		vehicle capable of towing another vehicle using a
24		fifth-wheel type assembly or a goose-neck hitch ball.
25		(C) The third vehicle must be the lightest of the 3
26		vehicles and be a trailer or semitrailer.

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1		(D) All vehicles must be properly equipped with
2		operating brakes and safety equipment required by this
3		Code.
4		(E) The combination of vehicles must be operated by
5		a person who holds a commercial driver's license (CDL).
6		(F) The combination of vehicles must be en route to
7		a location where new or used trailers are sold by an
8		Illinois or out-of-state licensed new or used trailer
9		dealer.
10		(c-1) A combination of 3 vehicles is allowed access to any
11		State designated highway if:
12		(1) the length of neither towed vehicle exceeds 28.5
13		feet;
14		(2) the overall wheel base of the combination of
15		vehicles does not exceed 62 feet; and
16		(3) the combination of vehicles is en route to a
17		location where new or used trailers are sold by an Illinois
18		or out-of-state licensed new or used trailer dealer.
19		(c-2) A combination of 3 vehicles is allowed access from
20		any State designated highway onto any county, township, or
21		municipal highway for a distance of 5 highway miles for the
22		purpose of delivery or collection of one or both of the towed
23		vehicles if:
24		(1) the length of neither towed vehicle exceeds 28.5
25		feet;
26		(2) the combination of vehicles does not exceed 40,000

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1		pounds in gross weight and 8 feet 6 inches in width;
2		(3) there is no sign prohibiting that access;
3		(4) the route is not being used as a thoroughfare
4		between State designated highways; and
5		(5) the combination of vehicles is en route to a
6		location where new or used trailers are sold by an Illinois
7		or out-of-state licensed new or used trailer dealer.
8		(d) On Class I highways there are no overall length
9		limitations on motor vehicles operating in combinations
10		provided:
11		(1) The length of a semitrailer, unladen or with load,
12		in combination with a truck tractor may not exceed 53 feet.
13		(2) The distance between the kingpin and the center of
14		the rear axle of a semitrailer longer than 48 feet, in
15		combination with a truck tractor, may not exceed 45 feet 6
16		inches. The limit contained in this paragraph (2) shall not
17		apply to trailers or semi-trailers used for the transport
18		of livestock as defined by Section 18b-101.
19		(3) The length of a semitrailer or trailer, unladen or
20		with load, operated in a truck tractor-semitrailer-trailer
21		or truck tractor semitrailer-semitrailer combination, may
22		not exceed 28 feet 6 inches.
23		(4) Maxi-cube combinations, as defined in Chapter 1,
24		may not exceed 65 feet overall dimension.
25		(5) Combinations of vehicles specifically designed to
26		transport motor vehicles or boats may not exceed 65 feet

HB3855 Engrossed - 1196 - LRB100 05985 AMC 16014 b
1		overall dimension. The length limitation is inclusive of
2		front and rear bumpers but exclusive of the overhang of the
3		transported vehicles, as provided in paragraph (i) of this
4		Section.
5		(6) Stinger-steered Stinger steered semitrailer
6		vehicles specifically designed to transport motor vehicles
7		or boats and automobile transporters, as defined in Chapter
8		1, may not exceed 80 feet overall dimension. The length
9		limitation is inclusive of front and rear bumpers but
10		exclusive of the overhang of the transported vehicles, as
11		provided in paragraph (i) of this Section.
12		(7) A truck in transit transporting 3 trucks coupled
13		together by the triple saddlemount method may not exceed 97
14		feet overall dimension.
15		(8) A towaway trailer transporter combination may not
16		exceed 82 feet overall dimension.
17		Vehicles operating during daylight hours when transporting
18		poles, pipes, machinery, or other objects of a structural
19		nature that cannot readily be dismembered are exempt from
20		length limitations, provided that no object may exceed 80 feet
21		in length and the overall dimension of the vehicle including
22		the load may not exceed 100 feet. This exemption does not apply
23		to operation on a Saturday, Sunday, or legal holiday. Legal
24		holidays referred to in this Section are the days on which the
25		following traditional holidays are celebrated: New Year's Day;
26		Memorial Day; Independence Day; Labor Day; Thanksgiving Day;

HB3855 Engrossed - 1197 - LRB100 05985 AMC 16014 b
1		and Christmas Day.
2		Vehicles and loads operated by a public utility while en
3		route to make emergency repairs to public service facilities or
4		properties are exempt from length limitations, provided that
5		during night operations every vehicle and its load must be
6		equipped with a sufficient number of clearance lamps on both
7		sides and marker lamps on the extreme ends of any projecting
8		load to clearly mark the dimensions of the load.
9		A tow truck in combination with a disabled vehicle or
10		combination of disabled vehicles, as provided in paragraph (6)
11		of subsection (c) of this Section, is exempt from length
12		limitations.
13		The length limitations described in this paragraph (d)
14		shall be exclusive of safety and energy conservation devices,
15		such as bumpers, refrigeration units or air compressors and
16		other devices, that the Department may interpret as necessary
17		for safe and efficient operation; except that no device
18		excluded under this paragraph shall have by its design or use
19		the capability to carry cargo.
20		Section 5-35 of the Illinois Administrative Procedure Act
21		relating to procedures for rulemaking shall not apply to the
22		designation of highways under this paragraph (d).
23		(e) On Class II highways there are no overall length
24		limitations on motor vehicles operating in combinations,
25		provided:
26		(1) The length of a semitrailer, unladen or with load,

HB3855 Engrossed - 1198 - LRB100 05985 AMC 16014 b
1		in combination with a truck tractor, may not exceed 53 feet
2		overall dimension.
3		(2) The distance between the kingpin and the center of
4		the rear axle of a semitrailer longer than 48 feet, in
5		combination with a truck tractor, may not exceed 45 feet 6
6		inches. The limit contained in this paragraph (2) shall not
7		apply to trailers or semi-trailers used for the transport
8		of livestock as defined by Section 18b-101.
9		(3) A truck tractor-semitrailer-trailer or truck
10		tractor semitrailer-semitrailer combination may not exceed
11		65 feet in dimension from front axle to rear axle.
12		(4) The length of a semitrailer or trailer, unladen or
13		with load, operated in a truck tractor-semitrailer-trailer
14		or truck tractor semitrailer-semitrailer combination, may
15		not exceed 28 feet 6 inches.
16		(5) Maxi-cube combinations, as defined in Chapter 1,
17		may not exceed 65 feet overall dimension.
18		(6) A combination of vehicles, specifically designed
19		to transport motor vehicles or boats, may not exceed 65
20		feet overall dimension. The length limitation is inclusive
21		of front and rear bumpers but exclusive of the overhang of
22		the transported vehicles, as provided in paragraph (i) of
23		this Section.
24		(7) Stinger-steered Stinger steered semitrailer
25		vehicles specifically designed to transport motor vehicles
26		or boats, may not exceed 80 feet overall dimension. The

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1		length limitation is inclusive of front and rear bumpers
2		but exclusive of the overhang of the transported vehicles,
3		as provided in paragraph (i) of this Section.
4		(8) A truck in transit transporting 3 trucks coupled
5		together by the triple saddlemount method may not exceed 97
6		feet overall dimension.
7		(9) A towaway trailer transporter combination may not
8		exceed 82 feet overall dimension.
9		Vehicles operating during daylight hours when transporting
10		poles, pipes, machinery, or other objects of a structural
11		nature that cannot readily be dismembered are exempt from
12		length limitations, provided that no object may exceed 80 feet
13		in length and the overall dimension of the vehicle including
14		the load may not exceed 100 feet. This exemption does not apply
15		to operation on a Saturday, Sunday, or legal holiday. Legal
16		holidays referred to in this Section are the days on which the
17		following traditional holidays are celebrated: New Year's Day;
18		Memorial Day; Independence Day; Labor Day; Thanksgiving Day;
19		and Christmas Day.
20		Vehicles and loads operated by a public utility while en
21		route to make emergency repairs to public service facilities or
22		properties are exempt from length limitations, provided that
23		during night operations every vehicle and its load must be
24		equipped with a sufficient number of clearance lamps on both
25		sides and marker lamps on the extreme ends of any projecting
26		load to clearly mark the dimensions of the load.

HB3855 Engrossed - 1200 - LRB100 05985 AMC 16014 b
1		A tow truck in combination with a disabled vehicle or
2		combination of disabled vehicles, as provided in paragraph (6)
3		of subsection (c) of this Section, is exempt from length
4		limitations.
5		Local authorities, with respect to streets and highways
6		under their jurisdiction, may also by ordinance or resolution
7		allow length limitations of this subsection (e).
8		The length limitations described in this paragraph (e)
9		shall be exclusive of safety and energy conservation devices,
10		such as bumpers, refrigeration units or air compressors and
11		other devices, that the Department may interpret as necessary
12		for safe and efficient operation; except that no device
13		excluded under this paragraph shall have by its design or use
14		the capability to carry cargo.
15		Section 5-35 of the Illinois Administrative Procedure Act
16		relating to procedures for rulemaking shall not apply to the
17		designation of highways under this paragraph (e).
18		(e-1) Combinations of vehicles not exceeding 65 feet
19		overall length are allowed access as follows:
20		(1) From any State designated highway onto any county,
21		township, or municipal highway for a distance of 5 highway
22		miles for the purpose of loading and unloading, provided:
23		(A) The vehicle does not exceed 80,000 pounds in
24		gross weight and 8 feet 6 inches in width.
25		(B) There is no sign prohibiting that access.
26		(C) The route is not being used as a thoroughfare

HB3855 Engrossed - 1201 - LRB100 05985 AMC 16014 b
1		between State designated highways.
2		(2) From any State designated highway onto any county
3		or township highway for a distance of 5 highway miles or
4		onto any municipal highway for a distance of one highway
5		mile for the purpose of food, fuel, repairs, and rest,
6		provided:
7		(A) The vehicle does not exceed 80,000 pounds in
8		gross weight and 8 feet 6 inches in width.
9		(B) There is no sign prohibiting that access.
10		(C) The route is not being used as a thoroughfare
11		between State designated highways.
12		(e-2) Except as provided in subsection (e-3), combinations
13		of vehicles over 65 feet in length, with no overall length
14		limitation except as provided in subsections (d) and (e) of
15		this Section, are allowed access as follows:
16		(1) From a Class I highway onto any street or highway
17		for a distance of one highway mile for the purpose of
18		loading, unloading, food, fuel, repairs, and rest,
19		provided there is no sign prohibiting that access.
20		(2) From a Class I or Class II highway onto any State
21		highway or any locally designated highway for a distance of
22		5 highway miles for the purpose of loading, unloading,
23		food, fuel, repairs, and rest.
24		(e-3) Combinations of vehicles over 65 feet in length
25		operated by household goods carriers or towaway trailer
26		transporter combinations, with no overall length limitations

HB3855 Engrossed - 1202 - LRB100 05985 AMC 16014 b
1		except as provided in subsections (d) and (e) of this Section,
2		have unlimited access to points of loading, unloading, or
3		delivery to or from a manufacturer, distributor, or dealer.
4		(f) On Class III and other non-designated State highways,
5		the length limitations for vehicles in combination are as
6		follows:
7		(1) Truck tractor-semitrailer combinations, must
8		comply with either a maximum 55 feet overall wheel base or
9		a maximum 65 feet extreme overall dimension.
10		(2) Semitrailers, unladen or with load, may not exceed
11		53 feet overall dimension.
12		(3) No truck tractor-semitrailer-trailer or truck
13		tractor semitrailer-semitrailer combination may exceed 60
14		feet extreme overall dimension.
15		(4) The distance between the kingpin and the center
16		axle of a semitrailer longer than 48 feet, in combination
17		with a truck tractor, may not exceed 42 feet 6 inches. The
18		limit contained in this paragraph (4) shall not apply to
19		trailers or semi-trailers used for the transport of
20		livestock as defined by Section 18b-101.
21		(g) Length limitations in the preceding subsections of this
22		Section 15-107 do not apply to the following:
23		(1) Vehicles operated in the daytime, except on
24		Saturdays, Sundays, or legal holidays, when transporting
25		poles, pipe, machinery, or other objects of a structural
26		nature that cannot readily be dismembered, provided the

HB3855 Engrossed - 1203 - LRB100 05985 AMC 16014 b
1		overall length of vehicle and load may not exceed 100 feet
2		and no object exceeding 80 feet in length may be
3		transported unless a permit has been obtained as authorized
4		in Section 15-301.
5		(2) Vehicles and loads operated by a public utility
6		while en route to make emergency repairs to public service
7		facilities or properties, but during night operation every
8		vehicle and its load must be equipped with a sufficient
9		number of clearance lamps on both sides and marker lamps
10		upon the extreme ends of any projecting load to clearly
11		mark the dimensions of the load.
12		(3) A tow truck in combination with a disabled vehicle
13		or combination of disabled vehicles, provided the towing
14		vehicle meets the following conditions:
15		(A) It is specifically designed as a tow truck
16		having a gross vehicle weight rating of at least 18,000
17		pounds and equipped with air brakes, provided that air
18		brakes are required only if the towing vehicle is
19		towing a vehicle, semitrailer, or tractor-trailer
20		combination that is equipped with air brakes.
21		(B) It is equipped with flashing, rotating, or
22		oscillating amber lights, visible for at least 500 feet
23		in all directions.
24		(C) It is capable of utilizing the lighting and
25		braking systems of the disabled vehicle or combination
26		of vehicles.

HB3855 Engrossed - 1204 - LRB100 05985 AMC 16014 b
1		(D) It does not engage in a tow exceeding 50 miles
2		from the initial point of wreck or disablement.
3		The Department may by rule or regulation prescribe
4		additional requirements regarding length limitations for a tow
5		truck towing another vehicle. The towing vehicle, however, may
6		tow any disabled vehicle from the initial point of wreck or
7		disablement to a point where repairs are actually to occur.
8		This movement shall be valid only on State routes. The tower
9		must abide by posted bridge weight limits.
10		For the purpose of this subsection, gross vehicle weight
11		rating, or GVWR, shall mean the value specified by the
12		manufacturer as the loaded weight of the tow truck. Legal
13		holidays referred to in this Section shall be specified as the
14		day on which the following traditional holidays are celebrated:
15		New Year's Day;
16		Memorial Day;
17		Independence Day;
18		Labor Day;
19		Thanksgiving Day; and
20		Christmas Day.
21		(h) The load upon any vehicle operated alone, or the load
22		upon the front vehicle of a combination of vehicles, shall not
23		extend more than 3 feet beyond the front wheels of the vehicle
24		or the front bumper of the vehicle if it is equipped with a
25		front bumper. The provisions of this subsection (h) shall not
26		apply to any vehicle or combination of vehicles specifically

HB3855 Engrossed - 1205 - LRB100 05985 AMC 16014 b
1		designed for the collection and transportation of waste,
2		garbage, or recyclable materials during the vehicle's
3		operation in the course of collecting garbage, waste, or
4		recyclable materials if the vehicle is traveling at a speed not
5		in excess of 15 miles per hour during the vehicle's operation
6		and in the course of collecting garbage, waste, or recyclable
7		materials. However, in no instance shall the load extend more
8		than 7 feet beyond the front wheels of the vehicle or the front
9		bumper of the vehicle if it is equipped with a front bumper.
10		(i) The load upon the front vehicle of an automobile
11		transporter or a stinger-steered vehicle specifically designed
12		to transport motor vehicles shall not extend more than 4 feet
13		beyond the foremost part of the transporting vehicle and the
14		load upon the rear transporting vehicle shall not extend more
15		than 6 feet beyond the rear of the bed or body of the vehicle.
16		This paragraph shall only be applicable upon highways
17		designated in paragraphs (d) and (e) of this Section.
18		(j) Articulated vehicles comprised of 2 sections, neither
19		of which exceeds a length of 42 feet, designed for the carrying
20		of more than 10 persons, may be up to 60 feet in length, not
21		including energy absorbing bumpers, provided that the vehicles
22		are:
23		1. operated by or for any public body or motor carrier
24		authorized by law to provide public transportation
25		services; or
26		2. operated in local public transportation service by

HB3855 Engrossed - 1206 - LRB100 05985 AMC 16014 b
1		any other person and the municipality in which the service
2		is to be provided approved the operation of the vehicle.
3		(j-1) (Blank).
4		(k) Any person who is convicted of violating this Section
5		is subject to the penalty as provided in paragraph (b) of
6		Section 15-113.
7		(l) (Blank).
8		(Source: P.A. 99-717, eff. 8-5-16; revised 10-28-16.)
9		(625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
10		Sec. 18c-7402. Safety Requirements for Railroad
11		Operations.
12		(1) Obstruction of crossings.
13		(a) Obstruction of Emergency Vehicles. Every railroad
14		shall be operated in such a manner as to minimize
15		obstruction of emergency vehicles at crossings. Where such
16		obstruction occurs and the train crew is aware of the
17		obstruction, the train crew shall immediately take any
18		action, consistent with safe operating procedure,
19		necessary to remove the obstruction. In the Chicago and St.
20		Louis switching districts, every railroad dispatcher or
21		other person responsible for the movement of railroad
22		equipment in a specific area who receives notification that
23		railroad equipment is obstructing the movement of an
24		emergency vehicle at any crossing within such area shall
25		immediately notify the train crew through use of existing

HB3855 Engrossed - 1207 - LRB100 05985 AMC 16014 b
1		communication facilities. Upon notification, the train
2		crew shall take immediate action in accordance with this
3		paragraph.
4		(b) Obstruction of Highway at Grade Crossing
5		Prohibited. It is unlawful for a rail carrier to permit any
6		train, railroad car or engine to obstruct public travel at
7		a railroad-highway grade crossing for a period in excess of
8		10 minutes, except where such train or railroad car is
9		continuously moving or cannot be moved by reason of
10		circumstances over which the rail carrier has no reasonable
11		control.
12		In a county with a population of greater than 1,000,000, as
13		determined by the most recent federal census, during the hours
14		of 7:00 a.m. through 9:00 a.m. and 4:00 p.m. through 6:00 p.m.
15		it is unlawful for a rail carrier to permit any single train or
16		railroad car to obstruct public travel at a railroad-highway
17		grade crossing in excess of a total of 10 minutes during a 30
18		minute period, except where the train or railroad car cannot be
19		moved by reason or circumstances over which the rail carrier
20		has no reasonable control. Under no circumstances will a moving
21		train be stopped for the purposes of issuing a citation related
22		to this Section.
23		However, no employee acting under the rules or orders of
24		the rail carrier or its supervisory personnel may be prosecuted
25		for a violation of this subsection (b).
26		(c) Punishment for Obstruction of Grade Crossing. Any

HB3855 Engrossed - 1208 - LRB100 05985 AMC 16014 b
1		rail carrier violating paragraph (b) of this subsection
2		shall be guilty of a petty offense and fined not less than
3		$200 nor more than $500 if the duration of the obstruction
4		is in excess of 10 minutes but no longer than 15 minutes.
5		If the duration of the obstruction exceeds 15 minutes the
6		violation shall be a business offense and the following
7		fines shall be imposed: if the duration of the obstruction
8		is in excess of 15 minutes but no longer than 20 minutes,
9		the fine shall be $500; if the duration of the obstruction
10		is in excess of 20 minutes but no longer than 25 minutes,
11		the fine shall be $700; if the duration of the obstruction
12		is in excess of 25 minutes, but no longer than 30 minutes,
13		the fine shall be $900; if the duration of the obstruction
14		is in excess of 30 minutes but no longer than 35 minutes,
15		the fine shall be $1,000; if the duration of the
16		obstruction is in excess of 35 minutes, the fine shall be
17		$1,000 plus an additional $500 for each 5 minutes of
18		obstruction in excess of 25 minutes of obstruction.
19		(2) Other Operational Requirements.
20		(a) Bell and Whistle-Crossings. Every rail carrier
21		shall cause a bell, and a whistle or horn to be placed and
22		kept on each locomotive, and shall cause the same to be
23		rung or sounded by the engineer or fireman, at the distance
24		of at a least 1,320 feet, from the place where the railroad
25		crosses or intersects any public highway, and shall be kept
26		ringing or sounding until the highway is reached; provided

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1		that at crossings where the Commission shall by order
2		direct, only after a hearing has been held to determine the
3		public is reasonably and sufficiently protected, the rail
4		carrier may be excused from giving warning provided by this
5		paragraph.
6		(a-5) The requirements of paragraph (a) of this
7		subsection (2) regarding ringing a bell and sounding a
8		whistle or horn do not apply at a railroad crossing that
9		has a permanently installed automated audible warning
10		device authorized by the Commission under Section
11		18c-7402.1 that sounds automatically when an approaching
12		train is at least 1,320 feet from the crossing and that
13		keeps sounding until the lead locomotive has crossed the
14		highway. The engineer or fireman may ring the bell or sound
15		the whistle or horn at a railroad crossing that has a
16		permanently installed audible warning device.
17		(b) Speed Limits. Each rail carrier shall operate its
18		trains in compliance with speed limits set by the
19		Commission. The Commission may set train speed limits only
20		where such limits are necessitated by extraordinary
21		circumstances affecting effecting the public safety, and
22		shall maintain such train speed limits in effect only for
23		such time as the extraordinary circumstances prevail.
24		The Commission and the Department of Transportation
25		shall conduct a study of the relation between train speeds
26		and railroad-highway grade crossing safety. The Commission

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1		shall report the findings of the study to the General
2		Assembly no later than January 5, 1997.
3		(c) Special Speed Limit; Pilot Project. The Commission
4		and the Board of the Commuter Rail Division of the Regional
5		Transportation Authority shall conduct a pilot project in
6		the Village of Fox River Grove, the site of the fatal
7		school bus accident at a railroad crossing on October 25,
8		1995, in order to improve railroad crossing safety. For
9		this project, the Commission is directed to set the maximum
10		train speed limit for Regional Transportation Authority
11		trains at 50 miles per hour at intersections on that
12		portion of the intrastate rail line located in the Village
13		of Fox River Grove. If the Regional Transportation
14		Authority deliberately fails to comply with this maximum
15		speed limit, then any entity, governmental or otherwise,
16		that provides capital or operational funds to the Regional
17		Transportation Authority shall appropriately reduce or
18		eliminate that funding. The Commission shall report to the
19		Governor and the General Assembly on the results of this
20		pilot project in January 1999, January 2000, and January
21		2001. The Commission shall also submit a final report on
22		the pilot project to the Governor and the General Assembly
23		in January 2001. The provisions of this subsection (c),
24		other than this sentence, are inoperative after February 1,
25		2001.
26		(3) Report and Investigation of Rail Accidents.

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1		(a) Reports. Every rail carrier shall report to the
2		Commission, by the speediest means possible, whether
3		telephone, telegraph, or otherwise, every accident
4		involving its equipment, track, or other property which
5		resulted in loss of life to any person. In addition, such
6		carriers shall file a written report with the Commission.
7		Reports submitted under this paragraph shall be strictly
8		confidential, shall be specifically prohibited from
9		disclosure, and shall not be admissible in any
10		administrative or judicial proceeding relating to the
11		accidents reported.
12		(b) Investigations. The Commission may investigate all
13		railroad accidents reported to it or of which it acquires
14		knowledge independent of reports made by rail carriers, and
15		shall have the power, consistent with standards and
16		procedures established under the Federal Railroad Safety
17		Act, as amended, to enter such temporary orders as will
18		minimize the risk of future accidents pending notice,
19		hearing, and final action by the Commission.
20		(Source: P.A. 91-675, eff. 6-1-00; 92-284, eff. 8-9-01; revised
21		9-16-16.)
22		Section 655. The Snowmobile Registration and Safety Act is
23		amended by changing Sections 1-2, 2-1, 5-7, and 5-7.4 as
24		follows:

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1		(625 ILCS 40/1-2) (from Ch. 95 1/2, par. 601-2)
2		Sec. 1-2. Definitions. As used in this Act, the terms
3		specified in the Sections following this Section and preceding
4		Section 1-3 Sections 1-2.01 through 1-2.20 have the meanings
5		ascribed to them in those Sections unless the context clearly
6		requires a different meaning.
7		(Source: P.A. 78-856; revised 9-16-16.)
8		(625 ILCS 40/2-1) (from Ch. 95 1/2, par. 602-1)
9		Sec. 2-1. Enforcement.) It is the duty of all Conservation
10		Police Officers and all sheriffs, deputy sheriffs, and other
11		police officers to arrest any person detected in violation of
12		any of the provisions of this Act. It is further the duty of
13		all such officers to make prompt investigation of any violation
14		of the provisions of this Act reported by any other person, and
15		to cause a complaint to be filed before the circuit court if
16		there seems just ground for such complaint and evidence
17		procurable to support the same.
18		(Source: P.A. 79-885; revised 9-16-16.)
19		(625 ILCS 40/5-7)
20		Sec. 5-7. Operating a snowmobile while under the influence
21		of alcohol or other drug or drugs, intoxicating compound or
22		compounds, or a combination of them; criminal penalties;
23		suspension of operating privileges.
24		(a) A person may not operate or be in actual physical

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1		control of a snowmobile within this State while:
2		1. The alcohol concentration in that person's blood,
3		other bodily substance, or breath is a concentration at
4		which driving a motor vehicle is prohibited under
5		subdivision (1) of subsection (a) of Section 11-501 of the
6		Illinois Vehicle Code;
7		2. The person is under the influence of alcohol;
8		3. The person is under the influence of any other drug
9		or combination of drugs to a degree that renders that
10		person incapable of safely operating a snowmobile;
11		3.1. The person is under the influence of any
12		intoxicating compound or combination of intoxicating
13		compounds to a degree that renders the person incapable of
14		safely operating a snowmobile;
15		4. The person is under the combined influence of
16		alcohol and any other drug or drugs or intoxicating
17		compound or compounds to a degree that renders that person
18		incapable of safely operating a snowmobile;
19		4.3. (4.3) The person who is not a CDL holder has a
20		tetrahydrocannabinol concentration in the person's whole
21		blood or other bodily substance at which driving a motor
22		vehicle is prohibited under subdivision (7) of subsection
23		(a) of Section 11-501 of the Illinois Vehicle Code;
24		4.5. (4.5) The person who is a CDL holder has any
25		amount of a drug, substance, or compound in the person's
26		breath, blood, other bodily substance, or urine resulting

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1		from the unlawful use or consumption of cannabis listed in
2		the Cannabis Control Act; or
3		5. There is any amount of a drug, substance, or
4		compound in that person's breath, blood, other bodily
5		substance, or urine resulting from the unlawful use or
6		consumption of a controlled substance listed in the
7		Illinois Controlled Substances Act, methamphetamine as
8		listed in the Methamphetamine Control and Community
9		Protection Act, or intoxicating compound listed in the use
10		of Intoxicating Compounds Act.
11		(b) The fact that a person charged with violating this
12		Section is or has been legally entitled to use alcohol, other
13		drug or drugs, any intoxicating compound or compounds, or any
14		combination of them does not constitute a defense against a
15		charge of violating this Section.
16		(c) Every person convicted of violating this Section or a
17		similar provision of a local ordinance is guilty of a Class A
18		misdemeanor, except as otherwise provided in this Section.
19		(c-1) As used in this Section, "first time offender" means
20		any person who has not had a previous conviction or been
21		assigned supervision for violating this Section or a similar
22		provision of a local ordinance, or any person who has not had a
23		suspension imposed under subsection (e) of Section 5-7.1.
24		(c-2) For purposes of this Section, the following are
25		equivalent to a conviction:
26		(1) a forfeiture of bail or collateral deposited to

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1		secure a defendant's appearance in court when forfeiture
2		has not been vacated; or
3		(2) the failure of a defendant to appear for trial.
4		(d) Every person convicted of violating this Section is
5		guilty of a Class 4 felony if:
6		1. The person has a previous conviction under this
7		Section;
8		2. The offense results in personal injury where a
9		person other than the operator suffers great bodily harm or
10		permanent disability or disfigurement, when the violation
11		was a proximate cause of the injuries. A person guilty of a
12		Class 4 felony under this paragraph 2, if sentenced to a
13		term of imprisonment, shall be sentenced to not less than
14		one year nor more than 12 years; or
15		3. The offense occurred during a period in which the
16		person's privileges to operate a snowmobile are revoked or
17		suspended, and the revocation or suspension was for a
18		violation of this Section or was imposed under Section
19		5-7.1.
20		(e) Every person convicted of violating this Section is
21		guilty of a Class 2 felony if the offense results in the death
22		of a person. A person guilty of a Class 2 felony under this
23		subsection (e), if sentenced to a term of imprisonment, shall
24		be sentenced to a term of not less than 3 years and not more
25		than 14 years.
26		(e-1) Every person convicted of violating this Section or a

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1		similar provision of a local ordinance who had a child under
2		the age of 16 on board the snowmobile at the time of offense
3		shall be subject to a mandatory minimum fine of $500 and shall
4		be subject to a mandatory minimum of 5 days of community
5		service in a program benefiting children. The assignment under
6		this subsection shall not be subject to suspension nor shall
7		the person be eligible for probation in order to reduce the
8		assignment.
9		(e-2) Every person found guilty of violating this Section,
10		whose operation of a snowmobile while in violation of this
11		Section proximately caused any incident resulting in an
12		appropriate emergency response, shall be liable for the expense
13		of an emergency response as provided in subsection (i) of
14		Section 11-501.01 of the Illinois Vehicle Code.
15		(e-3) In addition to any other penalties and liabilities, a
16		person who is found guilty of violating this Section, including
17		any person placed on court supervision, shall be fined $100,
18		payable to the circuit clerk, who shall distribute the money to
19		the law enforcement agency that made the arrest. In the event
20		that more than one agency is responsible for the arrest, the
21		$100 shall be shared equally. Any moneys received by a law
22		enforcement agency under this subsection (e-3) shall be used to
23		purchase law enforcement equipment or to provide law
24		enforcement training that will assist in the prevention of
25		alcohol related criminal violence throughout the State. Law
26		enforcement equipment shall include, but is not limited to,

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1		in-car video cameras, radar and laser speed detection devices,
2		and alcohol breath testers.
3		(f) In addition to any criminal penalties imposed, the
4		Department of Natural Resources shall suspend the snowmobile
5		operation privileges of a person convicted or found guilty of a
6		misdemeanor under this Section for a period of one year, except
7		that first-time offenders are exempt from this mandatory one
8		year suspension.
9		(g) In addition to any criminal penalties imposed, the
10		Department of Natural Resources shall suspend for a period of 5
11		years the snowmobile operation privileges of any person
12		convicted or found guilty of a felony under this Section.
13		(Source: P.A. 99-697, eff. 7-29-16; revised 10-28-16.)
14		(625 ILCS 40/5-7.4)
15		Sec. 5-7.4. Admissibility of chemical tests of blood, other
16		bodily substance, or urine conducted in the regular course of
17		providing emergency medical treatment.
18		(a) Notwithstanding any other provision of law, the results
19		of blood, other bodily substance, or urine tests performed for
20		the purpose of determining the content of alcohol, other drug
21		or drugs, intoxicating compound or compounds, or any
22		combination of them in an individual's blood, other bodily
23		substance, or urine conducted upon persons receiving medical
24		treatment in a hospital emergency room, are admissible in
25		evidence as a business record exception to the hearsay rule

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1		only in prosecutions for a violation of Section 5-7 of this Act
2		or a similar provision of a local ordinance or in prosecutions
3		for reckless homicide brought under the Criminal Code of 1961
4		or the Criminal Code of 2012.
5		The results of the tests are admissible only when each of
6		the following criteria are met:
7		1. the chemical tests performed upon an individual's
8		blood, other bodily substance, or urine were ordered in the
9		regular course of providing emergency treatment and not at
10		the request of law enforcement authorities; and
11		2. the chemical tests performed upon an individual's
12		blood, other bodily substance, or urine were performed by
13		the laboratory routinely used by the hospital.
14		3. (Blank).
15		Results of chemical tests performed upon an individual's
16		blood, other bodily substance, or urine are admissible into
17		evidence regardless of the time that the records were prepared.
18		(b) The confidentiality provisions of law pertaining to
19		medical records and medical treatment are not applicable with
20		regard to chemical tests performed upon a person's blood, other
21		bodily substance, or urine under the provisions of this Section
22		in prosecutions as specified in subsection (a) of this Section.
23		No person shall be liable for civil damages as a result of the
24		evidentiary use of the results of chemical testing of the
25		individual's blood, other bodily substance, or urine under this
26		Section or as a result of that person's testimony made

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1		available under this Section.
2		(Source: P.A. 99-697, eff. 7-29-16; revised 10-31-16.)
3		Section 660. The Juvenile Court Act of 1987 is amended by
4		changing Sections 4-9, 5-710, 5-745, 5-7A-115, and 5-915 as
5		follows:
6		(705 ILCS 405/4-9) (from Ch. 37, par. 804-9)
7		Sec. 4-9. Shelter care hearing. At the appearance of the
8		minor before the court at the shelter care hearing, all
9		witnesses present shall be examined before the court in
10		relation to any matter connected with the allegations made in
11		the petition.
12		(1) If the court finds that there is not probable cause to
13		believe that the minor is addicted, it shall release the minor
14		and dismiss the petition.
15		(2) If the court finds that there is probable cause to
16		believe that the minor is addicted, the minor, his or her
17		parent, guardian, custodian and other persons able to give
18		relevant testimony shall be examined before the court. After
19		such testimony, the court may enter an order that the minor
20		shall be released upon the request of a parent, guardian or
21		custodian if the parent, guardian or custodian appears to take
22		custody and agrees to abide by a court order which requires the
23		minor and his or her parent, guardian, or legal custodian to
24		complete an evaluation by an entity licensed by the Department

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1		of Human Services, as the successor to the Department of
2		Alcoholism and Substance Abuse, and complete any treatment
3		recommendations indicated by the assessment. Custodian shall
4		include any agency of the State which has been given custody or
5		wardship of the child.
6		The Court shall require documentation by representatives
7		of the Department of Children and Family Services or the
8		probation department as to the reasonable efforts that were
9		made to prevent or eliminate the necessity of removal of the
10		minor from his or her home, and shall consider the testimony of
11		any person as to those reasonable efforts. If the court finds
12		that it is a matter of immediate and urgent necessity for the
13		protection of the minor or of the person or property of another
14		that the minor be or placed in a shelter care facility or that
15		he or she is likely to flee the jurisdiction of the court, and
16		further, finds that reasonable efforts have been made or good
17		cause has been shown why reasonable efforts cannot prevent or
18		eliminate the necessity of removal of the minor from his or her
19		home, the court may prescribe shelter care and order that the
20		minor be kept in a suitable place designated by the court or in
21		a shelter care facility designated by the Department of
22		Children and Family Services or a licensed child welfare
23		agency, or in a facility or program licensed by the Department
24		of Human Services for shelter and treatment services; otherwise
25		it shall release the minor from custody. If the court
26		prescribes shelter care, then in placing the minor, the

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1		Department or other agency shall, to the extent compatible with
2		the court's order, comply with Section 7 of the Children and
3		Family Services Act. If the minor is ordered placed in a
4		shelter care facility of the Department of Children and Family
5		Services or a licensed child welfare agency, or in a facility
6		or program licensed by the Department of Human Services for
7		shelter and treatment services, the court shall, upon request
8		of the appropriate Department or other agency, appoint the
9		Department of Children and Family Services Guardianship
10		Administrator or other appropriate agency executive temporary
11		custodian of the minor and the court may enter such other
12		orders related to the temporary custody as it deems fit and
13		proper, including the provision of services to the minor or his
14		family to ameliorate the causes contributing to the finding of
15		probable cause or to the finding of the existence of immediate
16		and urgent necessity. Acceptance of services shall not be
17		considered an admission of any allegation in a petition made
18		pursuant to this Act, nor may a referral of services be
19		considered as evidence in any proceeding pursuant to this Act,
20		except where the issue is whether the Department has made
21		reasonable efforts to reunite the family. In making its
22		findings that reasonable efforts have been made or that good
23		cause has been shown why reasonable efforts cannot prevent or
24		eliminate the necessity of removal of the minor from his or her
25		home, the court shall state in writing its findings concerning
26		the nature of the services that were offered or the efforts

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1		that were made to prevent removal of the child and the apparent
2		reasons that such services or efforts could not prevent the
3		need for removal. The parents, guardian, custodian, temporary
4		custodian and minor shall each be furnished a copy of such
5		written findings. The temporary custodian shall maintain a copy
6		of the court order and written findings in the case record for
7		the child. The order together with the court's findings of fact
8		in support thereof shall be entered of record in the court.
9		Once the court finds that it is a matter of immediate and
10		urgent necessity for the protection of the minor that the minor
11		be placed in a shelter care facility, the minor shall not be
12		returned to the parent, custodian or guardian until the court
13		finds that such placement is no longer necessary for the
14		protection of the minor.
15		(3) If neither the parent, guardian, legal custodian,
16		responsible relative nor counsel of the minor has had actual
17		notice of or is present at the shelter care hearing, he or she
18		may file his or her affidavit setting forth these facts, and
19		the clerk shall set the matter for rehearing not later than 24
20		hours, excluding Sundays and legal holidays, after the filing
21		of the affidavit. At the rehearing, the court shall proceed in
22		the same manner as upon the original hearing.
23		(4) If the minor is not brought before a judicial officer
24		within the time period as specified in Section 4-8, the minor
25		must immediately be released from custody.
26		(5) Only when there is reasonable cause to believe that the

HB3855 Engrossed - 1223 - LRB100 05985 AMC 16014 b
1		minor taken into custody is a person described in subsection
2		(3) of Section 5-105 may the minor be kept or detained in a
3		detention home or county or municipal jail. This Section shall
4		in no way be construed to limit subsection (6).
5		(6) No minor under 16 years of age may be confined in a
6		jail or place ordinarily used for the confinement of prisoners
7		in a police station. Minors under 18 years of age must be kept
8		separate from confined adults and may not at any time be kept
9		in the same cell, room or yard with adults confined pursuant to
10		the criminal law.
11		(7) If neither the parent, guardian or custodian appears
12		within 24 hours to take custody of a minor released upon
13		request pursuant to subsection (2) of this Section, then the
14		clerk of the court shall set the matter for rehearing not later
15		than 7 days after the original order and shall issue a summons
16		directed to the parent, guardian or custodian to appear. At the
17		same time the probation department shall prepare a report on
18		the minor. If a parent, guardian or custodian does not appear
19		at such rehearing, the judge may enter an order prescribing
20		that the minor be kept in a suitable place designated by the
21		Department of Children and Family Services or a licensed child
22		welfare agency.
23		(8) Any interested party, including the State, the
24		temporary custodian, an agency providing services to the minor
25		or family under a service plan pursuant to Section 8.2 of the
26		Abused and Neglected Child Reporting Act, foster parent, or any

HB3855 Engrossed - 1224 - LRB100 05985 AMC 16014 b
1		of their representatives, may file a motion to modify or vacate
2		a temporary custody order on any of the following grounds:
3		(a) It is no longer a matter of immediate and urgent
4		necessity that the minor remain in shelter care; or
5		(b) There is a material change in the circumstances of
6		the natural family from which the minor was removed; or
7		(c) A person, including a parent, relative or legal
8		guardian, is capable of assuming temporary custody of the
9		minor; or
10		(d) Services provided by the Department of Children and
11		Family Services or a child welfare agency or other service
12		provider have been successful in eliminating the need for
13		temporary custody.
14		The clerk shall set the matter for hearing not later than
15		14 days after such motion is filed. In the event that the court
16		modifies or vacates a temporary custody order but does not
17		vacate its finding of probable cause, the court may order that
18		appropriate services be continued or initiated in behalf of the
19		minor and his or her family.
20		(9) The changes made to this Section by Public Act 98-61
21		apply to a minor who has been arrested or taken into custody on
22		or after January 1, 2014 (the effective date of Public Act
23		98-61).
24		(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; revised
25		10-6-16.)

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1		(705 ILCS 405/5-710)
2		Sec. 5-710. Kinds of sentencing orders.
3		(1) The following kinds of sentencing orders may be made in
4		respect of wards of the court:
5		(a) Except as provided in Sections 5-805, 5-810, 5-815,
6		a minor who is found guilty under Section 5-620 may be:
7		(i) put on probation or conditional discharge and
8		released to his or her parents, guardian or legal
9		custodian, provided, however, that any such minor who
10		is not committed to the Department of Juvenile Justice
11		under this subsection and who is found to be a
12		delinquent for an offense which is first degree murder,
13		a Class X felony, or a forcible felony shall be placed
14		on probation;
15		(ii) placed in accordance with Section 5-740, with
16		or without also being put on probation or conditional
17		discharge;
18		(iii) required to undergo a substance abuse
19		assessment conducted by a licensed provider and
20		participate in the indicated clinical level of care;
21		(iv) on and after the effective date of this
22		amendatory Act of the 98th General Assembly and before
23		January 1, 2017, placed in the guardianship of the
24		Department of Children and Family Services, but only if
25		the delinquent minor is under 16 years of age or,
26		pursuant to Article II of this Act, a minor for whom an

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1		independent basis of abuse, neglect, or dependency
2		exists. On and after January 1, 2017, placed in the
3		guardianship of the Department of Children and Family
4		Services, but only if the delinquent minor is under 15
5		years of age or, pursuant to Article II of this Act, a
6		minor for whom an independent basis of abuse, neglect,
7		or dependency exists. An independent basis exists when
8		the allegations or adjudication of abuse, neglect, or
9		dependency do not arise from the same facts, incident,
10		or circumstances which give rise to a charge or
11		adjudication of delinquency;
12		(v) placed in detention for a period not to exceed
13		30 days, either as the exclusive order of disposition
14		or, where appropriate, in conjunction with any other
15		order of disposition issued under this paragraph,
16		provided that any such detention shall be in a juvenile
17		detention home and the minor so detained shall be 10
18		years of age or older. However, the 30-day limitation
19		may be extended by further order of the court for a
20		minor under age 15 committed to the Department of
21		Children and Family Services if the court finds that
22		the minor is a danger to himself or others. The minor
23		shall be given credit on the sentencing order of
24		detention for time spent in detention under Sections
25		5-501, 5-601, 5-710, or 5-720 of this Article as a
26		result of the offense for which the sentencing order

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1		was imposed. The court may grant credit on a sentencing
2		order of detention entered under a violation of
3		probation or violation of conditional discharge under
4		Section 5-720 of this Article for time spent in
5		detention before the filing of the petition alleging
6		the violation. A minor shall not be deprived of credit
7		for time spent in detention before the filing of a
8		violation of probation or conditional discharge
9		alleging the same or related act or acts. The
10		limitation that the minor shall only be placed in a
11		juvenile detention home does not apply as follows:
12		Persons 18 years of age and older who have a
13		petition of delinquency filed against them may be
14		confined in an adult detention facility. In making a
15		determination whether to confine a person 18 years of
16		age or older who has a petition of delinquency filed
17		against the person, these factors, among other
18		matters, shall be considered:
19		(A) the age of the person;
20		(B) any previous delinquent or criminal
21		history of the person;
22		(C) any previous abuse or neglect history of
23		the person;
24		(D) any mental health history of the person;
25		and
26		(E) any educational history of the person;

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1		(vi) ordered partially or completely emancipated
2		in accordance with the provisions of the Emancipation
3		of Minors Act;
4		(vii) subject to having his or her driver's license
5		or driving privileges suspended for such time as
6		determined by the court but only until he or she
7		attains 18 years of age;
8		(viii) put on probation or conditional discharge
9		and placed in detention under Section 3-6039 of the
10		Counties Code for a period not to exceed the period of
11		incarceration permitted by law for adults found guilty
12		of the same offense or offenses for which the minor was
13		adjudicated delinquent, and in any event no longer than
14		upon attainment of age 21; this subdivision (viii)
15		notwithstanding any contrary provision of the law;
16		(ix) ordered to undergo a medical or other
17		procedure to have a tattoo symbolizing allegiance to a
18		street gang removed from his or her body; or
19		(x) placed in electronic home detention under Part
20		7A of this Article.
21		(b) A minor found to be guilty may be committed to the
22		Department of Juvenile Justice under Section 5-750 if the
23		minor is at least 13 years and under 20 years of age,
24		provided that the commitment to the Department of Juvenile
25		Justice shall be made only if the minor was found guilty of
26		a felony offense or first degree murder. The court shall

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1		include in the sentencing order any pre-custody credits the
2		minor is entitled to under Section 5-4.5-100 of the Unified
3		Code of Corrections. The time during which a minor is in
4		custody before being released upon the request of a parent,
5		guardian or legal custodian shall also be considered as
6		time spent in custody.
7		(c) When a minor is found to be guilty for an offense
8		which is a violation of the Illinois Controlled Substances
9		Act, the Cannabis Control Act, or the Methamphetamine
10		Control and Community Protection Act and made a ward of the
11		court, the court may enter a disposition order requiring
12		the minor to undergo assessment, counseling or treatment in
13		a substance abuse program approved by the Department of
14		Human Services.
15		(2) Any sentencing order other than commitment to the
16		Department of Juvenile Justice may provide for protective
17		supervision under Section 5-725 and may include an order of
18		protection under Section 5-730.
19		(3) Unless the sentencing order expressly so provides, it
20		does not operate to close proceedings on the pending petition,
21		but is subject to modification until final closing and
22		discharge of the proceedings under Section 5-750.
23		(4) In addition to any other sentence, the court may order
24		any minor found to be delinquent to make restitution, in
25		monetary or non-monetary form, under the terms and conditions
26		of Section 5-5-6 of the Unified Code of Corrections, except

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1		that the "presentencing hearing" referred to in that Section
2		shall be the sentencing hearing for purposes of this Section.
3		The parent, guardian or legal custodian of the minor may be
4		ordered by the court to pay some or all of the restitution on
5		the minor's behalf, pursuant to the Parental Responsibility
6		Law. The State's Attorney is authorized to act on behalf of any
7		victim in seeking restitution in proceedings under this
8		Section, up to the maximum amount allowed in Section 5 of the
9		Parental Responsibility Law.
10		(5) Any sentencing order where the minor is committed or
11		placed in accordance with Section 5-740 shall provide for the
12		parents or guardian of the estate of the minor to pay to the
13		legal custodian or guardian of the person of the minor such
14		sums as are determined by the custodian or guardian of the
15		person of the minor as necessary for the minor's needs. The
16		payments may not exceed the maximum amounts provided for by
17		Section 9.1 of the Children and Family Services Act.
18		(6) Whenever the sentencing order requires the minor to
19		attend school or participate in a program of training, the
20		truant officer or designated school official shall regularly
21		report to the court if the minor is a chronic or habitual
22		truant under Section 26-2a of the School Code. Notwithstanding
23		any other provision of this Act, in instances in which
24		educational services are to be provided to a minor in a
25		residential facility where the minor has been placed by the
26		court, costs incurred in the provision of those educational

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1		services must be allocated based on the requirements of the
2		School Code.
3		(7) In no event shall a guilty minor be committed to the
4		Department of Juvenile Justice for a period of time in excess
5		of that period for which an adult could be committed for the
6		same act. The court shall include in the sentencing order a
7		limitation on the period of confinement not to exceed the
8		maximum period of imprisonment the court could impose under
9		Article V of the Unified Code of Corrections.
10		(7.5) In no event shall a guilty minor be committed to the
11		Department of Juvenile Justice or placed in detention when the
12		act for which the minor was adjudicated delinquent would not be
13		illegal if committed by an adult.
14		(7.6) In no event shall a guilty minor be committed to the
15		Department of Juvenile Justice for an offense which is a Class
16		4 felony under Section 19-4 (criminal trespass to a residence),
17		21-1 (criminal damage to property), 21-1.01 (criminal damage to
18		government supported property), 21-1.3 (criminal defacement of
19		property), 26-1 (disorderly conduct), or 31-4 (obstructing
20		justice), of the Criminal Code of 2012.
21		(7.75) In no event shall a guilty minor be committed to the
22		Department of Juvenile Justice for an offense that is a Class 3
23		or Class 4 felony violation of the Illinois Controlled
24		Substances Act unless the commitment occurs upon a third or
25		subsequent judicial finding of a violation of probation for
26		substantial noncompliance with court-ordered court ordered

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1		treatment or programming.
2		(8) A minor found to be guilty for reasons that include a
3		violation of Section 21-1.3 of the Criminal Code of 1961 or the
4		Criminal Code of 2012 shall be ordered to perform community
5		service for not less than 30 and not more than 120 hours, if
6		community service is available in the jurisdiction. The
7		community service shall include, but need not be limited to,
8		the cleanup and repair of the damage that was caused by the
9		violation or similar damage to property located in the
10		municipality or county in which the violation occurred. The
11		order may be in addition to any other order authorized by this
12		Section.
13		(8.5) A minor found to be guilty for reasons that include a
14		violation of Section 3.02 or Section 3.03 of the Humane Care
15		for Animals Act or paragraph (d) of subsection (1) of Section
16		21-1 of the Criminal Code of 1961 or paragraph (4) of
17		subsection (a) of Section 21-1 of the Criminal Code of 2012
18		shall be ordered to undergo medical or psychiatric treatment
19		rendered by a psychiatrist or psychological treatment rendered
20		by a clinical psychologist. The order may be in addition to any
21		other order authorized by this Section.
22		(9) In addition to any other sentencing order, the court
23		shall order any minor found to be guilty for an act which would
24		constitute, predatory criminal sexual assault of a child,
25		aggravated criminal sexual assault, criminal sexual assault,
26		aggravated criminal sexual abuse, or criminal sexual abuse if

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1		committed by an adult to undergo medical testing to determine
2		whether the defendant has any sexually transmissible disease
3		including a test for infection with human immunodeficiency
4		virus (HIV) or any other identified causative agency of
5		acquired immunodeficiency syndrome (AIDS). Any medical test
6		shall be performed only by appropriately licensed medical
7		practitioners and may include an analysis of any bodily fluids
8		as well as an examination of the minor's person. Except as
9		otherwise provided by law, the results of the test shall be
10		kept strictly confidential by all medical personnel involved in
11		the testing and must be personally delivered in a sealed
12		envelope to the judge of the court in which the sentencing
13		order was entered for the judge's inspection in camera. Acting
14		in accordance with the best interests of the victim and the
15		public, the judge shall have the discretion to determine to
16		whom the results of the testing may be revealed. The court
17		shall notify the minor of the results of the test for infection
18		with the human immunodeficiency virus (HIV). The court shall
19		also notify the victim if requested by the victim, and if the
20		victim is under the age of 15 and if requested by the victim's
21		parents or legal guardian, the court shall notify the victim's
22		parents or the legal guardian, of the results of the test for
23		infection with the human immunodeficiency virus (HIV). The
24		court shall provide information on the availability of HIV
25		testing and counseling at the Department of Public Health
26		facilities to all parties to whom the results of the testing

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1		are revealed. The court shall order that the cost of any test
2		shall be paid by the county and may be taxed as costs against
3		the minor.
4		(10) When a court finds a minor to be guilty the court
5		shall, before entering a sentencing order under this Section,
6		make a finding whether the offense committed either: (a) was
7		related to or in furtherance of the criminal activities of an
8		organized gang or was motivated by the minor's membership in or
9		allegiance to an organized gang, or (b) involved a violation of
10		subsection (a) of Section 12-7.1 of the Criminal Code of 1961
11		or the Criminal Code of 2012, a violation of any Section of
12		Article 24 of the Criminal Code of 1961 or the Criminal Code of
13		2012, or a violation of any statute that involved the wrongful
14		use of a firearm. If the court determines the question in the
15		affirmative, and the court does not commit the minor to the
16		Department of Juvenile Justice, the court shall order the minor
17		to perform community service for not less than 30 hours nor
18		more than 120 hours, provided that community service is
19		available in the jurisdiction and is funded and approved by the
20		county board of the county where the offense was committed. The
21		community service shall include, but need not be limited to,
22		the cleanup and repair of any damage caused by a violation of
23		Section 21-1.3 of the Criminal Code of 1961 or the Criminal
24		Code of 2012 and similar damage to property located in the
25		municipality or county in which the violation occurred. When
26		possible and reasonable, the community service shall be

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1		performed in the minor's neighborhood. This order shall be in
2		addition to any other order authorized by this Section except
3		for an order to place the minor in the custody of the
4		Department of Juvenile Justice. For the purposes of this
5		Section, "organized gang" has the meaning ascribed to it in
6		Section 10 of the Illinois Streetgang Terrorism Omnibus
7		Prevention Act.
8		(11) If the court determines that the offense was committed
9		in furtherance of the criminal activities of an organized gang,
10		as provided in subsection (10), and that the offense involved
11		the operation or use of a motor vehicle or the use of a
12		driver's license or permit, the court shall notify the
13		Secretary of State of that determination and of the period for
14		which the minor shall be denied driving privileges. If, at the
15		time of the determination, the minor does not hold a driver's
16		license or permit, the court shall provide that the minor shall
17		not be issued a driver's license or permit until his or her
18		18th birthday. If the minor holds a driver's license or permit
19		at the time of the determination, the court shall provide that
20		the minor's driver's license or permit shall be revoked until
21		his or her 21st birthday, or until a later date or occurrence
22		determined by the court. If the minor holds a driver's license
23		at the time of the determination, the court may direct the
24		Secretary of State to issue the minor a judicial driving
25		permit, also known as a JDP. The JDP shall be subject to the
26		same terms as a JDP issued under Section 6-206.1 of the

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1		Illinois Vehicle Code, except that the court may direct that
2		the JDP be effective immediately.
3		(12) If a minor is found to be guilty of a violation of
4		subsection (a-7) of Section 1 of the Prevention of Tobacco Use
5		by Minors Act, the court may, in its discretion, and upon
6		recommendation by the State's Attorney, order that minor and
7		his or her parents or legal guardian to attend a smoker's
8		education or youth diversion program as defined in that Act if
9		that program is available in the jurisdiction where the
10		offender resides. Attendance at a smoker's education or youth
11		diversion program shall be time-credited against any community
12		service time imposed for any first violation of subsection
13		(a-7) of Section 1 of that Act. In addition to any other
14		penalty that the court may impose for a violation of subsection
15		(a-7) of Section 1 of that Act, the court, upon request by the
16		State's Attorney, may in its discretion require the offender to
17		remit a fee for his or her attendance at a smoker's education
18		or youth diversion program.
19		For purposes of this Section, "smoker's education program"
20		or "youth diversion program" includes, but is not limited to, a
21		seminar designed to educate a person on the physical and
22		psychological effects of smoking tobacco products and the
23		health consequences of smoking tobacco products that can be
24		conducted with a locality's youth diversion program.
25		In addition to any other penalty that the court may impose
26		under this subsection (12):

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1		(a) If a minor violates subsection (a-7) of Section 1
2		of the Prevention of Tobacco Use by Minors Act, the court
3		may impose a sentence of 15 hours of community service or a
4		fine of $25 for a first violation.
5		(b) A second violation by a minor of subsection (a-7)
6		of Section 1 of that Act that occurs within 12 months after
7		the first violation is punishable by a fine of $50 and 25
8		hours of community service.
9		(c) A third or subsequent violation by a minor of
10		subsection (a-7) of Section 1 of that Act that occurs
11		within 12 months after the first violation is punishable by
12		a $100 fine and 30 hours of community service.
13		(d) Any second or subsequent violation not within the
14		12-month time period after the first violation is
15		punishable as provided for a first violation.
16		(Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15;
17		99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879, eff. 1-1-17;
18		revised 9-2-16.)
19		(705 ILCS 405/5-745)
20		Sec. 5-745. Court review.
21		(1) The court may require any legal custodian or guardian
22		of the person appointed under this Act, including the
23		Department of Juvenile Justice for youth committed under
24		Section 5-750 of this Act, to report periodically to the court
25		or may cite him or her into court and require him or her, or his

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1		or her agency, to make a full and accurate report of his or her
2		or its doings in behalf of the minor, including efforts to
3		secure post-release placement of the youth after release from
4		the Department's facilities. The legal custodian or guardian,
5		within 10 days after the citation, shall make the report,
6		either in writing verified by affidavit or orally under oath in
7		open court, or otherwise as the court directs. Upon the hearing
8		of the report the court may remove the legal custodian or
9		guardian and appoint another in his or her stead or restore the
10		minor to the custody of his or her parents or former guardian
11		or legal custodian.
12		(2) If the Department of Children and Family Services is
13		appointed legal custodian or guardian of a minor under Section
14		5-740 of this Act, the Department of Children and Family
15		Services Section 5-740 of shall file updated case plans with
16		the court every 6 months. Every agency which has guardianship
17		of a child shall file a supplemental petition for court review,
18		or review by an administrative body appointed or approved by
19		the court and further order within 18 months of the sentencing
20		order and each 18 months thereafter. The petition shall state
21		facts relative to the child's present condition of physical,
22		mental and emotional health as well as facts relative to his or
23		her present custodial or foster care. The petition shall be set
24		for hearing and the clerk shall mail 10 days notice of the
25		hearing by certified mail, return receipt requested, to the
26		person or agency having the physical custody of the child, the

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1		minor and other interested parties unless a written waiver of
2		notice is filed with the petition.
3		If the minor is in the custody of the Illinois Department
4		of Children and Family Services, pursuant to an order entered
5		under this Article, the court shall conduct permanency hearings
6		as set out in subsections (1), (2), and (3) of Section 2-28 of
7		Article II of this Act.
8		Rights of wards of the court under this Act are enforceable
9		against any public agency by complaints for relief by mandamus
10		filed in any proceedings brought under this Act.
11		(3) The minor or any person interested in the minor may
12		apply to the court for a change in custody of the minor and the
13		appointment of a new custodian or guardian of the person or for
14		the restoration of the minor to the custody of his or her
15		parents or former guardian or custodian. In the event that the
16		minor has attained 18 years of age and the guardian or
17		custodian petitions the court for an order terminating his or
18		her guardianship or custody, guardianship or legal custody
19		shall terminate automatically 30 days after the receipt of the
20		petition unless the court orders otherwise. No legal custodian
21		or guardian of the person may be removed without his or her
22		consent until given notice and an opportunity to be heard by
23		the court.
24		(4) If the minor is committed to the Department of Juvenile
25		Justice under Section 5-750 of this Act, the Department shall
26		notify the court in writing of the occurrence of any of the

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1		following:
2		(a) a critical incident involving a youth committed to
3		the Department; as used in this paragraph (a), "critical
4		incident" means any incident that involves a serious risk
5		to the life, health, or well-being of the youth and
6		includes, but is not limited to, an accident or suicide
7		attempt resulting in serious bodily harm or
8		hospitalization, psychiatric hospitalization, alleged or
9		suspected abuse, or escape or attempted escape from
10		custody, filed within 10 days of the occurrence;
11		(b) a youth who has been released by the Prisoner
12		Review Board but remains in a Department facility solely
13		because the youth does not have an approved aftercare
14		release host site, filed within 10 days of the occurrence;
15		(c) a youth, except a youth who has been adjudicated a
16		habitual or violent juvenile offender under Section 5-815
17		or 5-820 of this Act or committed for first degree murder,
18		who has been held in a Department facility for over one
19		consecutive year; or
20		(d) if a report has been filed under paragraph (c) of
21		this subsection, a supplemental report shall be filed every
22		6 months thereafter.
23		The notification required by this subsection (4) shall contain
24		a brief description of the incident or situation and a summary
25		of the youth's current physical, mental, and emotional health
26		and the actions the Department took in response to the incident

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1		or to identify an aftercare release host site, as applicable.
2		Upon receipt of the notification, the court may require the
3		Department to make a full report under subsection (1) of this
4		Section.
5		(5) With respect to any report required to be filed with
6		the court under this Section, the Independent Juvenile
7		Ombudsman shall provide a copy to the minor's court appointed
8		guardian ad litem, if the Department has received written
9		notice of the appointment, and to the minor's attorney, if the
10		Department has received written notice of representation from
11		the attorney. If the Department has a record that a guardian
12		has been appointed for the minor and a record of the last known
13		address of the minor's court appointed guardian, the
14		Independent Juvenile Ombudsman shall send a notice to the
15		guardian that the report is available and will be provided by
16		the Independent Juvenile Ombudsman upon request. If the
17		Department has no record regarding the appointment of a
18		guardian for the minor, and the Department's records include
19		the last known addresses of the minor's parents, the
20		Independent Juvenile Ombudsman shall send a notice to the
21		parents that the report is available and will be provided by
22		the Independent Juvenile Ombudsman upon request.
23		(Source: P.A. 99-628, eff. 1-1-17; 99-664, eff. 1-1-17; revised
24		10-11-16.)
25		(705 ILCS 405/5-7A-115)

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1		Sec. 5-7A-115. Program description. The supervising
2		authority may promulgate rules that prescribe reasonable
3		guidelines under which an electronic home detention program
4		shall operate. These rules shall include, but not be limited,
5		to, the following:
6		(A) The participant shall remain within the interior
7		premises or within the property boundaries of his or her
8		residence at all times during the hours designated by the
9		supervising authority. Such instances of approved absences
10		from the home may include, but are not limited to, the
11		following:
12		(1) working or employment approved by the court or
13		traveling to or from approved employment;
14		(2) unemployed and seeking employment approved for
15		the participant by the court;
16		(3) undergoing medical, psychiatric, mental health
17		treatment, counseling, or other treatment programs
18		approved for the participant by the court;
19		(4) attending an educational institution or a
20		program approved for the participant by the court;
21		(5) attending a regularly scheduled religious
22		service at a place of worship;
23		(6) participating in community work release or
24		community service programs approved for the
25		participant by the supervising authority; or
26		(7) for another compelling reason consistent with

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1		the public interest, as approved by the supervising
2		authority.
3		(B) The participant shall admit any person or agent
4		designated by the supervising authority into his or her
5		residence at any time for purposes of verifying the
6		participant's compliance with the conditions of his or her
7		detention.
8		(C) The participant shall make the necessary
9		arrangements to allow for any person or agent designated by
10		the supervising authority to visit the participant's place
11		of education or employment at any time, based upon the
12		approval of the educational institution or employer or
13		both, for the purpose of verifying the participant's
14		compliance with the conditions of his or her detention.
15		(D) The participant shall acknowledge and participate
16		with the approved electronic monitoring device as
17		designated by the supervising authority at any time for the
18		purpose of verifying the participant's compliance with the
19		conditions of his or her detention.
20		(E) The participant shall maintain the following:
21		(1) a working telephone in the participant's home;
22		(2) a monitoring device in the participant's home,
23		or on the participant's person, or both; and
24		(3) a monitoring device in the participant's home
25		and on the participant's person in the absence of a
26		telephone.

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1		(F) The participant shall obtain approval from the
2		supervising authority before the participant changes
3		residence or the schedule described in paragraph (A) of
4		this Section.
5		(G) The participant shall not commit another act that
6		if committed by an adult would constitute a crime during
7		the period of home detention ordered by the court.
8		(H) Notice to the participant that violation of the
9		order for home detention may subject the participant to an
10		adjudicatory hearing for escape as described in Section
11		5-7A-120.
12		(I) The participant shall abide by other conditions as
13		set by the supervising authority.
14		(Source: P.A. 96-293, eff. 1-1-10; revised 10-25-16.)
15		(705 ILCS 405/5-915)
16		Sec. 5-915. Expungement of juvenile law enforcement and
17		court records.
18		(0.05) For purposes of this Section and Section 5-622:
19		"Expunge" means to physically destroy the records and
20		to obliterate the minor's name from any official index or
21		public record, or both. Nothing in this Act shall require
22		the physical destruction of the internal office records,
23		files, or databases maintained by a State's Attorney's
24		Office or other prosecutor.
25		"Law enforcement record" includes but is not limited to

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1		records of arrest, station adjustments, fingerprints,
2		probation adjustments, the issuance of a notice to appear,
3		or any other records maintained by a law enforcement agency
4		relating to a minor suspected of committing an offense.
5		(1) Whenever a person has been arrested, charged, or
6		adjudicated delinquent for an incident occurring before his or
7		her 18th birthday that if committed by an adult would be an
8		offense, the person may petition the court at any time for
9		expungement of law enforcement records and juvenile court
10		records relating to the incident and, upon termination of all
11		juvenile court proceedings relating to that incident, the court
12		shall order the expungement of all records in the possession of
13		the Department of State Police, the clerk of the circuit court,
14		and law enforcement agencies relating to the incident, but only
15		in any of the following circumstances:
16		(a) the minor was arrested and no petition for
17		delinquency was filed with the clerk of the circuit court;
18		(a-5) the minor was charged with an offense and the
19		petition or petitions were dismissed without a finding of
20		delinquency;
21		(b) the minor was charged with an offense and was found
22		not delinquent of that offense;
23		(c) the minor was placed under supervision pursuant to
24		Section 5-615, and the order of supervision has since been
25		successfully terminated; or
26		(d) the minor was adjudicated for an offense which

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1		would be a Class B misdemeanor, Class C misdemeanor, or a
2		petty or business offense if committed by an adult.
3		(1.5) Commencing 180 days after January 1, 2015 (the
4		effective date of Public Act 98-637) this amendatory Act of the
5		98th General Assembly, the Department of State Police shall
6		automatically expunge, on or before January 1 of each year, a
7		person's law enforcement records which are not subject to
8		subsection (1) relating to incidents occurring before his or
9		her 18th birthday in the Department's possession or control and
10		which contains the final disposition which pertain to the
11		person when arrested as a minor if:
12		(a) the minor was arrested for an eligible offense and
13		no petition for delinquency was filed with the clerk of the
14		circuit court; and
15		(b) the person attained the age of 18 years during the
16		last calendar year; and
17		(c) since the date of the minor's most recent arrest,
18		at least 6 months have elapsed without an additional
19		arrest, filing of a petition for delinquency whether
20		related or not to a previous arrest, or filing of charges
21		not initiated by arrest.
22		The Department of State Police shall allow a person to use
23		the Access and Review process, established in the Department of
24		State Police, for verifying that his or her law enforcement
25		records relating to incidents occurring before his or her 18th
26		birthday eligible under this subsection have been expunged as

HB3855 Engrossed - 1247 - LRB100 05985 AMC 16014 b
1		provided in this subsection.
2		The Department of State Police shall provide by rule the
3		process for access, review, and automatic expungement.
4		(1.6) Commencing on January 1, 2015 (the effective date of
5		Public Act 98-637) this amendatory Act of the 98th General
6		Assembly, a person whose law enforcement records are not
7		subject to subsection (1) or (1.5) of this Section and who has
8		attained the age of 18 years may use the Access and Review
9		process, established in the Department of State Police, for
10		verifying his or her law enforcement records relating to
11		incidents occurring before his or her 18th birthday in the
12		Department's possession or control which pertain to the person
13		when arrested as a minor, if the incident occurred no earlier
14		than 30 years before January 1, 2015 (the effective date of
15		Public Act 98-637) this amendatory Act of the 98th General
16		Assembly. If the person identifies a law enforcement record of
17		an eligible offense that meets the requirements of this
18		subsection, paragraphs (a) and (c) of subsection (1.5) of this
19		Section, and all juvenile court proceedings related to the
20		person have been terminated, the person may file a Request for
21		Expungement of Juvenile Law Enforcement Records, in the form
22		and manner prescribed by the Department of State Police, with
23		the Department and the Department shall consider expungement of
24		the record as otherwise provided for automatic expungement
25		under subsection (1.5) of this Section. The person shall
26		provide notice and a copy of the Request for Expungement of

HB3855 Engrossed - 1248 - LRB100 05985 AMC 16014 b
1		Juvenile Law Enforcement Records to the arresting agency,
2		prosecutor charged with the prosecution of the minor, or the
3		State's Attorney of the county that prosecuted the minor. The
4		Department of State Police shall provide by rule the process
5		for access, review, and Request for Expungement of Juvenile Law
6		Enforcement Records.
7		(1.7) Nothing in subsections (1.5) and (1.6) of this
8		Section precludes a person from filing a petition under
9		subsection (1) for expungement of records subject to automatic
10		expungement under that subsection (1) or subsection (1.5) or
11		(1.6) of this Section.
12		(1.8) For the purposes of subsections (1.5) and (1.6) of
13		this Section, "eligible offense" means records relating to an
14		arrest or incident occurring before the person's 18th birthday
15		that if committed by an adult is not an offense classified as a
16		Class 2 felony or higher offense, an offense under Article 11
17		of the Criminal Code of 1961 or the Criminal Code of 2012, or
18		an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16
19		of the Criminal Code of 1961.
20		(2) Any person may petition the court to expunge all law
21		enforcement records relating to any incidents occurring before
22		his or her 18th birthday which did not result in proceedings in
23		criminal court and all juvenile court records with respect to
24		any adjudications except those based upon first degree murder
25		and sex offenses which would be felonies if committed by an
26		adult, if the person for whom expungement is sought has had no

HB3855 Engrossed - 1249 - LRB100 05985 AMC 16014 b
1		convictions for any crime since his or her 18th birthday and:
2		(a) has attained the age of 21 years; or
3		(b) 5 years have elapsed since all juvenile court
4		proceedings relating to him or her have been terminated or
5		his or her commitment to the Department of Juvenile Justice
6		pursuant to this Act has been terminated;
7		whichever is later of (a) or (b). Nothing in this Section 5-915
8		precludes a minor from obtaining expungement under Section
9		5-622.
10		(2.5) If a minor is arrested and no petition for
11		delinquency is filed with the clerk of the circuit court as
12		provided in paragraph (a) of subsection (1) at the time the
13		minor is released from custody, the youth officer, if
14		applicable, or other designated person from the arresting
15		agency, shall notify verbally and in writing to the minor or
16		the minor's parents or guardians that the minor has a right to
17		petition to have his or her arrest record expunged when all
18		juvenile court proceedings relating to that minor have been
19		terminated and that unless a petition to expunge is filed, the
20		minor shall have an arrest record and shall provide the minor
21		and the minor's parents or guardians with an expungement
22		information packet, including a petition to expunge juvenile
23		records obtained from the clerk of the circuit court.
24		(2.6) If a minor is charged with an offense and is found
25		not delinquent of that offense; or if a minor is placed under
26		supervision under Section 5-615, and the order of supervision

HB3855 Engrossed - 1250 - LRB100 05985 AMC 16014 b
1		is successfully terminated; or if a minor is adjudicated for an
2		offense that would be a Class B misdemeanor, a Class C
3		misdemeanor, or a business or petty offense if committed by an
4		adult; or if a minor has incidents occurring before his or her
5		18th birthday that have not resulted in proceedings in criminal
6		court, or resulted in proceedings in juvenile court, and the
7		adjudications were not based upon first degree murder or sex
8		offenses that would be felonies if committed by an adult; then
9		at the time of sentencing or dismissal of the case, the judge
10		shall inform the delinquent minor of his or her right to
11		petition for expungement as provided by law, and the clerk of
12		the circuit court shall provide an expungement information
13		packet to the delinquent minor, written in plain language,
14		including a petition for expungement, a sample of a completed
15		petition, expungement instructions that shall include
16		information informing the minor that (i) once the case is
17		expunged, it shall be treated as if it never occurred, (ii) he
18		or she may apply to have petition fees waived, (iii) once he or
19		she obtains an expungement, he or she may not be required to
20		disclose that he or she had a juvenile record, and (iv) he or
21		she may file the petition on his or her own or with the
22		assistance of an attorney. The failure of the judge to inform
23		the delinquent minor of his or her right to petition for
24		expungement as provided by law does not create a substantive
25		right, nor is that failure grounds for: (i) a reversal of an
26		adjudication of delinquency, (ii) a new trial; or (iii) an

HB3855 Engrossed - 1251 - LRB100 05985 AMC 16014 b
1		appeal.
2		(2.7) For counties with a population over 3,000,000, the
3		clerk of the circuit court shall send a "Notification of a
4		Possible Right to Expungement" post card to the minor at the
5		address last received by the clerk of the circuit court on the
6		date that the minor attains the age of 18 based on the
7		birthdate provided to the court by the minor or his or her
8		guardian in cases under paragraphs (b), (c), and (d) of
9		subsection (1); and when the minor attains the age of 21 based
10		on the birthdate provided to the court by the minor or his or
11		her guardian in cases under subsection (2).
12		(2.8) The petition for expungement for subsection (1) may
13		include multiple offenses on the same petition and shall be
14		substantially in the following form:
15		IN THE CIRCUIT COURT OF ......, ILLINOIS
16		........ JUDICIAL CIRCUIT
17		IN THE INTEREST OF ) NO.
18		)
19		)
20		...................)
21		(Name of Petitioner)
22		PETITION TO EXPUNGE JUVENILE RECORDS
23		(705 ILCS 405/5-915 (SUBSECTION 1))
24		Now comes ............., petitioner, and respectfully requests

HB3855 Engrossed - 1252 - LRB100 05985 AMC 16014 b
1		that this Honorable Court enter an order expunging all juvenile
2		law enforcement and court records of petitioner and in support
3		thereof states that: Petitioner has attained the age of ....,
4		his/her birth date being ......, or all Juvenile Court
5		proceedings terminated as of ......, whichever occurred later.
6		Petitioner was arrested on ..... by the ....... Police
7		Department for the offense or offenses of ......., and:
8		(Check All That Apply:)
9		( ) a. no petition or petitions were filed with the Clerk of
10		the Circuit Court.
11		( ) b. was charged with ...... and was found not delinquent of
12		the offense or offenses.
13		( ) c. a petition or petitions were filed and the petition or
14		petitions were dismissed without a finding of delinquency on
15		.....
16		( ) d. on ....... placed under supervision pursuant to Section
17		5-615 of the Juvenile Court Act of 1987 and such order of
18		supervision successfully terminated on ........
19		( ) e. was adjudicated for the offense or offenses, which would
20		have been a Class B misdemeanor, a Class C misdemeanor, or a
21		petty offense or business offense if committed by an adult.
22		Petitioner .... has .... has not been arrested on charges in
23		this or any county other than the charges listed above. If
24		petitioner has been arrested on additional charges, please list
25		the charges below:
26		Charge(s): ......

HB3855 Engrossed - 1253 - LRB100 05985 AMC 16014 b
1		Arresting Agency or Agencies: ...........
2		Disposition/Result: (choose from a. through e., above): .....
3		WHEREFORE, the petitioner respectfully requests this Honorable
4		Court to (1) order all law enforcement agencies to expunge all
5		records of petitioner to this incident or incidents, and (2) to
6		order the Clerk of the Court to expunge all records concerning
7		the petitioner regarding this incident or incidents.
8		......................
9		Petitioner (Signature)
10		..........................
11		Petitioner's Street Address
12		.....................
13		City, State, Zip Code
14		.............................
15		Petitioner's Telephone Number
16		Pursuant to the penalties of perjury under the Code of Civil
17		Procedure, 735 ILCS 5/1-109, I hereby certify that the
18		statements in this petition are true and correct, or on
19		information and belief I believe the same to be true.
20		......................

HB3855 Engrossed - 1254 - LRB100 05985 AMC 16014 b
1		Petitioner (Signature)
2		The Petition for Expungement for subsection (2) shall be
3		substantially in the following form:
4		IN THE CIRCUIT COURT OF ........, ILLINOIS
5		........ JUDICIAL CIRCUIT
6		IN THE INTEREST OF ) NO.
7		)
8		)
9		...................)
10		(Name of Petitioner)
11		PETITION TO EXPUNGE JUVENILE RECORDS
12		(705 ILCS 405/5-915 (SUBSECTION 2))
13		(Please prepare a separate petition for each offense)
14		Now comes ............, petitioner, and respectfully requests
15		that this Honorable Court enter an order expunging all Juvenile
16		Law Enforcement and Court records of petitioner and in support
17		thereof states that:
18		The incident for which the Petitioner seeks expungement
19		occurred before the Petitioner's 18th birthday and did not
20		result in proceedings in criminal court and the Petitioner has
21		not had any convictions for any crime since his/her 18th
22		birthday; and
23		The incident for which the Petitioner seeks expungement

HB3855 Engrossed - 1255 - LRB100 05985 AMC 16014 b
1		occurred before the Petitioner's 18th birthday and the
2		adjudication was not based upon first degree first-degree
3		murder or sex offenses which would be felonies if committed by
4		an adult, and the Petitioner has not had any convictions for
5		any crime since his/her 18th birthday.
6		Petitioner was arrested on ...... by the ....... Police
7		Department for the offense of ........, and:
8		(Check whichever one occurred the latest:)
9		( ) a. The Petitioner has attained the age of 21 years, his/her
10		birthday being .......; or
11		( ) b. 5 years have elapsed since all juvenile court
12		proceedings relating to the Petitioner have been terminated; or
13		the Petitioner's commitment to the Department of Juvenile
14		Justice pursuant to the expungement of juvenile law enforcement
15		and court records provisions of the Juvenile Court Act of 1987
16		has been terminated. Petitioner ...has ...has not been arrested
17		on charges in this or any other county other than the charge
18		listed above. If petitioner has been arrested on additional
19		charges, please list the charges below:
20		Charge(s): ..........
21		Arresting Agency or Agencies: .......
22		Disposition/Result: (choose from a or b, above): ..........
23		WHEREFORE, the petitioner respectfully requests this Honorable
24		Court to (1) order all law enforcement agencies to expunge all
25		records of petitioner related to this incident, and (2) to
26		order the Clerk of the Court to expunge all records concerning

HB3855 Engrossed - 1256 - LRB100 05985 AMC 16014 b
1		the petitioner regarding this incident.
2		.......................
3		Petitioner (Signature)
4		......................
5		Petitioner's Street Address
6		.....................
7		City, State, Zip Code
8		.............................
9		Petitioner's Telephone Number
10		Pursuant to the penalties of perjury under the Code of Civil
11		Procedure, 735 ILCS 5/1-109, I hereby certify that the
12		statements in this petition are true and correct, or on
13		information and belief I believe the same to be true.
14		......................
15		Petitioner (Signature)
16		(3) The chief judge of the circuit in which an arrest was
17		made or a charge was brought or any judge of that circuit
18		designated by the chief judge may, upon verified petition of a
19		person who is the subject of an arrest or a juvenile court
20		proceeding under subsection (1) or (2) of this Section, order
21		the law enforcement records or official court file, or both, to
22		be expunged from the official records of the arresting

HB3855 Engrossed - 1257 - LRB100 05985 AMC 16014 b
1		authority, the clerk of the circuit court and the Department of
2		State Police. The person whose records are to be expunged shall
3		petition the court using the appropriate form containing his or
4		her current address and shall promptly notify the clerk of the
5		circuit court of any change of address. Notice of the petition
6		shall be served upon the State's Attorney or prosecutor charged
7		with the duty of prosecuting the offense, the Department of
8		State Police, and the arresting agency or agencies by the clerk
9		of the circuit court. If an objection is filed within 45 days
10		of the notice of the petition, the clerk of the circuit court
11		shall set a date for hearing after the 45-day 45 day objection
12		period. At the hearing the court shall hear evidence on whether
13		the expungement should or should not be granted. Unless the
14		State's Attorney or prosecutor, the Department of State Police,
15		or an arresting agency objects to the expungement within 45
16		days of the notice, the court may enter an order granting
17		expungement. The clerk shall forward a certified copy of the
18		order to the Department of State Police and deliver a certified
19		copy of the order to the arresting agency.
20		(3.1) The Notice of Expungement shall be in substantially
21		the following form:
22		IN THE CIRCUIT COURT OF ....., ILLINOIS
23		.... JUDICIAL CIRCUIT
24		IN THE INTEREST OF ) NO.
25		)

HB3855 Engrossed - 1258 - LRB100 05985 AMC 16014 b
1		)
2		...................)
3		(Name of Petitioner)
4		NOTICE
5		TO: State's Attorney
6		TO: Arresting Agency
7
8		................
9		................
10
11		................
12		................
13		TO: Illinois State Police
14
15		.....................
16
17		.....................
18		ATTENTION: Expungement
19		You are hereby notified that on ....., at ....., in courtroom
20		..., located at ..., before the Honorable ..., Judge, or any
21		judge sitting in his/her stead, I shall then and there present
22		a Petition to Expunge Juvenile records in the above-entitled
23		matter, at which time and place you may appear.
24		......................
25		Petitioner's Signature

HB3855 Engrossed - 1259 - LRB100 05985 AMC 16014 b
1		...........................
2		Petitioner's Street Address
3		.....................
4		City, State, Zip Code
5		.............................
6		Petitioner's Telephone Number
7		PROOF OF SERVICE
8		On the ....... day of ......, 20..., I on oath state that I
9		served this notice and true and correct copies of the
10		above-checked documents by:
11		(Check One:)
12		delivering copies personally to each entity to whom they are
13		directed;
14		or
15		by mailing copies to each entity to whom they are directed by
16		depositing the same in the U.S. Mail, proper postage fully
17		prepaid, before the hour of 5:00 p.m., at the United States
18		Postal Depository located at .................
19		.........................................
20
21		Signature
22		Clerk of the Circuit Court or Deputy Clerk
23		Printed Name of Delinquent Minor/Petitioner: ....
24		Address: ........................................
25		Telephone Number: ...............................
26		(3.2) The Order of Expungement shall be in substantially

HB3855 Engrossed - 1260 - LRB100 05985 AMC 16014 b
1		the following form:
2		IN THE CIRCUIT COURT OF ....., ILLINOIS
3		.... JUDICIAL CIRCUIT
4		IN THE INTEREST OF ) NO.
5		)
6		)
7		...................)
8		(Name of Petitioner)
9		DOB ................
10		Arresting Agency/Agencies ......
11		ORDER OF EXPUNGEMENT
12		(705 ILCS 405/5-915 (SUBSECTION 3))
13		This matter having been heard on the petitioner's motion and
14		the court being fully advised in the premises does find that
15		the petitioner is indigent or has presented reasonable cause to
16		waive all costs in this matter, IT IS HEREBY ORDERED that:
17		( ) 1. Clerk of Court and Department of State Police costs
18		are hereby waived in this matter.
19		( ) 2. The Illinois State Police Bureau of Identification
20		and the following law enforcement agencies expunge all records
21		of petitioner relating to an arrest dated ...... for the
22		offense of ......
23		Law Enforcement Agencies:
24		.........................

HB3855 Engrossed - 1261 - LRB100 05985 AMC 16014 b
1		.........................
2		( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
3		Court expunge all records regarding the above-captioned case.
4		ENTER: ......................
5
6		JUDGE
7		DATED: .......
8		Name:
9		Attorney for:
10		Address: City/State/Zip:
11		Attorney Number:
12		(3.3) The Notice of Objection shall be in substantially the
13		following form:
14		IN THE CIRCUIT COURT OF ....., ILLINOIS
15		....................... JUDICIAL CIRCUIT
16		IN THE INTEREST OF ) NO.
17		)
18		)
19		...................)
20		(Name of Petitioner)
21		NOTICE OF OBJECTION
22		TO:(Attorney, Public Defender, Minor)
23		.................................
24		.................................

HB3855 Engrossed - 1262 - LRB100 05985 AMC 16014 b
1		TO:(Illinois State Police)
2		.................................
3		.................................
4		TO:(Clerk of the Court)
5		.................................
6		.................................
7		TO:(Judge)
8		.................................
9		.................................
10		TO:(Arresting Agency/Agencies)
11		.................................
12		.................................
13		ATTENTION: You are hereby notified that an objection has been
14		filed by the following entity regarding the above-named minor's
15		petition for expungement of juvenile records:
16		( ) State's Attorney's Office;
17		( ) Prosecutor (other than State's Attorney's Office) charged
18		with the duty of prosecuting the offense sought to be expunged;
19		( ) Department of Illinois State Police; or
20		( ) Arresting Agency or Agencies.
21		The agency checked above respectfully requests that this case
22		be continued and set for hearing on whether the expungement
23		should or should not be granted.
24		DATED: .......
25		Name:
26		Attorney For:

HB3855 Engrossed - 1263 - LRB100 05985 AMC 16014 b
1		Address:
2		City/State/Zip:
3		Telephone:
4		Attorney No.:
5		FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
6		This matter has been set for hearing on the foregoing
7		objection, on ...... in room ...., located at ....., before the
8		Honorable ....., Judge, or any judge sitting in his/her stead.
9		(Only one hearing shall be set, regardless of the number of
10		Notices of Objection received on the same case).
11		A copy of this completed Notice of Objection containing the
12		court date, time, and location, has been sent via regular U.S.
13		Mail to the following entities. (If more than one Notice of
14		Objection is received on the same case, each one must be
15		completed with the court date, time and location and mailed to
16		the following entities):
17		( ) Attorney, Public Defender or Minor;
18		( ) State's Attorney's Office;
19		( ) Prosecutor (other than State's Attorney's Office) charged
20		with the duty of prosecuting the offense sought to be expunged;
21		( ) Department of Illinois State Police; and
22		( ) Arresting agency or agencies.
23		Date: ......
24		Initials of Clerk completing this section: .....
25		(4) Upon entry of an order expunging records or files, the
26		offense, which the records or files concern shall be treated as

HB3855 Engrossed - 1264 - LRB100 05985 AMC 16014 b
1		if it never occurred. Law enforcement officers and other public
2		offices and agencies shall properly reply on inquiry that no
3		record or file exists with respect to the person.
4		(5) Records which have not been expunged are sealed, and
5		may be obtained only under the provisions of Sections 5-901,
6		5-905, and 5-915.
7		(6) Nothing in this Section shall be construed to prohibit
8		the maintenance of information relating to an offense after
9		records or files concerning the offense have been expunged if
10		the information is kept in a manner that does not enable
11		identification of the offender. This information may only be
12		used for statistical and bona fide research purposes.
13		(6.5) The Department of State Police or any employee of the
14		Department shall be immune from civil or criminal liability for
15		failure to expunge any records of arrest that are subject to
16		expungement under subsection (1.5) or (1.6) of this Section
17		because of inability to verify a record. Nothing in subsection
18		(1.5) or (1.6) of this Section shall create Department of State
19		Police liability or responsibility for the expungement of law
20		enforcement records it does not possess.
21		(7)(a) The State Appellate Defender shall establish,
22		maintain, and carry out, by December 31, 2004, a juvenile
23		expungement program to provide information and assistance to
24		minors eligible to have their juvenile records expunged.
25		(b) The State Appellate Defender shall develop brochures,
26		pamphlets, and other materials in printed form and through the

HB3855 Engrossed - 1265 - LRB100 05985 AMC 16014 b
1		agency's World Wide Web site. The pamphlets and other materials
2		shall include at a minimum the following information:
3		(i) An explanation of the State's juvenile expungement
4		process;
5		(ii) The circumstances under which juvenile
6		expungement may occur;
7		(iii) The juvenile offenses that may be expunged;
8		(iv) The steps necessary to initiate and complete the
9		juvenile expungement process; and
10		(v) Directions on how to contact the State Appellate
11		Defender.
12		(c) The State Appellate Defender shall establish and
13		maintain a statewide toll-free telephone number that a person
14		may use to receive information or assistance concerning the
15		expungement of juvenile records. The State Appellate Defender
16		shall advertise the toll-free telephone number statewide. The
17		State Appellate Defender shall develop an expungement
18		information packet that may be sent to eligible persons seeking
19		expungement of their juvenile records, which may include, but
20		is not limited to, a pre-printed expungement petition with
21		instructions on how to complete the petition and a pamphlet
22		containing information that would assist individuals through
23		the juvenile expungement process.
24		(d) The State Appellate Defender shall compile a statewide
25		list of volunteer attorneys willing to assist eligible
26		individuals through the juvenile expungement process.

HB3855 Engrossed - 1266 - LRB100 05985 AMC 16014 b
1		(e) This Section shall be implemented from funds
2		appropriated by the General Assembly to the State Appellate
3		Defender for this purpose. The State Appellate Defender shall
4		employ the necessary staff and adopt the necessary rules for
5		implementation of this Section.
6		(8)(a) Except with respect to law enforcement agencies, the
7		Department of Corrections, State's Attorneys, or other
8		prosecutors, an expunged juvenile record may not be considered
9		by any private or public entity in employment matters,
10		certification, licensing, revocation of certification or
11		licensure, or registration. Applications for employment must
12		contain specific language that states that the applicant is not
13		obligated to disclose expunged juvenile records of conviction
14		or arrest. Employers may not ask if an applicant has had a
15		juvenile record expunged. Effective January 1, 2005, the
16		Department of Labor shall develop a link on the Department's
17		website to inform employers that employers may not ask if an
18		applicant had a juvenile record expunged and that application
19		for employment must contain specific language that states that
20		the applicant is not obligated to disclose expunged juvenile
21		records of arrest or conviction.
22		(b) A person whose juvenile records have been expunged is
23		not entitled to remission of any fines, costs, or other money
24		paid as a consequence of expungement. Public Act 93-912 This
25		amendatory Act of the 93rd General Assembly does not affect the
26		right of the victim of a crime to prosecute or defend a civil

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1		action for damages.
2		(c) The expungement of juvenile records under Section 5-622
3		shall be funded by the additional fine imposed under Section
4		5-9-1.17 of the Unified Code of Corrections and additional
5		appropriations made by the General Assembly for such purpose.
6		(9) The changes made to this Section by Public Act 98-61
7		apply to law enforcement records of a minor who has been
8		arrested or taken into custody on or after January 1, 2014 (the
9		effective date of Public Act 98-61).
10		(10) The changes made in subsection (1.5) of this Section
11		by Public Act 98-637 this amendatory Act of the 98th General
12		Assembly apply to law enforcement records of a minor who has
13		been arrested or taken into custody on or after January 1,
14		2015. The changes made in subsection (1.6) of this Section by
15		Public Act 98-637 this amendatory Act of the 98th General
16		Assembly apply to law enforcement records of a minor who has
17		been arrested or taken into custody before January 1, 2015.
18		(Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756,
19		eff. 7-16-14; 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; revised
20		9-2-16.)
21		Section 665. The Criminal Code of 2012 is amended by
22		changing Sections 17-2, 24-1.6, 24-2, and 32-14 as follows:
23		(720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
24		Sec. 17-2. False personation; solicitation.

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1		(a) False personation; solicitation.
2		(1) A person commits a false personation when he or she
3		knowingly and falsely represents himself or herself to be a
4		member or representative of any veterans' or public safety
5		personnel organization or a representative of any
6		charitable organization, or when he or she knowingly
7		exhibits or uses in any manner any decal, badge or insignia
8		of any charitable, public safety personnel, or veterans'
9		organization when not authorized to do so by the
10		charitable, public safety personnel, or veterans'
11		organization. "Public safety personnel organization" has
12		the meaning ascribed to that term in Section 1 of the
13		Solicitation for Charity Act.
14		(2) A person commits a false personation when he or she
15		knowingly and falsely represents himself or herself to be a
16		veteran in seeking employment or public office. In this
17		paragraph, "veteran" means a person who has served in the
18		Armed Services or Reserve Forces of the United States.
19		(2.1) A person commits a false personation when he or
20		she knowingly and falsely represents himself or herself to
21		be:
22		(A) an active-duty member of the Armed Services or
23		Reserve Forces of the United States or the National
24		Guard or a veteran of the Armed Services or Reserve
25		Forces of the United States or the National Guard; and
26		(B) obtains money, property, or another tangible

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1		benefit through that false representation.
2		In this paragraph, "member of the Armed Services or
3		Reserve Forces of the United States" means a member of the
4		United States Navy, Army, Air Force, Marine Corps, or Coast
5		Guard; and "veteran" means a person who has served in the
6		Armed Services or Reserve Forces of the United States or
7		the National Guard.
8		(2.5) A person commits a false personation when he or
9		she knowingly and falsely represents himself or herself to
10		be:
11		(A) another actual person and does an act in such
12		assumed character with intent to intimidate, threaten,
13		injure, defraud, or to obtain a benefit from another;
14		or
15		(B) a representative of an actual person or
16		organization and does an act in such false capacity
17		with intent to obtain a benefit or to injure or defraud
18		another.
19		(3) No person shall knowingly use the words "Police",
20		"Police Department", "Patrolman", "Sergeant",
21		"Lieutenant", "Peace Officer", "Sheriff's Police",
22		"Sheriff", "Officer", "Law Enforcement", "Trooper",
23		"Deputy", "Deputy Sheriff", "State Police", or any other
24		words to the same effect (i) in the title of any
25		organization, magazine, or other publication without the
26		express approval of the named public safety personnel

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1		organization's governing board or (ii) in combination with
2		the name of any state, state agency, public university, or
3		unit of local government without the express written
4		authorization of that state, state agency, public
5		university, or unit of local government.
6		(4) No person may knowingly claim or represent that he
7		or she is acting on behalf of any public safety personnel
8		organization when soliciting financial contributions or
9		selling or delivering or offering to sell or deliver any
10		merchandise, goods, services, memberships, or
11		advertisements unless the chief of the police department,
12		fire department, and the corporate or municipal authority
13		thereof, or the sheriff has first entered into a written
14		agreement with the person or with an organization with
15		which the person is affiliated and the agreement permits
16		the activity and specifies and states clearly and fully the
17		purpose for which the proceeds of the solicitation,
18		contribution, or sale will be used.
19		(5) No person, when soliciting financial contributions
20		or selling or delivering or offering to sell or deliver any
21		merchandise, goods, services, memberships, or
22		advertisements may claim or represent that he or she is
23		representing or acting on behalf of any nongovernmental
24		organization by any name which includes "officer", "peace
25		officer", "police", "law enforcement", "trooper",
26		"sheriff", "deputy", "deputy sheriff", "State police", or

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1		any other word or words which would reasonably be
2		understood to imply that the organization is composed of
3		law enforcement personnel unless:
4		(A) the person is actually representing or acting
5		on behalf of the nongovernmental organization;
6		(B) the nongovernmental organization is controlled
7		by and governed by a membership of and represents a
8		group or association of active duty peace officers,
9		retired peace officers, or injured peace officers; and
10		(C) before commencing the solicitation or the sale
11		or the offers to sell any merchandise, goods, services,
12		memberships, or advertisements, a written contract
13		between the soliciting or selling person and the
14		nongovernmental organization, which specifies and
15		states clearly and fully the purposes for which the
16		proceeds of the solicitation, contribution, or sale
17		will be used, has been entered into.
18		(6) No person, when soliciting financial contributions
19		or selling or delivering or offering to sell or deliver any
20		merchandise, goods, services, memberships, or
21		advertisements, may knowingly claim or represent that he or
22		she is representing or acting on behalf of any
23		nongovernmental organization by any name which includes
24		the term "fireman", "fire fighter", "paramedic", or any
25		other word or words which would reasonably be understood to
26		imply that the organization is composed of fire fighter or

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1		paramedic personnel unless:
2		(A) the person is actually representing or acting
3		on behalf of the nongovernmental organization;
4		(B) the nongovernmental organization is controlled
5		by and governed by a membership of and represents a
6		group or association of active duty, retired, or
7		injured fire fighters (for the purposes of this
8		Section, "fire fighter" has the meaning ascribed to
9		that term in Section 2 of the Illinois Fire Protection
10		Training Act) or active duty, retired, or injured
11		emergency medical technicians - ambulance, emergency
12		medical technicians - intermediate, emergency medical
13		technicians - paramedic, ambulance drivers, or other
14		medical assistance or first aid personnel; and
15		(C) before commencing the solicitation or the sale
16		or delivery or the offers to sell or deliver any
17		merchandise, goods, services, memberships, or
18		advertisements, the soliciting or selling person and
19		the nongovernmental organization have entered into a
20		written contract that specifies and states clearly and
21		fully the purposes for which the proceeds of the
22		solicitation, contribution, or sale will be used.
23		(7) No person may knowingly claim or represent that he
24		or she is an airman, airline employee, airport employee, or
25		contractor at an airport in order to obtain the uniform,
26		identification card, license, or other identification

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1		paraphernalia of an airman, airline employee, airport
2		employee, or contractor at an airport.
3		(8) No person, firm, copartnership, or corporation
4		(except corporations organized and doing business under
5		the Pawners Societies Act) shall knowingly use a name that
6		contains in it the words "Pawners' Society".
7		(b) False personation; public officials and employees. A
8		person commits a false personation if he or she knowingly and
9		falsely represents himself or herself to be any of the
10		following:
11		(1) An attorney authorized to practice law for purposes
12		of compensation or consideration. This paragraph (b)(1)
13		does not apply to a person who unintentionally fails to pay
14		attorney registration fees established by Supreme Court
15		Rule.
16		(2) A public officer or a public employee or an
17		official or employee of the federal government.
18		(2.3) A public officer, a public employee, or an
19		official or employee of the federal government, and the
20		false representation is made in furtherance of the
21		commission of felony.
22		(2.7) A public officer or a public employee, and the
23		false representation is for the purpose of effectuating
24		identity theft as defined in Section 16-30 of this Code.
25		(3) A peace officer.
26		(4) A peace officer while carrying a deadly weapon.

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1		(5) A peace officer in attempting or committing a
2		felony.
3		(6) A peace officer in attempting or committing a
4		forcible felony.
5		(7) The parent, legal guardian, or other relation of a
6		minor child to any public official, public employee, or
7		elementary or secondary school employee or administrator.
8		(7.5) The legal guardian, including any representative
9		of a State or public guardian, of a person with a
10		disability appointed under Article XIa of the Probate Act
11		of 1975.
12		(8) A fire fighter.
13		(9) A fire fighter while carrying a deadly weapon.
14		(10) A fire fighter in attempting or committing a
15		felony.
16		(11) An emergency management worker of any
17		jurisdiction in this State.
18		(12) An emergency management worker of any
19		jurisdiction in this State in attempting or committing a
20		felony. For the purposes of this subsection (b), "emergency
21		management worker" has the meaning provided under Section
22		2-6.6 of this Code.
23		(b-5) The trier of fact may infer that a person falsely
24		represents himself or herself to be a public officer or a
25		public employee or an official or employee of the federal
26		government if the person:

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1		(1) wears or displays without authority any uniform,
2		badge, insignia, or facsimile thereof by which a public
3		officer or public employee or official or employee of the
4		federal government is lawfully distinguished; or
5		(2) falsely expresses by word or action that he or she
6		is a public officer or public employee or official or
7		employee of the federal government and is acting with
8		approval or authority of a public agency or department.
9		(c) Fraudulent advertisement of a corporate name.
10		(1) A company, association, or individual commits
11		fraudulent advertisement of a corporate name if he, she, or
12		it, not being incorporated, puts forth a sign or
13		advertisement and assumes, for the purpose of soliciting
14		business, a corporate name.
15		(2) Nothing contained in this subsection (c) prohibits
16		a corporation, company, association, or person from using a
17		divisional designation or trade name in conjunction with
18		its corporate name or assumed name under Section 4.05 of
19		the Business Corporation Act of 1983 or, if it is a member
20		of a partnership or joint venture, from doing partnership
21		or joint venture business under the partnership or joint
22		venture name. The name under which the joint venture or
23		partnership does business may differ from the names of the
24		members. Business may not be conducted or transacted under
25		that joint venture or partnership name, however, unless all
26		provisions of the Assumed Business Name Act have been

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1		complied with. Nothing in this subsection (c) permits a
2		foreign corporation to do business in this State without
3		complying with all Illinois laws regulating the doing of
4		business by foreign corporations. No foreign corporation
5		may conduct or transact business in this State as a member
6		of a partnership or joint venture that violates any
7		Illinois law regulating or pertaining to the doing of
8		business by foreign corporations in Illinois.
9		(3) The provisions of this subsection (c) do not apply
10		to limited partnerships formed under the Revised Uniform
11		Limited Partnership Act or under the Uniform Limited
12		Partnership Act (2001).
13		(d) False law enforcement badges.
14		(1) A person commits false law enforcement badges if he
15		or she knowingly produces, sells, or distributes a law
16		enforcement badge without the express written consent of
17		the law enforcement agency represented on the badge or, in
18		case of a reorganized or defunct law enforcement agency,
19		its successor law enforcement agency.
20		(2) It is a defense to false law enforcement badges
21		that the law enforcement badge is used or is intended to be
22		used exclusively: (i) as a memento or in a collection or
23		exhibit; (ii) for decorative purposes; or (iii) for a
24		dramatic presentation, such as a theatrical, film, or
25		television production.
26		(e) False medals.

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1		(1) A person commits a false personation if he or she
2		knowingly and falsely represents himself or herself to be a
3		recipient of, or wears on his or her person, any of the
4		following medals if that medal was not awarded to that
5		person by the United States Government, irrespective of
6		branch of service: The Congressional Medal of Honor, The
7		Distinguished Service Cross, The Navy Cross, The Air Force
8		Cross, The Silver Star, The Bronze Star, or the Purple
9		Heart.
10		(2) It is a defense to a prosecution under paragraph
11		(e)(1) that the medal is used, or is intended to be used,
12		exclusively:
13		(A) for a dramatic presentation, such as a
14		theatrical, film, or television production, or a
15		historical re-enactment; or
16		(B) for a costume worn, or intended to be worn, by
17		a person under 18 years of age.
18		(f) Sentence.
19		(1) A violation of paragraph (a)(8) is a petty offense
20		subject to a fine of not less than $5 nor more than $100,
21		and the person, firm, copartnership, or corporation
22		commits an additional petty offense for each day he, she,
23		or it continues to commit the violation. A violation of
24		paragraph (c)(1) is a petty offense, and the company,
25		association, or person commits an additional petty offense
26		for each day he, she, or it continues to commit the

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1		violation. A violation of paragraph (a)(2.1) or subsection
2		(e) is a petty offense for which the offender shall be
3		fined at least $100 and not more than $200.
4		(2) A violation of paragraph (a)(1), (a)(3), or
5		(b)(7.5) is a Class C misdemeanor.
6		(3) A violation of paragraph (a)(2), (a)(2.5), (a)(7),
7		(b)(2), or (b)(7) or subsection (d) is a Class A
8		misdemeanor. A second or subsequent violation of
9		subsection (d) is a Class 3 felony.
10		(4) A violation of paragraph (a)(4), (a)(5), (a)(6),
11		(b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a
12		Class 4 felony.
13		(5) A violation of paragraph (b)(4), (b)(9), or (b)(12)
14		is a Class 3 felony.
15		(6) A violation of paragraph (b)(5) or (b)(10) is a
16		Class 2 felony.
17		(7) A violation of paragraph (b)(6) is a Class 1
18		felony.
19		(g) A violation of subsection (a)(1) through (a)(7) or
20		subsection (e) of this Section may be accomplished in person or
21		by any means of communication, including but not limited to the
22		use of an Internet website or any form of electronic
23		communication.
24		(Source: P.A. 98-1125, eff. 1-1-15; 99-143, eff. 7-27-15;
25		99-561, eff. 7-15-16; revised 9-2-16.)

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1		(720 ILCS 5/24-1.6)
2		Sec. 24-1.6. Aggravated unlawful use of a weapon.
3		(a) A person commits the offense of aggravated unlawful use
4		of a weapon when he or she knowingly:
5		(1) Carries on or about his or her person or in any
6		vehicle or concealed on or about his or her person except
7		when on his or her land or in his or her abode, legal
8		dwelling, or fixed place of business, or on the land or in
9		the legal dwelling of another person as an invitee with
10		that person's permission, any pistol, revolver, stun gun or
11		taser or other firearm; or
12		(2) Carries or possesses on or about his or her person,
13		upon any public street, alley, or other public lands within
14		the corporate limits of a city, village or incorporated
15		town, except when an invitee thereon or therein, for the
16		purpose of the display of such weapon or the lawful
17		commerce in weapons, or except when on his or her own land
18		or in his or her own abode, legal dwelling, or fixed place
19		of business, or on the land or in the legal dwelling of
20		another person as an invitee with that person's permission,
21		any pistol, revolver, stun gun or taser or other firearm;
22		and
23		(3) One of the following factors is present:
24		(A) the firearm, other than a pistol, revolver, or
25		handgun, possessed was uncased, loaded, and
26		immediately accessible at the time of the offense; or

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1		(A-5) the pistol, revolver, or handgun possessed
2		was uncased, loaded, and immediately accessible at the
3		time of the offense and the person possessing the
4		pistol, revolver, or handgun has not been issued a
5		currently valid license under the Firearm Concealed
6		Carry Act; or
7		(B) the firearm, other than a pistol, revolver, or
8		handgun, possessed was uncased, unloaded, and the
9		ammunition for the weapon was immediately accessible
10		at the time of the offense; or
11		(B-5) the pistol, revolver, or handgun possessed
12		was uncased, unloaded, and the ammunition for the
13		weapon was immediately accessible at the time of the
14		offense and the person possessing the pistol,
15		revolver, or handgun has not been issued a currently
16		valid license under the Firearm Concealed Carry Act; or
17		(C) the person possessing the firearm has not been
18		issued a currently valid Firearm Owner's
19		Identification Card; or
20		(D) the person possessing the weapon was
21		previously adjudicated a delinquent minor under the
22		Juvenile Court Act of 1987 for an act that if committed
23		by an adult would be a felony; or
24		(E) the person possessing the weapon was engaged in
25		a misdemeanor violation of the Cannabis Control Act, in
26		a misdemeanor violation of the Illinois Controlled

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1		Substances Act, or in a misdemeanor violation of the
2		Methamphetamine Control and Community Protection Act;
3		or
4		(F) (blank); or
5		(G) the person possessing the weapon had an a order
6		of protection issued against him or her within the
7		previous 2 years; or
8		(H) the person possessing the weapon was engaged in
9		the commission or attempted commission of a
10		misdemeanor involving the use or threat of violence
11		against the person or property of another; or
12		(I) the person possessing the weapon was under 21
13		years of age and in possession of a handgun, unless the
14		person under 21 is engaged in lawful activities under
15		the Wildlife Code or described in subsection
16		24-2(b)(1), (b)(3), or 24-2(f).
17		(a-5) "Handgun" as used in this Section has the meaning
18		given to it in Section 5 of the Firearm Concealed Carry Act.
19		(b) "Stun gun or taser" as used in this Section has the
20		same definition given to it in Section 24-1 of this Code.
21		(c) This Section does not apply to or affect the
22		transportation or possession of weapons that:
23		(i) are broken down in a non-functioning state; or
24		(ii) are not immediately accessible; or
25		(iii) are unloaded and enclosed in a case, firearm
26		carrying box, shipping box, or other container by a person

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1		who has been issued a currently valid Firearm Owner's
2		Identification Card.
3		(d) Sentence.
4		(1) Aggravated unlawful use of a weapon is a Class 4
5		felony; a second or subsequent offense is a Class 2 felony
6		for which the person shall be sentenced to a term of
7		imprisonment of not less than 3 years and not more than 7
8		years.
9		(2) Except as otherwise provided in paragraphs (3) and
10		(4) of this subsection (d), a first offense of aggravated
11		unlawful use of a weapon committed with a firearm by a
12		person 18 years of age or older where the factors listed in
13		both items (A) and (C) or both items (A-5) and (C) of
14		paragraph (3) of subsection (a) are present is a Class 4
15		felony, for which the person shall be sentenced to a term
16		of imprisonment of not less than one year and not more than
17		3 years.
18		(3) Aggravated unlawful use of a weapon by a person who
19		has been previously convicted of a felony in this State or
20		another jurisdiction is a Class 2 felony for which the
21		person shall be sentenced to a term of imprisonment of not
22		less than 3 years and not more than 7 years.
23		(4) Aggravated unlawful use of a weapon while wearing
24		or in possession of body armor as defined in Section 33F-1
25		by a person who has not been issued a valid Firearms
26		Owner's Identification Card in accordance with Section 5 of

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1		the Firearm Owners Identification Card Act is a Class X
2		felony.
3		(e) The possession of each firearm in violation of this
4		Section constitutes a single and separate violation.
5		(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)
6		(720 ILCS 5/24-2)
7		Sec. 24-2. Exemptions.
8		(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
9		24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
10		the following:
11		(1) Peace officers, and any person summoned by a peace
12		officer to assist in making arrests or preserving the
13		peace, while actually engaged in assisting such officer.
14		(2) Wardens, superintendents and keepers of prisons,
15		penitentiaries, jails and other institutions for the
16		detention of persons accused or convicted of an offense,
17		while in the performance of their official duty, or while
18		commuting between their homes and places of employment.
19		(3) Members of the Armed Services or Reserve Forces of
20		the United States or the Illinois National Guard or the
21		Reserve Officers Training Corps, while in the performance
22		of their official duty.
23		(4) Special agents employed by a railroad or a public
24		utility to perform police functions, and guards of armored
25		car companies, while actually engaged in the performance of

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1		the duties of their employment or commuting between their
2		homes and places of employment; and watchmen while actually
3		engaged in the performance of the duties of their
4		employment.
5		(5) Persons licensed as private security contractors,
6		private detectives, or private alarm contractors, or
7		employed by a private security contractor, private
8		detective, or private alarm contractor agency licensed by
9		the Department of Financial and Professional Regulation,
10		if their duties include the carrying of a weapon under the
11		provisions of the Private Detective, Private Alarm,
12		Private Security, Fingerprint Vendor, and Locksmith Act of
13		2004, while actually engaged in the performance of the
14		duties of their employment or commuting between their homes
15		and places of employment. A person shall be considered
16		eligible for this exemption if he or she has completed the
17		required 20 hours of training for a private security
18		contractor, private detective, or private alarm
19		contractor, or employee of a licensed private security
20		contractor, private detective, or private alarm contractor
21		agency and 20 hours of required firearm training, and has
22		been issued a firearm control card by the Department of
23		Financial and Professional Regulation. Conditions for the
24		renewal of firearm control cards issued under the
25		provisions of this Section shall be the same as for those
26		cards issued under the provisions of the Private Detective,

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1		Private Alarm, Private Security, Fingerprint Vendor, and
2		Locksmith Act of 2004. The firearm control card shall be
3		carried by the private security contractor, private
4		detective, or private alarm contractor, or employee of the
5		licensed private security contractor, private detective,
6		or private alarm contractor agency at all times when he or
7		she is in possession of a concealable weapon permitted by
8		his or her firearm control card.
9		(6) Any person regularly employed in a commercial or
10		industrial operation as a security guard for the protection
11		of persons employed and private property related to such
12		commercial or industrial operation, while actually engaged
13		in the performance of his or her duty or traveling between
14		sites or properties belonging to the employer, and who, as
15		a security guard, is a member of a security force
16		registered with the Department of Financial and
17		Professional Regulation; provided that such security guard
18		has successfully completed a course of study, approved by
19		and supervised by the Department of Financial and
20		Professional Regulation, consisting of not less than 40
21		hours of training that includes the theory of law
22		enforcement, liability for acts, and the handling of
23		weapons. A person shall be considered eligible for this
24		exemption if he or she has completed the required 20 hours
25		of training for a security officer and 20 hours of required
26		firearm training, and has been issued a firearm control

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1		card by the Department of Financial and Professional
2		Regulation. Conditions for the renewal of firearm control
3		cards issued under the provisions of this Section shall be
4		the same as for those cards issued under the provisions of
5		the Private Detective, Private Alarm, Private Security,
6		Fingerprint Vendor, and Locksmith Act of 2004. The firearm
7		control card shall be carried by the security guard at all
8		times when he or she is in possession of a concealable
9		weapon permitted by his or her firearm control card.
10		(7) Agents and investigators of the Illinois
11		Legislative Investigating Commission authorized by the
12		Commission to carry the weapons specified in subsections
13		24-1(a)(3) and 24-1(a)(4), while on duty in the course of
14		any investigation for the Commission.
15		(8) Persons employed by a financial institution as a
16		security guard for the protection of other employees and
17		property related to such financial institution, while
18		actually engaged in the performance of their duties,
19		commuting between their homes and places of employment, or
20		traveling between sites or properties owned or operated by
21		such financial institution, and who, as a security guard,
22		is a member of a security force registered with the
23		Department; provided that any person so employed has
24		successfully completed a course of study, approved by and
25		supervised by the Department of Financial and Professional
26		Regulation, consisting of not less than 40 hours of

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1		training which includes theory of law enforcement,
2		liability for acts, and the handling of weapons. A person
3		shall be considered to be eligible for this exemption if he
4		or she has completed the required 20 hours of training for
5		a security officer and 20 hours of required firearm
6		training, and has been issued a firearm control card by the
7		Department of Financial and Professional Regulation.
8		Conditions for renewal of firearm control cards issued
9		under the provisions of this Section shall be the same as
10		for those issued under the provisions of the Private
11		Detective, Private Alarm, Private Security, Fingerprint
12		Vendor, and Locksmith Act of 2004. The firearm control card
13		shall be carried by the security guard at all times when he
14		or she is in possession of a concealable weapon permitted
15		by his or her firearm control card. For purposes of this
16		subsection, "financial institution" means a bank, savings
17		and loan association, credit union or company providing
18		armored car services.
19		(9) Any person employed by an armored car company to
20		drive an armored car, while actually engaged in the
21		performance of his duties.
22		(10) Persons who have been classified as peace officers
23		pursuant to the Peace Officer Fire Investigation Act.
24		(11) Investigators of the Office of the State's
25		Attorneys Appellate Prosecutor authorized by the board of
26		governors of the Office of the State's Attorneys Appellate

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1		Prosecutor to carry weapons pursuant to Section 7.06 of the
2		State's Attorneys Appellate Prosecutor's Act.
3		(12) Special investigators appointed by a State's
4		Attorney under Section 3-9005 of the Counties Code.
5		(12.5) Probation officers while in the performance of
6		their duties, or while commuting between their homes,
7		places of employment or specific locations that are part of
8		their assigned duties, with the consent of the chief judge
9		of the circuit for which they are employed, if they have
10		received weapons training according to requirements of the
11		Peace Officer and Probation Officer Firearm Training Act.
12		(13) Court Security Officers while in the performance
13		of their official duties, or while commuting between their
14		homes and places of employment, with the consent of the
15		Sheriff.
16		(13.5) A person employed as an armed security guard at
17		a nuclear energy, storage, weapons or development site or
18		facility regulated by the Nuclear Regulatory Commission
19		who has completed the background screening and training
20		mandated by the rules and regulations of the Nuclear
21		Regulatory Commission.
22		(14) Manufacture, transportation, or sale of weapons
23		to persons authorized under subdivisions (1) through
24		(13.5) of this subsection to possess those weapons.
25		(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
26		to or affect any person carrying a concealed pistol, revolver,

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1		or handgun and the person has been issued a currently valid
2		license under the Firearm Concealed Carry Act at the time of
3		the commission of the offense.
4		(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
5		24-1.6 do not apply to or affect any of the following:
6		(1) Members of any club or organization organized for
7		the purpose of practicing shooting at targets upon
8		established target ranges, whether public or private, and
9		patrons of such ranges, while such members or patrons are
10		using their firearms on those target ranges.
11		(2) Duly authorized military or civil organizations
12		while parading, with the special permission of the
13		Governor.
14		(3) Hunters, trappers or fishermen with a license or
15		permit while engaged in hunting, trapping or fishing.
16		(4) Transportation of weapons that are broken down in a
17		non-functioning state or are not immediately accessible.
18		(5) Carrying or possessing any pistol, revolver, stun
19		gun or taser or other firearm on the land or in the legal
20		dwelling of another person as an invitee with that person's
21		permission.
22		(c) Subsection 24-1(a)(7) does not apply to or affect any
23		of the following:
24		(1) Peace officers while in performance of their
25		official duties.
26		(2) Wardens, superintendents and keepers of prisons,

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1		penitentiaries, jails and other institutions for the
2		detention of persons accused or convicted of an offense.
3		(3) Members of the Armed Services or Reserve Forces of
4		the United States or the Illinois National Guard, while in
5		the performance of their official duty.
6		(4) Manufacture, transportation, or sale of machine
7		guns to persons authorized under subdivisions (1) through
8		(3) of this subsection to possess machine guns, if the
9		machine guns are broken down in a non-functioning state or
10		are not immediately accessible.
11		(5) Persons licensed under federal law to manufacture
12		any weapon from which 8 or more shots or bullets can be
13		discharged by a single function of the firing device, or
14		ammunition for such weapons, and actually engaged in the
15		business of manufacturing such weapons or ammunition, but
16		only with respect to activities which are within the lawful
17		scope of such business, such as the manufacture,
18		transportation, or testing of such weapons or ammunition.
19		This exemption does not authorize the general private
20		possession of any weapon from which 8 or more shots or
21		bullets can be discharged by a single function of the
22		firing device, but only such possession and activities as
23		are within the lawful scope of a licensed manufacturing
24		business described in this paragraph.
25		During transportation, such weapons shall be broken
26		down in a non-functioning state or not immediately

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1		accessible.
2		(6) The manufacture, transport, testing, delivery,
3		transfer or sale, and all lawful commercial or experimental
4		activities necessary thereto, of rifles, shotguns, and
5		weapons made from rifles or shotguns, or ammunition for
6		such rifles, shotguns or weapons, where engaged in by a
7		person operating as a contractor or subcontractor pursuant
8		to a contract or subcontract for the development and supply
9		of such rifles, shotguns, weapons or ammunition to the
10		United States government or any branch of the Armed Forces
11		of the United States, when such activities are necessary
12		and incident to fulfilling the terms of such contract.
13		The exemption granted under this subdivision (c)(6)
14		shall also apply to any authorized agent of any such
15		contractor or subcontractor who is operating within the
16		scope of his employment, where such activities involving
17		such weapon, weapons or ammunition are necessary and
18		incident to fulfilling the terms of such contract.
19		(7) A person possessing a rifle with a barrel or
20		barrels less than 16 inches in length if: (A) the person
21		has been issued a Curios and Relics license from the U.S.
22		Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
23		the person is an active member of a bona fide, nationally
24		recognized military re-enacting group and the modification
25		is required and necessary to accurately portray the weapon
26		for historical re-enactment purposes; the re-enactor is in

HB3855 Engrossed - 1292 - LRB100 05985 AMC 16014 b
1		possession of a valid and current re-enacting group
2		membership credential; and the overall length of the weapon
3		as modified is not less than 26 inches.
4		(d) Subsection 24-1(a)(1) does not apply to the purchase,
5		possession or carrying of a black-jack or slung-shot by a peace
6		officer.
7		(e) Subsection 24-1(a)(8) does not apply to any owner,
8		manager or authorized employee of any place specified in that
9		subsection nor to any law enforcement officer.
10		(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
11		Section 24-1.6 do not apply to members of any club or
12		organization organized for the purpose of practicing shooting
13		at targets upon established target ranges, whether public or
14		private, while using their firearms on those target ranges.
15		(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
16		to:
17		(1) Members of the Armed Services or Reserve Forces of
18		the United States or the Illinois National Guard, while in
19		the performance of their official duty.
20		(2) Bonafide collectors of antique or surplus military
21		ordnance ordinance.
22		(3) Laboratories having a department of forensic
23		ballistics, or specializing in the development of
24		ammunition or explosive ordnance ordinance.
25		(4) Commerce, preparation, assembly or possession of
26		explosive bullets by manufacturers of ammunition licensed

HB3855 Engrossed - 1293 - LRB100 05985 AMC 16014 b
1		by the federal government, in connection with the supply of
2		those organizations and persons exempted by subdivision
3		(g)(1) of this Section, or like organizations and persons
4		outside this State, or the transportation of explosive
5		bullets to any organization or person exempted in this
6		Section by a common carrier or by a vehicle owned or leased
7		by an exempted manufacturer.
8		(g-5) Subsection 24-1(a)(6) does not apply to or affect
9		persons licensed under federal law to manufacture any device or
10		attachment of any kind designed, used, or intended for use in
11		silencing the report of any firearm, firearms, or ammunition
12		for those firearms equipped with those devices, and actually
13		engaged in the business of manufacturing those devices,
14		firearms, or ammunition, but only with respect to activities
15		that are within the lawful scope of that business, such as the
16		manufacture, transportation, or testing of those devices,
17		firearms, or ammunition. This exemption does not authorize the
18		general private possession of any device or attachment of any
19		kind designed, used, or intended for use in silencing the
20		report of any firearm, but only such possession and activities
21		as are within the lawful scope of a licensed manufacturing
22		business described in this subsection (g-5). During
23		transportation, these devices shall be detached from any weapon
24		or not immediately accessible.
25		(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
26		24-1.6 do not apply to or affect any parole agent or parole

HB3855 Engrossed - 1294 - LRB100 05985 AMC 16014 b
1		supervisor who meets the qualifications and conditions
2		prescribed in Section 3-14-1.5 of the Unified Code of
3		Corrections.
4		(g-7) Subsection 24-1(a)(6) does not apply to a peace
5		officer while serving as a member of a tactical response team
6		or special operations team. A peace officer may not personally
7		own or apply for ownership of a device or attachment of any
8		kind designed, used, or intended for use in silencing the
9		report of any firearm. These devices shall be owned and
10		maintained by lawfully recognized units of government whose
11		duties include the investigation of criminal acts.
12		(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
13		24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
14		athlete's possession, transport on official Olympic and
15		Paralympic transit systems established for athletes, or use of
16		competition firearms sanctioned by the International Olympic
17		Committee, the International Paralympic Committee, the
18		International Shooting Sport Federation, or USA Shooting in
19		connection with such athlete's training for and participation
20		in shooting competitions at the 2016 Olympic and Paralympic
21		Games and sanctioned test events leading up to the 2016 Olympic
22		and Paralympic Games.
23		(h) An information or indictment based upon a violation of
24		any subsection of this Article need not negative any exemptions
25		contained in this Article. The defendant shall have the burden
26		of proving such an exemption.

HB3855 Engrossed - 1295 - LRB100 05985 AMC 16014 b
1		(i) Nothing in this Article shall prohibit, apply to, or
2		affect the transportation, carrying, or possession, of any
3		pistol or revolver, stun gun, taser, or other firearm consigned
4		to a common carrier operating under license of the State of
5		Illinois or the federal government, where such transportation,
6		carrying, or possession is incident to the lawful
7		transportation in which such common carrier is engaged; and
8		nothing in this Article shall prohibit, apply to, or affect the
9		transportation, carrying, or possession of any pistol,
10		revolver, stun gun, taser, or other firearm, not the subject of
11		and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
12		this Article, which is unloaded and enclosed in a case, firearm
13		carrying box, shipping box, or other container, by the
14		possessor of a valid Firearm Owners Identification Card.
15		(Source: P.A. 98-63, eff. 7-9-13; 98-463, eff. 8-16-13; 98-725,
16		eff. 1-1-15; 99-174, eff. 7-29-15; revised 10-6-16.)
17		(720 ILCS 5/32-14)
18		Sec. 32-14. Unlawful manipulation of a judicial sale.
19		(a) A person commits the offense of unlawful manipulation
20		of a judicial sale when he or she knowingly and by any means
21		makes any contract with or engages in any combination or
22		conspiracy with any other person who is, or but for a prior
23		agreement is, a competitor of such person for the purpose of or
24		with the effect of fixing, controlling, limiting, or otherwise
25		manipulating (1) the participation of any person in, or (2) the

HB3855 Engrossed - 1296 - LRB100 05985 AMC 16014 b
1		making of bids, at any judicial sale.
2		(b) Penalties. Unlawful manipulation of a judicial sale is
3		a Class 3 felony. A mandatory fine shall be imposed for a
4		violation, not to exceed $1,000,000 if the violator is a
5		corporation, or, if the violator is any other person, $100,000.
6		A second or subsequent violation is a Class 2 felony.
7		(c) Injunctive and other relief. The State's Attorney shall
8		bring suit in the circuit court to prevent and restrain
9		violations of subsection (a). In such a proceeding, the court
10		shall determine whether a violation has been committed, and
11		shall enter such judgment as it considers necessary to remove
12		the effects of any violation which it finds, and to prevent
13		such violation from continuing or from being renewed in the
14		future. The court, in its discretion, may exercise all powers
15		necessary for this purpose, including, but not limited to,
16		injunction and divestiture of property.
17		(d) Private right of action. Any person who has been
18		injured by a violation of subsection (a) may maintain an action
19		in the Circuit Court for damages, or for an injunction, or
20		both, against any person who has committed such violation. If,
21		in an action for an injunction, the court issues an injunction,
22		the plaintiff shall be awarded costs and reasonable attorney's
23		fees. In an action for damages, the person injured shall be
24		awarded 3 times the amount of actual damages. This State,
25		counties, municipalities, townships, and any political
26		subdivision organized under the authority of this State, and

HB3855 Engrossed - 1297 - LRB100 05985 AMC 16014 b
1		the United States, are considered a person having standing to
2		bring an action under this subsection. Any action for damages
3		under this subsection is forever barred unless commenced within
4		4 years after the cause of action accrued. In any action for
5		damages under this subsection, the court may, in its
6		discretion, award reasonable fees to the prevailing defendant
7		upon a finding that the plaintiff acted in bad faith,
8		vexatiously, wantonly, or for oppressive reasons.
9		(e) Exclusion from subsequent judicial sales. Any person
10		convicted of a violation of subsection (a) or any similar
11		offense of any state or the United States shall be barred for 5
12		years from the date of conviction from participating as a
13		bidding entity in any judicial sale. No corporation shall be
14		barred from participating in a judicial sale as a result of a
15		conviction under subsection (a) of any employee or agent of
16		such corporation if the employee so convicted is no longer
17		employed by the corporation and: (1) it has been finally
18		adjudicated not guilty or (2) it demonstrates to the circuit
19		court conducting such judicial sale and the court so finds that
20		the commission of the offense was neither authorized,
21		requested, commanded, nor performed by a director, officer or a
22		high managerial agent in behalf of the corporation as provided
23		in paragraph (2) of subsection (a) of Section 5-4 of this Code.
24		(f) Definitions. As used in this Section, unless the
25		context otherwise requires:
26		"Judicial sale" means any sale of real or personal property

HB3855 Engrossed - 1298 - LRB100 05985 AMC 16014 b
1		in accordance with a court order, including, but not limited
2		to, judicial sales conducted pursuant to Section 15-1507 of the
3		Code of Civil Procedure, sales ordered to satisfy judgments
4		under Article XII of the Code of Civil Procedure, and
5		enforcements of delinquent property taxes under Article 21 XXI
6		of the Property Tax Code.
7		"Person" means any natural person, or any corporation,
8		partnership, or association of persons.
9		(Source: P.A. 96-408, eff. 8-13-09; revised 10-5-16.)
10		Section 670. The Illinois Controlled Substances Act is
11		amended by changing Section 204 as follows:
12		(720 ILCS 570/204) (from Ch. 56 1/2, par. 1204)
13		Sec. 204. (a) The controlled substances listed in this
14		Section are included in Schedule I.
15		(b) Unless specifically excepted or unless listed in
16		another schedule, any of the following opiates, including their
17		isomers, esters, ethers, salts, and salts of isomers, esters,
18		and ethers, whenever the existence of such isomers, esters,
19		ethers and salts is possible within the specific chemical
20		designation:
21		(1) Acetylmethadol;
22		(1.1) Acetyl-alpha-methylfentanyl
23		(N-[1-(1-methyl-2-phenethyl)-
24		4-piperidinyl]-N-phenylacetamide);

HB3855 Engrossed - 1299 - LRB100 05985 AMC 16014 b
1		(2) Allylprodine;
2		(3) Alphacetylmethadol, except
3		levo-alphacetylmethadol (also known as levo-alpha-
4		acetylmethadol, levomethadyl acetate, or LAAM);
5		(4) Alphameprodine;
6		(5) Alphamethadol;
7		(6) Alpha-methylfentanyl
8		(N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)
9		propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-
10		propanilido) piperidine;
11		(6.1) Alpha-methylthiofentanyl
12		(N-[1-methyl-2-(2-thienyl)ethyl-
13		4-piperidinyl]-N-phenylpropanamide);
14		(7) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP);
15		(7.1) PEPAP
16		(1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
17		(8) Benzethidine;
18		(9) Betacetylmethadol;
19		(9.1) Beta-hydroxyfentanyl
20		(N-[1-(2-hydroxy-2-phenethyl)-
21		4-piperidinyl]-N-phenylpropanamide);
22		(10) Betameprodine;
23		(11) Betamethadol;
24		(12) Betaprodine;
25		(13) Clonitazene;
26		(14) Dextromoramide;

HB3855 Engrossed - 1300 - LRB100 05985 AMC 16014 b
1		(15) Diampromide;
2		(16) Diethylthiambutene;
3		(17) Difenoxin;
4		(18) Dimenoxadol;
5		(19) Dimepheptanol;
6		(20) Dimethylthiambutene;
7		(21) Dioxaphetylbutyrate;
8		(22) Dipipanone;
9		(23) Ethylmethylthiambutene;
10		(24) Etonitazene;
11		(25) Etoxeridine;
12		(26) Furethidine;
13		(27) Hydroxpethidine;
14		(28) Ketobemidone;
15		(29) Levomoramide;
16		(30) Levophenacylmorphan;
17		(31) 3-Methylfentanyl
18		(N-[3-methyl-1-(2-phenylethyl)-
19		4-piperidyl]-N-phenylpropanamide);
20		(31.1) 3-Methylthiofentanyl
21		(N-[(3-methyl-1-(2-thienyl)ethyl-
22		4-piperidinyl]-N-phenylpropanamide);
23		(32) Morpheridine;
24		(33) Noracymethadol;
25		(34) Norlevorphanol;
26		(35) Normethadone;

HB3855 Engrossed - 1301 - LRB100 05985 AMC 16014 b
1		(36) Norpipanone;
2		(36.1) Para-fluorofentanyl
3		(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-
4		4-piperidinyl]propanamide);
5		(37) Phenadoxone;
6		(38) Phenampromide;
7		(39) Phenomorphan;
8		(40) Phenoperidine;
9		(41) Piritramide;
10		(42) Proheptazine;
11		(43) Properidine;
12		(44) Propiram;
13		(45) Racemoramide;
14		(45.1) Thiofentanyl
15		(N-phenyl-N-[1-(2-thienyl)ethyl-
16		4-piperidinyl]-propanamide);
17		(46) Tilidine;
18		(47) Trimeperidine;
19		(48) Beta-hydroxy-3-methylfentanyl (other name:
20		N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-
21		N-phenylpropanamide).
22		(c) Unless specifically excepted or unless listed in
23		another schedule, any of the following opium derivatives, its
24		salts, isomers and salts of isomers, whenever the existence of
25		such salts, isomers and salts of isomers is possible within the
26		specific chemical designation:

HB3855 Engrossed - 1302 - LRB100 05985 AMC 16014 b
1		(1) Acetorphine;
2		(2) Acetyldihydrocodeine;
3		(3) Benzylmorphine;
4		(4) Codeine methylbromide;
5		(5) Codeine-N-Oxide;
6		(6) Cyprenorphine;
7		(7) Desomorphine;
8		(8) Diacetyldihydromorphine (Dihydroheroin);
9		(9) Dihydromorphine;
10		(10) Drotebanol;
11		(11) Etorphine (except hydrochloride salt);
12		(12) Heroin;
13		(13) Hydromorphinol;
14		(14) Methyldesorphine;
15		(15) Methyldihydromorphine;
16		(16) Morphine methylbromide;
17		(17) Morphine methylsulfonate;
18		(18) Morphine-N-Oxide;
19		(19) Myrophine;
20		(20) Nicocodeine;
21		(21) Nicomorphine;
22		(22) Normorphine;
23		(23) Pholcodine;
24		(24) Thebacon.
25		(d) Unless specifically excepted or unless listed in
26		another schedule, any material, compound, mixture, or

HB3855 Engrossed - 1303 - LRB100 05985 AMC 16014 b
1		preparation which contains any quantity of the following
2		hallucinogenic substances, or which contains any of its salts,
3		isomers and salts of isomers, whenever the existence of such
4		salts, isomers, and salts of isomers is possible within the
5		specific chemical designation (for the purposes of this
6		paragraph only, the term "isomer" includes the optical,
7		position and geometric isomers):
8		(1) 3,4-methylenedioxyamphetamine
9		(alpha-methyl,3,4-methylenedioxyphenethylamine,
10		methylenedioxyamphetamine, MDA);
11		(1.1) Alpha-ethyltryptamine
12		(some trade or other names: etryptamine;
13		MONASE; alpha-ethyl-1H-indole-3-ethanamine;
14		3-(2-aminobutyl)indole; a-ET; and AET);
15		(2) 3,4-methylenedioxymethamphetamine (MDMA);
16		(2.1) 3,4-methylenedioxy-N-ethylamphetamine
17		(also known as: N-ethyl-alpha-methyl-
18		3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,
19		and MDEA);
20		(2.2) N-Benzylpiperazine (BZP);
21		(2.2-1) Trifluoromethylphenylpiperazine (TFMPP);
22		(3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA);
23		(4) 3,4,5-trimethoxyamphetamine (TMA);
24		(5) (Blank);
25		(6) Diethyltryptamine (DET);
26		(7) Dimethyltryptamine (DMT);

HB3855 Engrossed - 1304 - LRB100 05985 AMC 16014 b
1		(7.1) 5-Methoxy-diallyltryptamine;
2		(8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP);
3		(9) Ibogaine (some trade and other names:
4		7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-
5		6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]
6		indole; Tabernanthe iboga);
7		(10) Lysergic acid diethylamide;
8		(10.1) Salvinorin A;
9		(10.5) Salvia divinorum (meaning all parts of the plant
10		presently classified botanically as Salvia divinorum,
11		whether growing or not, the seeds thereof, any extract from
12		any part of that plant, and every compound, manufacture,
13		salts, isomers, and salts of isomers whenever the existence
14		of such salts, isomers, and salts of isomers is possible
15		within the specific chemical designation, derivative,
16		mixture, or preparation of that plant, its seeds or
17		extracts);
18		(11) 3,4,5-trimethoxyphenethylamine (Mescaline);
19		(12) Peyote (meaning all parts of the plant presently
20		classified botanically as Lophophora williamsii Lemaire,
21		whether growing or not, the seeds thereof, any extract from
22		any part of that plant, and every compound, manufacture,
23		salts, derivative, mixture, or preparation of that plant,
24		its seeds or extracts);
25		(13) N-ethyl-3-piperidyl benzilate (JB 318);
26		(14) N-methyl-3-piperidyl benzilate;

HB3855 Engrossed - 1305 - LRB100 05985 AMC 16014 b
1		(14.1) N-hydroxy-3,4-methylenedioxyamphetamine
2		(also known as N-hydroxy-alpha-methyl-
3		3,4(methylenedioxy)phenethylamine and N-hydroxy MDA);
4		(15) Parahexyl; some trade or other names:
5		3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
6		dibenzo (b,d) pyran; Synhexyl;
7		(16) Psilocybin;
8		(17) Psilocyn;
9		(18) Alpha-methyltryptamine (AMT);
10		(19) 2,5-dimethoxyamphetamine
11		(2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
12		(20) 4-bromo-2,5-dimethoxyamphetamine
13		(4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
14		4-bromo-2,5-DMA);
15		(20.1) 4-Bromo-2,5 dimethoxyphenethylamine.
16		Some trade or other names: 2-(4-bromo-
17		2,5-dimethoxyphenyl)-1-aminoethane;
18		alpha-desmethyl DOB, 2CB, Nexus;
19		(21) 4-methoxyamphetamine
20		(4-methoxy-alpha-methylphenethylamine;
21		paramethoxyamphetamine; PMA);
22		(22) (Blank);
23		(23) Ethylamine analog of phencyclidine.
24		Some trade or other names:
25		N-ethyl-1-phenylcyclohexylamine,
26		(1-phenylcyclohexyl) ethylamine,

HB3855 Engrossed - 1306 - LRB100 05985 AMC 16014 b
1		N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;
2		(24) Pyrrolidine analog of phencyclidine. Some trade
3		or other names: 1-(1-phenylcyclohexyl) pyrrolidine, PCPy,
4		PHP;
5		(25) 5-methoxy-3,4-methylenedioxy-amphetamine;
6		(26) 2,5-dimethoxy-4-ethylamphetamine
7		(another name: DOET);
8		(27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine
9		(another name: TCPy);
10		(28) (Blank);
11		(29) Thiophene analog of phencyclidine (some trade
12		or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;
13		2-thienyl analog of phencyclidine; TPCP; TCP);
14		(30) Bufotenine (some trade or other names:
15		3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
16		3-(2-dimethylaminoethyl)-5-indolol;
17		5-hydroxy-N,N-dimethyltryptamine;
18		N,N-dimethylserotonin; mappine);
19		(31) 1-Pentyl-3-(1-naphthoyl)indole
20		Some trade or other names: JWH-018;
21		(32) 1-Butyl-3-(1-naphthoyl)indole
22		Some trade or other names: JWH-073;
23		(33) 1-[(5-fluoropentyl)-1H-indol-3-yl]-
24		(2-iodophenyl)methanone
25		Some trade or other names: AM-694;
26		(34) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-

HB3855 Engrossed - 1307 - LRB100 05985 AMC 16014 b
1		(2-methyloctan-2-yl)phenol
2		Some trade or other names: CP 47,497
3		and its C6, C8 and C9 homologs;
4		(34.5) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-
5		(2-methyloctan-2-yl)phenol), where side chain n=5;
6		and homologues where side chain n=4, 6, or 7; Some
7		trade or other names: CP 47,497;
8		(35) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-
9		(2-methyloctan-2-yl)-6a,7,
10		10,10a-tetrahydrobenzo[c]chromen-1-ol
11		Some trade or other names: HU-210;
12		(35.5) (6aS,10aS)-9-(hydroxymethyl)-6,6-
13		dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-
14		tetrahydrobenzo[c]chromen-1-ol, its isomers,
15		salts, and salts of isomers; Some trade or other
16		names: HU-210, Dexanabinol;
17		(36) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-
18		6,6-dimethyl-3-(2-methyloctan-2-yl)-
19		6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
20		Some trade or other names: HU-211;
21		(37) (2-methyl-1-propyl-1H-indol-
22		3-yl)-1-naphthalenyl-methanone
23		Some trade or other names: JWH-015;
24		(38) 4-methoxynaphthalen-1-yl-
25		(1-pentylindol-3-yl)methanone
26		Some trade or other names: JWH-081;

HB3855 Engrossed - 1308 - LRB100 05985 AMC 16014 b
1		(39) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole
2		Some trade or other names: JWH-122;
3		(40) 2-(2-methylphenyl)-1-(1-pentyl-
4		1H-indol-3-yl)-ethanone
5		Some trade or other names: JWH-251;
6		(41) 1-(2-cyclohexylethyl)-3-
7		(2-methoxyphenylacetyl)indole
8		Some trade or other names: RCS-8, BTW-8 and SR-18;
9		(42) Any compound structurally derived from
10		3-(1-naphthoyl)indole or 1H-indol-3-yl-
11		(1-naphthyl)methane by substitution at the
12		nitrogen atom of the indole ring by alkyl, haloalkyl,
13		alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,
14		alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl,
15		or 2-(4-morpholinyl)ethyl whether or not further
16		substituted in the indole ring to any extent, whether
17		or not substituted in the naphthyl ring to any extent.
18		Examples of this structural class include, but are
19		not limited to, JWH-018, AM-2201, JWH-175, JWH-184,
20		and JWH-185;
21		(43) Any compound structurally derived from
22		3-(1-naphthoyl)pyrrole by substitution at the nitrogen
23		atom of the pyrrole ring by alkyl, haloalkyl, alkenyl,
24		cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl
25		aryl halide, 1-(N-methyl-2-piperidinyl)methyl,
26		or 2-(4-morpholinyl)ethyl, whether or not further

HB3855 Engrossed - 1309 - LRB100 05985 AMC 16014 b
1		substituted in the pyrrole ring to any extent, whether
2		or not substituted in the naphthyl ring to any extent.
3		Examples of this structural class include, but are not
4		limited to, JWH-030, JWH-145, JWH-146, JWH-307, and
5		JWH-368;
6		(44) Any compound structurally derived from
7		1-(1-naphthylmethyl)indene by substitution
8		at the 3-position of the indene ring by alkyl, haloalkyl,
9		alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl
10		halide, alkyl aryl halide, 1-(N-methyl-
11		2-piperidinyl)methyl, or 2-(4-
12		morpholinyl)ethyl whether or not further substituted in
13		the indene ring to any extent, whether or not substituted
14		in the naphthyl ring to any extent. Examples of
15		this structural class include, but are not
16		limited to, JWH-176;
17		(45) Any compound structurally derived from
18		3-phenylacetylindole by substitution at the
19		nitrogen atom of the indole ring with alkyl, haloalkyl,
20		alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl
21		halide, alkyl aryl halide, 1-(N-methyl-2-
22		piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,
23		whether or not further substituted in the indole ring
24		to any extent, whether or not substituted in the phenyl
25		ring to any extent. Examples of this structural
26		class include, but are not limited to, JWH-167,

HB3855 Engrossed - 1310 - LRB100 05985 AMC 16014 b
1		JWH-250, JWH-251, and RCS-8;
2		(46) Any compound structurally derived from
3		2-(3-hydroxycyclohexyl)phenol by substitution
4		at the 5-position of the phenolic ring by alkyl,
5		haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
6		aryl halide, alkyl aryl halide, 1-(N-methyl-2-
7		piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,
8		whether or not substituted in the cyclohexyl ring to any
9		extent. Examples of this structural class
10		include, but are not limited to, CP 47,
11		497 and its C8 homologue (cannabicyclohexanol);
12		(46.1) Benzoylindoles: Any compound
13		containing a 3-(benzoyl) indole structure with
14		substitution at the nitrogen atom of the
15		indole ring by an alkyl, haloalkyl, alkenyl,
16		cycloalkylmethyl, cycloalkylethyl,
17		1-(N-methyl-2-piperidinyl)methyl,
18		or 2-(4-morpholinyl)ethyl group
19		whether or not further substituted
20		in the indole ring to any extent and
21		whether or not substituted in the phenyl ring
22		to any extent. Examples of this structural class
23		include, but are not limited, to, AM-630,
24		AM-2233, AM-694, Pravadoline (WIN 48,098), and RCS-4;
25		(47) 3,4-Methylenedioxymethcathinone
26		Some trade or other names: Methylone;

HB3855 Engrossed - 1311 - LRB100 05985 AMC 16014 b
1		(48) 3,4-Methyenedioxypyrovalerone
2		Some trade or other names: MDPV;
3		(49) 4-Methylmethcathinone
4		Some trade or other names: Mephedrone;
5		(50) 4-methoxymethcathinone;
6		(51) 4-Fluoromethcathinone;
7		(52) 3-Fluoromethcathinone;
8		(53) 2,5-Dimethoxy-4-(n)-propylthio-
9		phenethylamine;
10		(54) 5-Methoxy-N,N-diisopropyltryptamine;
11		(55) Pentedrone;
12		(56) 4-iodo-2,5-dimethoxy-N-((2-methoxy
13		phenyl)methyl)-benzeneethanamine
14		(trade or other name: 25I-NBOMe);
15		(57) 4-chloro-2,5-dimethoxy-N-[(2-methoxyphenyl)
16		methyl]-benzeneethanamine (trade or other name:
17		25C-NBOMe);
18		(58) 4-bromo-2,5-dimethoxy-N-[(2-methoxyphenyl)
19		methyl]-benzeneethanamine (trade or other name:
20		25B-NBOMe);
21		(59) 3-cyclopropoylindole with
22		substitution at the nitrogen atom of the
23		indole ring by alkyl, haloalkyl, alkenyl,
24		cycloalkylmethyl, cycloalkylethyl, aryl
25		halide, alkyl aryl halide,
26		1-(N-methyl-2-piperidinyl)methyl, or

HB3855 Engrossed - 1312 - LRB100 05985 AMC 16014 b
1		2-(4-morpholinyl)ethyl, whether or not
2		further substituted on the indole ring
3		to any extent, whether or not substituted
4		on the cyclopropyl ring to any extent:
5		including, but not limited to, XLR11,
6		UR144, FUB-144;
7		(60) 3-adamantoylindole with
8		substitution at the nitrogen atom of the
9		indole ring by alkyl, haloalkyl, alkenyl,
10		cycloalkylmethyl, cycloalkylethyl,
11		aryl halide, alkyl aryl halide,
12		1-(N-methyl-2-piperidinyl)methyl, or
13		2-(4-morpholinyl)ethyl, whether or not
14		further substituted on the indole ring to
15		any extent, whether or not substituted on
16		the adamantyl ring to any extent: including,
17		but not limited to, AB-001;
18		(61) N-(adamantyl)-indole-3-carboxamide
19		with substitution at the nitrogen atom of the
20		indole ring by alkyl, haloalkyl, alkenyl,
21		cycloalkylmethyl, cycloalkylethyl, aryl halide,
22		alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl,
23		or 2-(4-morpholinyl)ethyl, whether or not further
24		substituted on the indole ring to any extent, whether
25		or not substituted on the adamantyl ring to any
26		extent: including, but not limited to,

HB3855 Engrossed - 1313 - LRB100 05985 AMC 16014 b
1		APICA/2NE-1, STS-135;
2		(62) N-(adamantyl)-indazole-3-carboxamide
3		with substitution at a nitrogen atom of the indazole
4		ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
5		cycloalkylethyl, aryl halide, alkyl aryl halide,
6		1-(N-methyl-2-piperidinyl)methyl, or
7		2-(4-morpholinyl)ethyl, whether or not further
8		substituted on the indazole ring to any extent,
9		whether or not substituted on the adamantyl
10		ring to any extent: including, but not limited
11		to, AKB48, 5F-AKB48;
12		(63) 1H-indole-3-carboxylic acid 8-quinolinyl
13		ester with substitution at the nitrogen atom of the
14		indole ring by alkyl, haloalkyl, alkenyl,
15		cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl
16		aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
17		2-(4-morpholinyl)ethyl, whether or not further
18		substituted on the indole ring to any extent,
19		whether or not substituted on the quinoline ring
20		to any extent: including, but not limited to, PB22,
21		5F-PB22, FUB-PB-22;
22		(64) 3-(1-naphthoyl)indazole with
23		substitution at the nitrogen atom of the
24		indazole ring by alkyl, haloalkyl,
25		alkenyl, cycloalkylmethyl, cycloalkylethyl,
26		aryl halide, alkyl aryl halide,

HB3855 Engrossed - 1314 - LRB100 05985 AMC 16014 b
1		1-(N-methyl-2-piperidinyl)methyl, or
2		2-(4-morpholinyl)ethyl, whether or not further
3		substituted on the indazole ring to any extent,
4		whether or not substituted on the naphthyl ring
5		to any extent: including, but not limited to,
6		THJ-018, THJ-2201;
7		(65) 2-(1-naphthoyl)benzimidazole with
8		substitution at the nitrogen atom of the benzimidazole
9		ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
10		cycloalkylethyl, aryl halide, alkyl aryl halide,
11		1-(N-methyl-2-piperidinyl)methyl, or
12		2-(4-morpholinyl)ethyl, whether or not further
13		substituted on the benzimidazole ring to any extent,
14		whether or not substituted on the naphthyl ring to
15		any extent: including, but not limited to, FUBIMINA;
16		(66) N-(1-amino-3-methyl-1-oxobutan-2-yl)
17		-1H-indazole-3-carboxamide with substitution on the
18		nitrogen atom of the indazole ring by alkyl,
19		haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
20		aryl halide, alkyl aryl halide, 1-(N-methyl-2-
21		piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,
22		whether or not further substituted on the indazole
23		ring to any extent: including, but not limited to,
24		AB-PINACA, AB-FUBINACA, AB-CHMINACA;
25		(67) N-(1-amino-3,3-dimethyl-1-oxobutan-
26		2-yl)-1H-indazole-3-carboxamide with substitution

HB3855 Engrossed - 1315 - LRB100 05985 AMC 16014 b
1		on the nitrogen atom of the indazole ring by alkyl,
2		haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
3		aryl halide, alkyl aryl halide, 1-(N-methyl-2-
4		piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether
5		or not further substituted on the indazole ring to any
6		extent: including, but not limited to, ADB-PINACA,
7		ADB-FUBINACA;
8		(68) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-
9		1H-indole-3-carboxamide with substitution on the nitrogen
10		atom of the indole ring by alkyl, haloalkyl, alkenyl,
11		cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl
12		aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
13		2-(4-morpholinyl)ethyl, whether or not further
14		substituted on the indole ring to any extent:
15		including, but not limited to, ADBICA, 5F-ADBICA;
16		(69) N-(1-amino-3-methyl-1-oxobutan-2-yl)-
17		1H-indole-3-carboxamide with substitution on the
18		nitrogen atom of the indole ring by alkyl, haloalkyl,
19		alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl
20		halide, alkyl aryl halide, 1-(N-methyl-2-
21		piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,
22		whether or not further substituted on the indole
23		ring to any extent: including, but not limited
24		to, ABICA, 5F-ABICA;
25		(70) Methyl 2-(1H-indazole-3-carboxamido)-
26		3-methylbutanoate with substitution on the nitrogen

HB3855 Engrossed - 1316 - LRB100 05985 AMC 16014 b
1		atom of the indazole ring by alkyl, haloalkyl,
2		alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl
3		halide, alkyl aryl halide, 1-(N-methyl-2-
4		piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,
5		whether or not further substituted on the indazole
6		ring to any extent: including, but not limited to, AMB,
7		5F-AMB.
8		(e) Unless specifically excepted or unless listed in
9		another schedule, any material, compound, mixture, or
10		preparation which contains any quantity of the following
11		substances having a depressant effect on the central nervous
12		system, including its salts, isomers, and salts of isomers
13		whenever the existence of such salts, isomers, and salts of
14		isomers is possible within the specific chemical designation:
15		(1) mecloqualone;
16		(2) methaqualone; and
17		(3) gamma hydroxybutyric acid.
18		(f) Unless specifically excepted or unless listed in
19		another schedule, any material, compound, mixture, or
20		preparation which contains any quantity of the following
21		substances having a stimulant effect on the central nervous
22		system, including its salts, isomers, and salts of isomers:
23		(1) Fenethylline;
24		(2) N-ethylamphetamine;
25		(3) Aminorex (some other names:
26		2-amino-5-phenyl-2-oxazoline; aminoxaphen;

HB3855 Engrossed - 1317 - LRB100 05985 AMC 16014 b
1		4-5-dihydro-5-phenyl-2-oxazolamine) and its
2		salts, optical isomers, and salts of optical isomers;
3		(4) Methcathinone (some other names:
4		2-methylamino-1-phenylpropan-1-one;
5		Ephedrone; 2-(methylamino)-propiophenone;
6		alpha-(methylamino)propiophenone; N-methylcathinone;
7		methycathinone; Monomethylpropion; UR 1431) and its
8		salts, optical isomers, and salts of optical isomers;
9		(5) Cathinone (some trade or other names:
10		2-aminopropiophenone; alpha-aminopropiophenone;
11		2-amino-1-phenyl-propanone; norephedrone);
12		(6) N,N-dimethylamphetamine (also known as:
13		N,N-alpha-trimethyl-benzeneethanamine;
14		N,N-alpha-trimethylphenethylamine);
15		(7) (+ or -) cis-4-methylaminorex ((+ or -) cis-
16		4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine);
17		(8) 3,4-Methylenedioxypyrovalerone (MDPV).
18		(g) Temporary listing of substances subject to emergency
19		scheduling. Any material, compound, mixture, or preparation
20		that contains any quantity of the following substances:
21		(1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
22		(benzylfentanyl), its optical isomers, isomers, salts,
23		and salts of isomers;
24		(2) N-[1(2-thienyl)
25		methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl),
26		its optical isomers, salts, and salts of isomers.

HB3855 Engrossed - 1318 - LRB100 05985 AMC 16014 b
1		(h) Synthetic cathinones. Unless specifically excepted,
2		any chemical compound not including bupropion, structurally
3		derived from 2-aminopropan-1-one by substitution at the
4		1-position with either phenyl, naphthyl, or thiophene ring
5		systems, whether or not the compound is further modified in one
6		or more of the following ways:
7		(1) by substitution in the ring system to
8		any extent with alkyl, alkylenedioxy, alkoxy,
9		haloalkyl, hydroxyl, or halide substituents, whether
10		or not further substituted in the ring system
11		by one or more other univalent substituents.
12		Examples of this class include, but are not
13		limited to, 3,4-Methylenedioxycathinone
14		(bk-MDA);
15		(2) by substitution at the 3-position
16		with an acyclic alkyl substituent. Examples of
17		this class include, but are not limited to,
18		2-methylamino-1-phenylbutan-1-one
19		(buphedrone); or
20		(3) by substitution at the 2-amino nitrogen
21		atom with alkyl, dialkyl, benzyl, or methoxybenzyl
22		groups, or by inclusion of the 2-amino nitrogen atom
23		in a cyclic structure. Examples of this class include,
24		but are not limited to, Dimethylcathinone, Ethcathinone,
25		and a-Pyrrolidinopropiophenone (a-PPP).
26		(Source: P.A. 98-987, eff. 1-1-15; 99-371, eff. 1-1-16; revised

HB3855 Engrossed - 1319 - LRB100 05985 AMC 16014 b
1		10-25-16.)
2		Section 675. The Prevention of Tobacco Use by Minors and
3		Sale and Distribution of Tobacco Products Act is amended by
4		changing Sections 1.5 and 2 as follows:
5		(720 ILCS 675/1.5)
6		Sec. 1.5. Distribution of alternative nicotine products to
7		persons under 18 years of age prohibited.
8		(a) For the purposes of this Section, "alternative nicotine
9		product" means a product or device not consisting of or
10		containing tobacco that provides for the ingestion into the
11		body of nicotine, whether by chewing, smoking, absorbing,
12		dissolving, inhaling, snorting, sniffing, or by any other
13		means. "Alternative nicotine product" excludes cigarettes,
14		smokeless tobacco, or other tobacco products as these terms are
15		defined in Section 1 of this Act and any product approved by
16		the United States Food and Drug Administration as a non-tobacco
17		product for sale as a tobacco cessation product, as a tobacco
18		dependence product, or for other medical purposes, and is being
19		marketed and sold solely for that approved purpose.
20		(b) A person, either directly or indirectly by an agent or
21		employee, or by a vending machine owned by the person or
22		located in the person's establishment, may not sell, offer for
23		sale, give, or furnish any alternative nicotine product, or any
24		cartridge or component of an alternative nicotine product, to a

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1		person under 18 years of age.
2		(c) Before selling, offering for sale, giving, or
3		furnishing an alternative nicotine product, or any cartridge or
4		component of an alternative nicotine product, to another
5		person, the person selling, offering for sale, giving, or
6		furnishing the alternative nicotine product shall verify that
7		the person is at least 18 years of age by:
8		(1) examining from any person that appears to be under
9		27 years of age a government-issued photographic
10		identification that establishes the person is at least 18
11		years of age or
12		(2) for sales made through though the Internet or other
13		remote sales methods, performing an age verification
14		through an independent, third-party age verification
15		service that compares information available from public
16		records to the personal information entered by the person
17		during the ordering process that establishes the person is
18		18 years of age or older.
19		(d) A person under 18 years of age shall not possess an
20		alternative nicotine product.
21		(Source: P.A. 98-350, eff. 1-1-14; 99-496, eff. 6-1-16; revised
22		10-25-16.)
23		(720 ILCS 675/2) (from Ch. 23, par. 2358)
24		Sec. 2. Penalties.
25		(a) Any person who violates subsection (a) or (a-5) of

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1		Section 1 or subsection (b) or (c) of Section 1.5 of this Act
2		is guilty of a petty offense. For the first offense in a
3		24-month period, the person shall be fined $200 if his or her
4		employer has a training program that facilitates compliance
5		with minimum-age tobacco laws. For the second offense in a
6		24-month period, the person shall be fined $400 if his or her
7		employer has a training program that facilitates compliance
8		with minimum-age tobacco laws. For the third offense in a
9		24-month period, the person shall be fined $600 if his or her
10		employer has a training program that facilitates compliance
11		with minimum-age tobacco laws. For the fourth or subsequent
12		offense in a 24-month period, the person shall be fined $800 if
13		his or her employer has a training program that facilitates
14		compliance with minimum-age tobacco laws. For the purposes of
15		this subsection, the 24-month period shall begin with the
16		person's first violation of the Act. The penalties in this
17		subsection are in addition to any other penalties prescribed
18		under the Cigarette Tax Act and the Tobacco Products Tax Act of
19		1995.
20		(a-5) Any retailer who violates subsection (a) or (a-5) of
21		Section 1 or subsection (b) or (c) of Section 1.5 of this Act
22		is guilty of a petty offense. For the first offense, the
23		retailer shall be fined $200 if it does not have a training
24		program that facilitates compliance with minimum-age tobacco
25		laws. For the second offense, the retailer shall be fined $400
26		if it does not have a training program that facilitates

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1		compliance with minimum-age tobacco laws. For the third
2		offense, the retailer shall be fined $600 if it does not have a
3		training program that facilitates compliance with minimum-age
4		tobacco laws. For the fourth or subsequent offense in a
5		24-month period, the retailer shall be fined $800 if it does
6		not have a training program that facilitates compliance with
7		minimum-age tobacco laws. For the purposes of this subsection,
8		the 24-month period shall begin with the person's first
9		violation of the Act. The penalties in this subsection are in
10		addition to any other penalties prescribed under the Cigarette
11		Tax Act and the Tobacco Products Tax Act of 1995.
12		(a-6) For the purpose of this Act, a training program that
13		facilitates compliance with minimum-age tobacco laws must
14		include at least the following elements: (i) it must explain
15		that only individuals displaying valid identification
16		demonstrating that they are 18 years of age or older shall be
17		eligible to purchase cigarettes or tobacco products and (ii) it
18		must explain where a clerk can check identification for a date
19		of birth. The training may be conducted electronically. Each
20		retailer that has a training program shall require each
21		employee who completes the training program to sign a form
22		attesting that the employee has received and completed tobacco
23		training. The form shall be kept in the employee's file and may
24		be used to provide proof of training.
25		(b) If a minor violates subsection (a-7) of Section 1 or
26		subsection (d) of Section 1.5, he or she is guilty of a petty

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1		offense and the court may impose a sentence of 25 hours of
2		community service and a fine of $50 for a first violation. If a
3		minor violates subsection (a-6) of Section 1, he or she is
4		guilty of a Class A misdemeanor.
5		(c) A second violation by a minor of subsection (a-7) of
6		Section 1 or subsection (d) of Section 1.5 that occurs within
7		12 months after the first violation is punishable by a fine of
8		$75 and 50 hours of community service.
9		(d) A third or subsequent violation by a minor of
10		subsection (a-7) of Section 1 or subsection (d) of Section 1.5
11		that occurs within 12 months after the first violation is
12		punishable by a $200 fine and 50 hours of community service.
13		(e) Any second or subsequent violation not within the
14		12-month time period after the first violation is punishable as
15		provided for a first violation.
16		(f) If a minor is convicted of or placed on supervision for
17		a violation of subsection (a-6) or (a-7) of Section 1 or
18		subsection (d) of Section 1.5, the court may, in its
19		discretion, and upon recommendation by the State's Attorney,
20		order that minor and his or her parents or legal guardian to
21		attend a smoker's education or youth diversion program if that
22		program is available in the jurisdiction where the offender
23		resides. Attendance at a smoker's education or youth diversion
24		program shall be time-credited against any community service
25		time imposed for any first violation of subsection (a-7) of
26		Section 1. In addition to any other penalty that the court may

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1		impose for a violation of subsection (a-7) of Section 1 or
2		subsection (d) of Section 1.5, the court, upon request by the
3		State's Attorney, may in its discretion require the offender to
4		remit a fee for his or her attendance at a smoker's education
5		or youth diversion program.
6		(g) For purposes of this Section, "smoker's education
7		program" or "youth diversion program" includes, but is not
8		limited to, a seminar designed to educate a person on the
9		physical and psychological effects of smoking tobacco products
10		and alternative nicotine products and the health consequences
11		of smoking tobacco products and alternative nicotine products
12		that can be conducted with a locality's youth diversion
13		program.
14		(h) All moneys collected as fines for violations of
15		subsection (a), (a-5), (a-6), or (a-7) of Section 1 and
16		subsection (b), (c), or (d) of Section 1.5 shall be distributed
17		in the following manner:
18		(1) one-half of each fine shall be distributed to the
19		unit of local government or other entity that successfully
20		prosecuted the offender; and
21		(2) one-half shall be remitted to the State to be used
22		for enforcing this Act.
23		Any violation of subsection (a) or (a-5) of Section 1 or
24		subsection (b) or (c) of Section 1.5 shall be reported to the
25		Department of Revenue within 7 business days.
26		(Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16;

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1		99-192, eff. 1-1-16; 99-496, eff. 6-1-16; revised 9-14-16.)
2		Section 680. The Code of Criminal Procedure of 1963 is
3		amended by changing Sections 115-9.2 and 115-10 as follows:
4		(725 ILCS 5/115-9.2)
5		Sec. 115-9.2. Currency used in undercover investigation.
6		(a) In a prosecution in which United States currency was
7		used by a law enforcement officer or agency or by a person
8		acting under the direction of a law enforcement officer or
9		agency in an undercover investigation of an offense that has
10		imprisonment as an available sentence for a violation of the
11		offense, the court shall receive, as competent evidence, a
12		photograph, photostatic copy, or photocopy of the currency used
13		in the undercover investigation, if the photograph,
14		photostatic copy, or photocopy:
15		(1) the photograph, photostatic copy, or photocopy
16		will serve the purpose of demonstrating the nature of the
17		currency;
18		(2) the individual serial numbers of the currency are
19		clearly visible or if the amount of currency exceeds $500
20		the individual serial numbers of a sample of 10% of the
21		currency are clearly visible, and any identification marks
22		placed on the currency by law enforcement as part of the
23		investigation are clearly visible;
24		(3) the photograph, photostatic copy, or photocopy

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1		complies with federal law, rule, or regulation
2		requirements on photographs, photostatic copies, or
3		photocopies of United States currency; and
4		(4) the photograph, photostatic copy, or photocopy is
5		otherwise admissible into evidence under all other rules of
6		law governing the admissibility of photographs,
7		photostatic copies, or photocopies into evidence.
8		(b) The fact that it is impractical to introduce into
9		evidence the actual currency for any reason, including its
10		size, weight, or unavailability, need not be established for
11		the court to find a photograph, photostatic copy, or photocopy
12		of that currency to be competent evidence.
13		(c) If a photograph, photostatic copy, or photocopy is
14		found to be competent evidence under this Section, it is
15		admissible into evidence in place of the currency and to the
16		same extent as the currency itself.
17		(Source: P.A. 99-685, eff. 1-1-17; revised 10-27-16.)
18		(725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
19		Sec. 115-10. Certain hearsay exceptions.
20		(a) In a prosecution for a physical or sexual act
21		perpetrated upon or against a child under the age of 13, a
22		person with an intellectual disability, a person with a
23		cognitive impairment, or a person with a developmental
24		disability, including, but not limited, to, prosecutions for
25		violations of Sections 11-1.20 through 11-1.60 or 12-13 through

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1		12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
2		and prosecutions for violations of Sections 10-1 (kidnapping),
3		10-2 (aggravated kidnapping), 10-3 (unlawful restraint),
4		10-3.1 (aggravated unlawful restraint), 10-4 (forcible
5		detention), 10-5 (child abduction), 10-6 (harboring a
6		runaway), 10-7 (aiding or abetting child abduction), 11-9
7		(public indecency), 11-11 (sexual relations within families),
8		11-21 (harmful material), 12-1 (assault), 12-2 (aggravated
9		assault), 12-3 (battery), 12-3.2 (domestic battery), 12-3.3
10		(aggravated domestic battery), 12-3.05 or 12-4 (aggravated
11		battery), 12-4.1 (heinous battery), 12-4.2 (aggravated battery
12		with a firearm), 12-4.3 (aggravated battery of a child), 12-4.7
13		(drug induced infliction of great bodily harm), 12-5 (reckless
14		conduct), 12-6 (intimidation), 12-6.1 or 12-6.5 (compelling
15		organization membership of persons), 12-7.1 (hate crime),
16		12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-10 or
17		12C-35 (tattooing the body of a minor), 12-11 or 19-6 (home
18		invasion), 12-21.5 or 12C-10 (child abandonment), 12-21.6 or
19		12C-5 (endangering the life or health of a child) or 12-32
20		(ritual mutilation) of the Criminal Code of 1961 or the
21		Criminal Code of 2012 or any sex offense as defined in
22		subsection (B) of Section 2 of the Sex Offender Registration
23		Act, the following evidence shall be admitted as an exception
24		to the hearsay rule:
25		(1) testimony by the victim of an out of court
26		statement made by the victim that he or she complained of

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1		such act to another; and
2		(2) testimony of an out of court statement made by the
3		victim describing any complaint of such act or matter or
4		detail pertaining to any act which is an element of an
5		offense which is the subject of a prosecution for a sexual
6		or physical act against that victim.
7		(b) Such testimony shall only be admitted if:
8		(1) The court finds in a hearing conducted outside the
9		presence of the jury that the time, content, and
10		circumstances of the statement provide sufficient
11		safeguards of reliability; and
12		(2) The child or person with an intellectual
13		disability, a cognitive impairment, or developmental
14		disability either:
15		(A) testifies at the proceeding; or
16		(B) is unavailable as a witness and there is
17		corroborative evidence of the act which is the subject
18		of the statement; and
19		(3) In a case involving an offense perpetrated against
20		a child under the age of 13, the out of court statement was
21		made before the victim attained 13 years of age or within 3
22		months after the commission of the offense, whichever
23		occurs later, but the statement may be admitted regardless
24		of the age of the victim at the time of the proceeding.
25		(c) If a statement is admitted pursuant to this Section,
26		the court shall instruct the jury that it is for the jury to

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1		determine the weight and credibility to be given the statement
2		and that, in making the determination, it shall consider the
3		age and maturity of the child, or the intellectual capabilities
4		of the person with an intellectual disability, a cognitive
5		impairment, or developmental disability, the nature of the
6		statement, the circumstances under which the statement was
7		made, and any other relevant factor.
8		(d) The proponent of the statement shall give the adverse
9		party reasonable notice of his intention to offer the statement
10		and the particulars of the statement.
11		(e) Statements described in paragraphs (1) and (2) of
12		subsection (a) shall not be excluded on the basis that they
13		were obtained as a result of interviews conducted pursuant to a
14		protocol adopted by a Child Advocacy Advisory Board as set
15		forth in subsections (c), (d), and (e) of Section 3 of the
16		Children's Advocacy Center Act or that an interviewer or
17		witness to the interview was or is an employee, agent, or
18		investigator of a State's Attorney's office.
19		(f) For the purposes of this Section:
20		"Person with a cognitive impairment" means a person with a
21		significant impairment of cognition or memory that represents a
22		marked deterioration from a previous level of function.
23		Cognitive impairment includes, but is not limited to, dementia,
24		amnesia, delirium, or a traumatic brain injury.
25		"Person with a developmental disability" means a person
26		with a disability that is attributable to (1) an intellectual

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1		disability, cerebral palsy, epilepsy, or autism, or (2) any
2		other condition that results in an impairment similar to that
3		caused by an intellectual disability and requires services
4		similar to those required by a person with an intellectual
5		disability.
6		"Person with an intellectual disability" means a person
7		with significantly subaverage general intellectual functioning
8		which exists concurrently with an impairment in adaptive
9		behavior.
10		(Source: P.A. 99-143, eff. 7-27-15; 99-752, eff. 1-1-17;
11		revised 10-27-16.)
12		Section 685. The Sexual Assault Incident Procedure Act is
13		amended by changing Sections 15 and 20 as follows:
14		(725 ILCS 203/15)
15		Sec. 15. Sexual assault incident policies.
16		(a) On or before January 1, 2018, every law enforcement
17		agency shall develop, adopt, and implement written policies
18		regarding procedures for incidents of sexual assault or sexual
19		abuse consistent with the guidelines developed under
20		subsection (b) of this Section. In developing these policies,
21		each law enforcement agency is encouraged to consult with other
22		law enforcement agencies, sexual assault advocates, and sexual
23		assault nurse examiners with expertise in recognizing and
24		handling sexual assault and sexual abuse incidents. These

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1		policies must include mandatory sexual assault and sexual abuse
2		response training as required in Section 10.21 10.19 of the
3		Illinois Police Training Act and Sections 2605-53 and 2605-98
4		of the Department of State Police Law of the Civil
5		Administrative Code of Illinois.
6		(b) On or before July 1, 2017, the Office of the Attorney
7		General, in consultation with the Illinois Law Enforcement
8		Training Standards Board and the Department of State Police,
9		shall develop and make available to each law enforcement
10		agency, comprehensive guidelines for creation of a law
11		enforcement agency policy on evidence-based, trauma-informed,
12		victim-centered sexual assault and sexual abuse response and
13		investigation.
14		These guidelines shall include, but not be limited to the
15		following:
16		(1) dispatcher or call taker response;
17		(2) responding officer duties;
18		(3) duties of officers investigating sexual assaults
19		and sexual abuse;
20		(4) supervisor duties;
21		(5) report writing;
22		(6) reporting methods;
23		(7) victim interviews;
24		(8) evidence collection;
25		(9) sexual assault medical forensic examinations;
26		(10) suspect interviews;

HB3855 Engrossed - 1332 - LRB100 05985 AMC 16014 b
1		(11) suspect forensic exams;
2		(12) witness interviews;
3		(13) sexual assault response and resource teams, if
4		applicable;
5		(14) working with victim advocates;
6		(15) working with prosecutors;
7		(16) victims' rights;
8		(17) victim notification; and
9		(18) consideration for specific populations or
10		communities.
11		(Source: P.A. 99-801, eff. 1-1-17; revised 10-21-16.)
12		(725 ILCS 203/20)
13		Sec. 20. Reports by law enforcement officers.
14		(a) A law enforcement officer shall complete a written
15		police report upon receiving the following, regardless of where
16		the incident occurred:
17		(1) an allegation by a person that the person has been
18		sexually assaulted or sexually abused regardless of
19		jurisdiction;
20		(2) information from hospital or medical personnel
21		provided under Section 3.2 of the Criminal Identification
22		Act; or
23		(3) information from a witness who personally observed
24		what appeared to be a sexual assault or sexual abuse or
25		attempted sexual assault or sexual abuse.

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1		(b) The written report shall include the following, if
2		known:
3		(1) the victim's name or other identifier;
4		(2) the victim's contact information;
5		(3) time, date, and location of offense;
6		(4) information provided by the victim;
7		(5) the suspect's description and name, if known;
8		(6) names of persons with information relevant to the
9		time before, during, or after the sexual assault or sexual
10		abuse, and their contact information;
11		(7) names of medical professionals who provided a
12		medical forensic examination of the victim and any
13		information they provided about the sexual assault or
14		sexual abuse;
15		(8) whether an Illinois State Police Sexual Assault
16		Evidence Collection Kit was completed, the name and contact
17		information for the hospital, and whether the victim
18		consented to testing of the Evidence Collection Kit by law
19		enforcement;
20		(9) whether a urine or blood sample was collected and
21		whether the victim consented to testing of a toxicology
22		screen by law enforcement;
23		(10) information the victim related to medical
24		professionals during a medical forensic examination which
25		the victim consented to disclosure to law enforcement; and
26		(11) other relevant information.

HB3855 Engrossed - 1334 - LRB100 05985 AMC 16014 b
1		(c) If the sexual assault or sexual abuse occurred in
2		another jurisdiction, the law enforcement officer taking the
3		report must submit the report to the law enforcement agency
4		having jurisdiction in person or via fax or email within 24
5		hours of receiving information about the sexual assault or
6		sexual abuse.
7		(d) Within 24 hours of receiving a report from a law
8		enforcement agency in another jurisdiction in accordance with
9		subsection (c), the law enforcement agency having jurisdiction
10		shall submit a written confirmation to the law enforcement
11		agency that wrote the report. The written confirmation shall
12		contain the name and identifier of the person and confirming
13		receipt of the report and a name and contact phone number that
14		will be given to the victim. The written confirmation shall be
15		delivered in person or via fax or email.
16		(e) No law enforcement officer shall require a victim of
17		sexual assault or sexual abuse to submit to an interview.
18		(f) No law enforcement agency may refuse to complete a
19		written report as required by this Section on any ground.
20		(g) All law enforcement agencies shall ensure that all
21		officers responding to or investigating a complaint of sexual
22		assault or sexual abuse have successfully completed training
23		under Section 10.21 10.19 of the Illinois Police Training Act
24		and Section 2605-98 of the Department of State Police Law of
25		the Civil Administrative Code of Illinois.
26		(Source: P.A. 99-801, eff. 1-1-17; revised 10-21-16.)

HB3855 Engrossed - 1335 - LRB100 05985 AMC 16014 b
1		Section 690. The Unified Code of Corrections is amended by
2		changing Sections 3-3-7, 5-6-3.1, 5-8-1.2, 5-8-8, 5-8A-3,
3		5-8A-5, and 5-8A-7 as follows:
4		(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
5		Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
6		Release.
7		(a) The conditions of parole or mandatory supervised
8		release shall be such as the Prisoner Review Board deems
9		necessary to assist the subject in leading a law-abiding life.
10		The conditions of every parole and mandatory supervised release
11		are that the subject:
12		(1) not violate any criminal statute of any
13		jurisdiction during the parole or release term;
14		(2) refrain from possessing a firearm or other
15		dangerous weapon;
16		(3) report to an agent of the Department of
17		Corrections;
18		(4) permit the agent to visit him or her at his or her
19		home, employment, or elsewhere to the extent necessary for
20		the agent to discharge his or her duties;
21		(5) attend or reside in a facility established for the
22		instruction or residence of persons on parole or mandatory
23		supervised release;
24		(6) secure permission before visiting or writing a

HB3855 Engrossed - 1336 - LRB100 05985 AMC 16014 b
1		committed person in an Illinois Department of Corrections
2		facility;
3		(7) report all arrests to an agent of the Department of
4		Corrections as soon as permitted by the arresting authority
5		but in no event later than 24 hours after release from
6		custody and immediately report service or notification of
7		an order of protection, a civil no contact order, or a
8		stalking no contact order to an agent of the Department of
9		Corrections;
10		(7.5) if convicted of a sex offense as defined in the
11		Sex Offender Management Board Act, the individual shall
12		undergo and successfully complete sex offender treatment
13		conducted in conformance with the standards developed by
14		the Sex Offender Management Board Act by a treatment
15		provider approved by the Board;
16		(7.6) if convicted of a sex offense as defined in the
17		Sex Offender Management Board Act, refrain from residing at
18		the same address or in the same condominium unit or
19		apartment unit or in the same condominium complex or
20		apartment complex with another person he or she knows or
21		reasonably should know is a convicted sex offender or has
22		been placed on supervision for a sex offense; the
23		provisions of this paragraph do not apply to a person
24		convicted of a sex offense who is placed in a Department of
25		Corrections licensed transitional housing facility for sex
26		offenders, or is in any facility operated or licensed by

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1		the Department of Children and Family Services or by the
2		Department of Human Services, or is in any licensed medical
3		facility;
4		(7.7) if convicted for an offense that would qualify
5		the accused as a sexual predator under the Sex Offender
6		Registration Act on or after January 1, 2007 (the effective
7		date of Public Act 94-988), wear an approved electronic
8		monitoring device as defined in Section 5-8A-2 for the
9		duration of the person's parole, mandatory supervised
10		release term, or extended mandatory supervised release
11		term and if convicted for an offense of criminal sexual
12		assault, aggravated criminal sexual assault, predatory
13		criminal sexual assault of a child, criminal sexual abuse,
14		aggravated criminal sexual abuse, or ritualized abuse of a
15		child committed on or after August 11, 2009 (the effective
16		date of Public Act 96-236) when the victim was under 18
17		years of age at the time of the commission of the offense
18		and the defendant used force or the threat of force in the
19		commission of the offense wear an approved electronic
20		monitoring device as defined in Section 5-8A-2 that has
21		Global Positioning System (GPS) capability for the
22		duration of the person's parole, mandatory supervised
23		release term, or extended mandatory supervised release
24		term;
25		(7.8) if convicted for an offense committed on or after
26		June 1, 2008 (the effective date of Public Act 95-464) that

HB3855 Engrossed - 1338 - LRB100 05985 AMC 16014 b
1		would qualify the accused as a child sex offender as
2		defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
3		1961 or the Criminal Code of 2012, refrain from
4		communicating with or contacting, by means of the Internet,
5		a person who is not related to the accused and whom the
6		accused reasonably believes to be under 18 years of age;
7		for purposes of this paragraph (7.8), "Internet" has the
8		meaning ascribed to it in Section 16-0.1 of the Criminal
9		Code of 2012; and a person is not related to the accused if
10		the person is not: (i) the spouse, brother, or sister of
11		the accused; (ii) a descendant of the accused; (iii) a
12		first or second cousin of the accused; or (iv) a step-child
13		or adopted child of the accused;
14		(7.9) if convicted under Section 11-6, 11-20.1,
15		11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or
16		the Criminal Code of 2012, consent to search of computers,
17		PDAs, cellular phones, and other devices under his or her
18		control that are capable of accessing the Internet or
19		storing electronic files, in order to confirm Internet
20		protocol addresses reported in accordance with the Sex
21		Offender Registration Act and compliance with conditions
22		in this Act;
23		(7.10) if convicted for an offense that would qualify
24		the accused as a sex offender or sexual predator under the
25		Sex Offender Registration Act on or after June 1, 2008 (the
26		effective date of Public Act 95-640), not possess

HB3855 Engrossed - 1339 - LRB100 05985 AMC 16014 b
1		prescription drugs for erectile dysfunction;
2		(7.11) if convicted for an offense under Section 11-6,
3		11-9.1, 11-14.4 that involves soliciting for a juvenile
4		prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
5		of the Criminal Code of 1961 or the Criminal Code of 2012,
6		or any attempt to commit any of these offenses, committed
7		on or after June 1, 2009 (the effective date of Public Act
8		95-983):
9		(i) not access or use a computer or any other
10		device with Internet capability without the prior
11		written approval of the Department;
12		(ii) submit to periodic unannounced examinations
13		of the offender's computer or any other device with
14		Internet capability by the offender's supervising
15		agent, a law enforcement officer, or assigned computer
16		or information technology specialist, including the
17		retrieval and copying of all data from the computer or
18		device and any internal or external peripherals and
19		removal of such information, equipment, or device to
20		conduct a more thorough inspection;
21		(iii) submit to the installation on the offender's
22		computer or device with Internet capability, at the
23		offender's expense, of one or more hardware or software
24		systems to monitor the Internet use; and
25		(iv) submit to any other appropriate restrictions
26		concerning the offender's use of or access to a

HB3855 Engrossed - 1340 - LRB100 05985 AMC 16014 b
1		computer or any other device with Internet capability
2		imposed by the Board, the Department or the offender's
3		supervising agent;
4		(7.12) if convicted of a sex offense as defined in the
5		Sex Offender Registration Act committed on or after January
6		1, 2010 (the effective date of Public Act 96-262), refrain
7		from accessing or using a social networking website as
8		defined in Section 17-0.5 of the Criminal Code of 2012;
9		(7.13) if convicted of a sex offense as defined in
10		Section 2 of the Sex Offender Registration Act committed on
11		or after January 1, 2010 (the effective date of Public Act
12		96-362) that requires the person to register as a sex
13		offender under that Act, may not knowingly use any computer
14		scrub software on any computer that the sex offender uses;
15		(8) obtain permission of an agent of the Department of
16		Corrections before leaving the State of Illinois;
17		(9) obtain permission of an agent of the Department of
18		Corrections before changing his or her residence or
19		employment;
20		(10) consent to a search of his or her person,
21		property, or residence under his or her control;
22		(11) refrain from the use or possession of narcotics or
23		other controlled substances in any form, or both, or any
24		paraphernalia related to those substances and submit to a
25		urinalysis test as instructed by a parole agent of the
26		Department of Corrections;

HB3855 Engrossed - 1341 - LRB100 05985 AMC 16014 b
1		(12) not frequent places where controlled substances
2		are illegally sold, used, distributed, or administered;
3		(13) not knowingly associate with other persons on
4		parole or mandatory supervised release without prior
5		written permission of his or her parole agent, except when
6		the association involves activities related to community
7		programs, worship services, volunteering, and engaging
8		families, and not associate with persons who are members of
9		an organized gang as that term is defined in the Illinois
10		Streetgang Terrorism Omnibus Prevention Act;
11		(14) provide true and accurate information, as it
12		relates to his or her adjustment in the community while on
13		parole or mandatory supervised release or to his or her
14		conduct while incarcerated, in response to inquiries by his
15		or her parole agent or of the Department of Corrections;
16		(15) follow any specific instructions provided by the
17		parole agent that are consistent with furthering
18		conditions set and approved by the Prisoner Review Board or
19		by law, exclusive of placement on electronic detention, to
20		achieve the goals and objectives of his or her parole or
21		mandatory supervised release or to protect the public.
22		These instructions by the parole agent may be modified at
23		any time, as the agent deems appropriate;
24		(16) if convicted of a sex offense as defined in
25		subsection (a-5) of Section 3-1-2 of this Code, unless the
26		offender is a parent or guardian of the person under 18

HB3855 Engrossed - 1342 - LRB100 05985 AMC 16014 b
1		years of age present in the home and no non-familial minors
2		are present, not participate in a holiday event involving
3		children under 18 years of age, such as distributing candy
4		or other items to children on Halloween, wearing a Santa
5		Claus costume on or preceding Christmas, being employed as
6		a department store Santa Claus, or wearing an Easter Bunny
7		costume on or preceding Easter;
8		(17) if convicted of a violation of an order of
9		protection under Section 12-3.4 or Section 12-30 of the
10		Criminal Code of 1961 or the Criminal Code of 2012, be
11		placed under electronic surveillance as provided in
12		Section 5-8A-7 of this Code;
13		(18) comply with the terms and conditions of an order
14		of protection issued pursuant to the Illinois Domestic
15		Violence Act of 1986; an order of protection issued by the
16		court of another state, tribe, or United States territory;
17		a no contact order issued pursuant to the Civil No Contact
18		Order Act; or a no contact order issued pursuant to the
19		Stalking No Contact Order Act; and
20		(19) if convicted of a violation of the Methamphetamine
21		Control and Community Protection Act, the Methamphetamine
22		Precursor Control Act, or a methamphetamine related
23		offense, be:
24		(A) prohibited from purchasing, possessing, or
25		having under his or her control any product containing
26		pseudoephedrine unless prescribed by a physician; and

HB3855 Engrossed - 1343 - LRB100 05985 AMC 16014 b
1		(B) prohibited from purchasing, possessing, or
2		having under his or her control any product containing
3		ammonium nitrate.
4		(b) The Board may in addition to other conditions require
5		that the subject:
6		(1) work or pursue a course of study or vocational
7		training;
8		(2) undergo medical or psychiatric treatment, or
9		treatment for drug addiction or alcoholism;
10		(3) attend or reside in a facility established for the
11		instruction or residence of persons on probation or parole;
12		(4) support his or her dependents;
13		(5) (blank);
14		(6) (blank);
15		(7) (blank);
16		(7.5) if convicted for an offense committed on or after
17		the effective date of this amendatory Act of the 95th
18		General Assembly that would qualify the accused as a child
19		sex offender as defined in Section 11-9.3 or 11-9.4 of the
20		Criminal Code of 1961 or the Criminal Code of 2012, refrain
21		from communicating with or contacting, by means of the
22		Internet, a person who is related to the accused and whom
23		the accused reasonably believes to be under 18 years of
24		age; for purposes of this paragraph (7.5), "Internet" has
25		the meaning ascribed to it in Section 16-0.1 of the
26		Criminal Code of 2012; and a person is related to the

HB3855 Engrossed - 1344 - LRB100 05985 AMC 16014 b
1		accused if the person is: (i) the spouse, brother, or
2		sister of the accused; (ii) a descendant of the accused;
3		(iii) a first or second cousin of the accused; or (iv) a
4		step-child or adopted child of the accused;
5		(7.6) if convicted for an offense committed on or after
6		June 1, 2009 (the effective date of Public Act 95-983) that
7		would qualify as a sex offense as defined in the Sex
8		Offender Registration Act:
9		(i) not access or use a computer or any other
10		device with Internet capability without the prior
11		written approval of the Department;
12		(ii) submit to periodic unannounced examinations
13		of the offender's computer or any other device with
14		Internet capability by the offender's supervising
15		agent, a law enforcement officer, or assigned computer
16		or information technology specialist, including the
17		retrieval and copying of all data from the computer or
18		device and any internal or external peripherals and
19		removal of such information, equipment, or device to
20		conduct a more thorough inspection;
21		(iii) submit to the installation on the offender's
22		computer or device with Internet capability, at the
23		offender's expense, of one or more hardware or software
24		systems to monitor the Internet use; and
25		(iv) submit to any other appropriate restrictions
26		concerning the offender's use of or access to a

HB3855 Engrossed - 1345 - LRB100 05985 AMC 16014 b
1		computer or any other device with Internet capability
2		imposed by the Board, the Department or the offender's
3		supervising agent; and
4		(8) in addition, if a minor:
5		(i) reside with his or her parents or in a foster
6		home;
7		(ii) attend school;
8		(iii) attend a non-residential program for youth;
9		or
10		(iv) contribute to his or her own support at home
11		or in a foster home.
12		(b-1) In addition to the conditions set forth in
13		subsections (a) and (b), persons required to register as sex
14		offenders pursuant to the Sex Offender Registration Act, upon
15		release from the custody of the Illinois Department of
16		Corrections, may be required by the Board to comply with the
17		following specific conditions of release:
18		(1) reside only at a Department approved location;
19		(2) comply with all requirements of the Sex Offender
20		Registration Act;
21		(3) notify third parties of the risks that may be
22		occasioned by his or her criminal record;
23		(4) obtain the approval of an agent of the Department
24		of Corrections prior to accepting employment or pursuing a
25		course of study or vocational training and notify the
26		Department prior to any change in employment, study, or

HB3855 Engrossed - 1346 - LRB100 05985 AMC 16014 b
1		training;
2		(5) not be employed or participate in any volunteer
3		activity that involves contact with children, except under
4		circumstances approved in advance and in writing by an
5		agent of the Department of Corrections;
6		(6) be electronically monitored for a minimum of 12
7		months from the date of release as determined by the Board;
8		(7) refrain from entering into a designated geographic
9		area except upon terms approved in advance by an agent of
10		the Department of Corrections. The terms may include
11		consideration of the purpose of the entry, the time of day,
12		and others accompanying the person;
13		(8) refrain from having any contact, including written
14		or oral communications, directly or indirectly, personally
15		or by telephone, letter, or through a third party with
16		certain specified persons including, but not limited to,
17		the victim or the victim's family without the prior written
18		approval of an agent of the Department of Corrections;
19		(9) refrain from all contact, directly or indirectly,
20		personally, by telephone, letter, or through a third party,
21		with minor children without prior identification and
22		approval of an agent of the Department of Corrections;
23		(10) neither possess or have under his or her control
24		any material that is sexually oriented, sexually
25		stimulating, or that shows male or female sex organs or any
26		pictures depicting children under 18 years of age nude or

HB3855 Engrossed - 1347 - LRB100 05985 AMC 16014 b
1		any written or audio material describing sexual
2		intercourse or that depicts or alludes to sexual activity,
3		including but not limited to visual, auditory, telephonic,
4		or electronic media, or any matter obtained through access
5		to any computer or material linked to computer access use;
6		(11) not patronize any business providing sexually
7		stimulating or sexually oriented entertainment nor utilize
8		"900" or adult telephone numbers;
9		(12) not reside near, visit, or be in or about parks,
10		schools, day care centers, swimming pools, beaches,
11		theaters, or any other places where minor children
12		congregate without advance approval of an agent of the
13		Department of Corrections and immediately report any
14		incidental contact with minor children to the Department;
15		(13) not possess or have under his or her control
16		certain specified items of contraband related to the
17		incidence of sexually offending as determined by an agent
18		of the Department of Corrections;
19		(14) may be required to provide a written daily log of
20		activities if directed by an agent of the Department of
21		Corrections;
22		(15) comply with all other special conditions that the
23		Department may impose that restrict the person from
24		high-risk situations and limit access to potential
25		victims;
26		(16) take an annual polygraph exam;

HB3855 Engrossed - 1348 - LRB100 05985 AMC 16014 b
1		(17) maintain a log of his or her travel; or
2		(18) obtain prior approval of his or her parole officer
3		before driving alone in a motor vehicle.
4		(c) The conditions under which the parole or mandatory
5		supervised release is to be served shall be communicated to the
6		person in writing prior to his or her release, and he or she
7		shall sign the same before release. A signed copy of these
8		conditions, including a copy of an order of protection where
9		one had been issued by the criminal court, shall be retained by
10		the person and another copy forwarded to the officer in charge
11		of his or her supervision.
12		(d) After a hearing under Section 3-3-9, the Prisoner
13		Review Board may modify or enlarge the conditions of parole or
14		mandatory supervised release.
15		(e) The Department shall inform all offenders committed to
16		the Department of the optional services available to them upon
17		release and shall assist inmates in availing themselves of such
18		optional services upon their release on a voluntary basis.
19		(f) (Blank).
20		(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17; 99-698,
21		eff. 7-29-16; revised 9-1-16.)
22		(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
23		Sec. 5-6-3.1. Incidents and conditions of supervision.
24		(a) When a defendant is placed on supervision, the court
25		shall enter an order for supervision specifying the period of

HB3855 Engrossed - 1349 - LRB100 05985 AMC 16014 b
1		such supervision, and shall defer further proceedings in the
2		case until the conclusion of the period.
3		(b) The period of supervision shall be reasonable under all
4		of the circumstances of the case, but may not be longer than 2
5		years, unless the defendant has failed to pay the assessment
6		required by Section 10.3 of the Cannabis Control Act, Section
7		411.2 of the Illinois Controlled Substances Act, or Section 80
8		of the Methamphetamine Control and Community Protection Act, in
9		which case the court may extend supervision beyond 2 years.
10		Additionally, the court shall order the defendant to perform no
11		less than 30 hours of community service and not more than 120
12		hours of community service, if community service is available
13		in the jurisdiction and is funded and approved by the county
14		board where the offense was committed, when the offense (1) was
15		related to or in furtherance of the criminal activities of an
16		organized gang or was motivated by the defendant's membership
17		in or allegiance to an organized gang; or (2) is a violation of
18		any Section of Article 24 of the Criminal Code of 1961 or the
19		Criminal Code of 2012 where a disposition of supervision is not
20		prohibited by Section 5-6-1 of this Code. The community service
21		shall include, but not be limited to, the cleanup and repair of
22		any damage caused by violation of Section 21-1.3 of the
23		Criminal Code of 1961 or the Criminal Code of 2012 and similar
24		damages to property located within the municipality or county
25		in which the violation occurred. Where possible and reasonable,
26		the community service should be performed in the offender's

HB3855 Engrossed - 1350 - LRB100 05985 AMC 16014 b
1		neighborhood.
2		For the purposes of this Section, "organized gang" has the
3		meaning ascribed to it in Section 10 of the Illinois Streetgang
4		Terrorism Omnibus Prevention Act.
5		(c) The court may in addition to other reasonable
6		conditions relating to the nature of the offense or the
7		rehabilitation of the defendant as determined for each
8		defendant in the proper discretion of the court require that
9		the person:
10		(1) make a report to and appear in person before or
11		participate with the court or such courts, person, or
12		social service agency as directed by the court in the order
13		of supervision;
14		(2) pay a fine and costs;
15		(3) work or pursue a course of study or vocational
16		training;
17		(4) undergo medical, psychological or psychiatric
18		treatment; or treatment for drug addiction or alcoholism;
19		(5) attend or reside in a facility established for the
20		instruction or residence of defendants on probation;
21		(6) support his dependents;
22		(7) refrain from possessing a firearm or other
23		dangerous weapon;
24		(8) and in addition, if a minor:
25		(i) reside with his parents or in a foster home;
26		(ii) attend school;

HB3855 Engrossed - 1351 - LRB100 05985 AMC 16014 b
1		(iii) attend a non-residential program for youth;
2		(iv) contribute to his own support at home or in a
3		foster home; or
4		(v) with the consent of the superintendent of the
5		facility, attend an educational program at a facility
6		other than the school in which the offense was
7		committed if he or she is placed on supervision for a
8		crime of violence as defined in Section 2 of the Crime
9		Victims Compensation Act committed in a school, on the
10		real property comprising a school, or within 1,000 feet
11		of the real property comprising a school;
12		(9) make restitution or reparation in an amount not to
13		exceed actual loss or damage to property and pecuniary loss
14		or make restitution under Section 5-5-6 to a domestic
15		violence shelter. The court shall determine the amount and
16		conditions of payment;
17		(10) perform some reasonable public or community
18		service;
19		(11) comply with the terms and conditions of an order
20		of protection issued by the court pursuant to the Illinois
21		Domestic Violence Act of 1986 or an order of protection
22		issued by the court of another state, tribe, or United
23		States territory. If the court has ordered the defendant to
24		make a report and appear in person under paragraph (1) of
25		this subsection, a copy of the order of protection shall be
26		transmitted to the person or agency so designated by the

HB3855 Engrossed - 1352 - LRB100 05985 AMC 16014 b
1		court;
2		(12) reimburse any "local anti-crime program" as
3		defined in Section 7 of the Anti-Crime Advisory Council Act
4		for any reasonable expenses incurred by the program on the
5		offender's case, not to exceed the maximum amount of the
6		fine authorized for the offense for which the defendant was
7		sentenced;
8		(13) contribute a reasonable sum of money, not to
9		exceed the maximum amount of the fine authorized for the
10		offense for which the defendant was sentenced, (i) to a
11		"local anti-crime program", as defined in Section 7 of the
12		Anti-Crime Advisory Council Act, or (ii) for offenses under
13		the jurisdiction of the Department of Natural Resources, to
14		the fund established by the Department of Natural Resources
15		for the purchase of evidence for investigation purposes and
16		to conduct investigations as outlined in Section 805-105 of
17		the Department of Natural Resources (Conservation) Law;
18		(14) refrain from entering into a designated
19		geographic area except upon such terms as the court finds
20		appropriate. Such terms may include consideration of the
21		purpose of the entry, the time of day, other persons
22		accompanying the defendant, and advance approval by a
23		probation officer;
24		(15) refrain from having any contact, directly or
25		indirectly, with certain specified persons or particular
26		types of person, including but not limited to members of

HB3855 Engrossed - 1353 - LRB100 05985 AMC 16014 b
1		street gangs and drug users or dealers;
2		(16) refrain from having in his or her body the
3		presence of any illicit drug prohibited by the Cannabis
4		Control Act, the Illinois Controlled Substances Act, or the
5		Methamphetamine Control and Community Protection Act,
6		unless prescribed by a physician, and submit samples of his
7		or her blood or urine or both for tests to determine the
8		presence of any illicit drug;
9		(17) refrain from operating any motor vehicle not
10		equipped with an ignition interlock device as defined in
11		Section 1-129.1 of the Illinois Vehicle Code; under this
12		condition the court may allow a defendant who is not
13		self-employed to operate a vehicle owned by the defendant's
14		employer that is not equipped with an ignition interlock
15		device in the course and scope of the defendant's
16		employment; and
17		(18) if placed on supervision for a sex offense as
18		defined in subsection (a-5) of Section 3-1-2 of this Code,
19		unless the offender is a parent or guardian of the person
20		under 18 years of age present in the home and no
21		non-familial minors are present, not participate in a
22		holiday event involving children under 18 years of age,
23		such as distributing candy or other items to children on
24		Halloween, wearing a Santa Claus costume on or preceding
25		Christmas, being employed as a department store Santa
26		Claus, or wearing an Easter Bunny costume on or preceding

HB3855 Engrossed - 1354 - LRB100 05985 AMC 16014 b
1		Easter.
2		(c-5) If payment of restitution as ordered has not been
3		made, the victim shall file a petition notifying the sentencing
4		court, any other person to whom restitution is owed, and the
5		State's Attorney of the status of the ordered restitution
6		payments unpaid at least 90 days before the supervision
7		expiration date. If payment as ordered has not been made, the
8		court shall hold a review hearing prior to the expiration date,
9		unless the hearing is voluntarily waived by the defendant with
10		the knowledge that waiver may result in an extension of the
11		supervision period or in a revocation of supervision. If the
12		court does not extend supervision, it shall issue a judgment
13		for the unpaid restitution and direct the clerk of the circuit
14		court to file and enter the judgment in the judgment and lien
15		docket, without fee, unless it finds that the victim has
16		recovered a judgment against the defendant for the amount
17		covered by the restitution order. If the court issues a
18		judgment for the unpaid restitution, the court shall send to
19		the defendant at his or her last known address written
20		notification that a civil judgment has been issued for the
21		unpaid restitution.
22		(d) The court shall defer entering any judgment on the
23		charges until the conclusion of the supervision.
24		(e) At the conclusion of the period of supervision, if the
25		court determines that the defendant has successfully complied
26		with all of the conditions of supervision, the court shall

HB3855 Engrossed - 1355 - LRB100 05985 AMC 16014 b
1		discharge the defendant and enter a judgment dismissing the
2		charges.
3		(f) Discharge and dismissal upon a successful conclusion of
4		a disposition of supervision shall be deemed without
5		adjudication of guilt and shall not be termed a conviction for
6		purposes of disqualification or disabilities imposed by law
7		upon conviction of a crime. Two years after the discharge and
8		dismissal under this Section, unless the disposition of
9		supervision was for a violation of Sections 3-707, 3-708,
10		3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
11		similar provision of a local ordinance, or for a violation of
12		Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
13		or the Criminal Code of 2012, in which case it shall be 5 years
14		after discharge and dismissal, a person may have his record of
15		arrest sealed or expunged as may be provided by law. However,
16		any defendant placed on supervision before January 1, 1980, may
17		move for sealing or expungement of his arrest record, as
18		provided by law, at any time after discharge and dismissal
19		under this Section. A person placed on supervision for a sexual
20		offense committed against a minor as defined in clause
21		(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
22		for a violation of Section 11-501 of the Illinois Vehicle Code
23		or a similar provision of a local ordinance shall not have his
24		or her record of arrest sealed or expunged.
25		(g) A defendant placed on supervision and who during the
26		period of supervision undergoes mandatory drug or alcohol

HB3855 Engrossed - 1356 - LRB100 05985 AMC 16014 b
1		testing, or both, or is assigned to be placed on an approved
2		electronic monitoring device, shall be ordered to pay the costs
3		incidental to such mandatory drug or alcohol testing, or both,
4		and costs incidental to such approved electronic monitoring in
5		accordance with the defendant's ability to pay those costs. The
6		county board with the concurrence of the Chief Judge of the
7		judicial circuit in which the county is located shall establish
8		reasonable fees for the cost of maintenance, testing, and
9		incidental expenses related to the mandatory drug or alcohol
10		testing, or both, and all costs incidental to approved
11		electronic monitoring, of all defendants placed on
12		supervision. The concurrence of the Chief Judge shall be in the
13		form of an administrative order. The fees shall be collected by
14		the clerk of the circuit court, except as provided in an
15		administrative order of the Chief Judge of the circuit court.
16		The clerk of the circuit court shall pay all moneys collected
17		from these fees to the county treasurer who shall use the
18		moneys collected to defray the costs of drug testing, alcohol
19		testing, and electronic monitoring. The county treasurer shall
20		deposit the fees collected in the county working cash fund
21		under Section 6-27001 or Section 6-29002 of the Counties Code,
22		as the case may be.
23		The Chief Judge of the circuit court of the county may by
24		administrative order establish a program for electronic
25		monitoring of offenders, in which a vendor supplies and
26		monitors the operation of the electronic monitoring device, and

HB3855 Engrossed - 1357 - LRB100 05985 AMC 16014 b
1		collects the fees on behalf of the county. The program shall
2		include provisions for indigent offenders and the collection of
3		unpaid fees. The program shall not unduly burden the offender
4		and shall be subject to review by the Chief Judge.
5		The Chief Judge of the circuit court may suspend any
6		additional charges or fees for late payment, interest, or
7		damage to any device.
8		(h) A disposition of supervision is a final order for the
9		purposes of appeal.
10		(i) The court shall impose upon a defendant placed on
11		supervision after January 1, 1992 or to community service under
12		the supervision of a probation or court services department
13		after January 1, 2004, as a condition of supervision or
14		supervised community service, a fee of $50 for each month of
15		supervision or supervised community service ordered by the
16		court, unless after determining the inability of the person
17		placed on supervision or supervised community service to pay
18		the fee, the court assesses a lesser fee. The court may not
19		impose the fee on a minor who is made a ward of the State under
20		the Juvenile Court Act of 1987 while the minor is in placement.
21		The fee shall be imposed only upon a defendant who is actively
22		supervised by the probation and court services department. The
23		fee shall be collected by the clerk of the circuit court. The
24		clerk of the circuit court shall pay all monies collected from
25		this fee to the county treasurer for deposit in the probation
26		and court services fund pursuant to Section 15.1 of the

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1		Probation and Probation Officers Act.
2		A circuit court may not impose a probation fee in excess of
3		$25 per month unless the circuit court has adopted, by
4		administrative order issued by the chief judge, a standard
5		probation fee guide determining an offender's ability to pay.
6		Of the amount collected as a probation fee, not to exceed $5 of
7		that fee collected per month may be used to provide services to
8		crime victims and their families.
9		The Court may only waive probation fees based on an
10		offender's ability to pay. The probation department may
11		re-evaluate an offender's ability to pay every 6 months, and,
12		with the approval of the Director of Court Services or the
13		Chief Probation Officer, adjust the monthly fee amount. An
14		offender may elect to pay probation fees due in a lump sum. Any
15		offender that has been assigned to the supervision of a
16		probation department, or has been transferred either under
17		subsection (h) of this Section or under any interstate compact,
18		shall be required to pay probation fees to the department
19		supervising the offender, based on the offender's ability to
20		pay.
21		(j) All fines and costs imposed under this Section for any
22		violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
23		Code, or a similar provision of a local ordinance, and any
24		violation of the Child Passenger Protection Act, or a similar
25		provision of a local ordinance, shall be collected and
26		disbursed by the circuit clerk as provided under Section 27.5

HB3855 Engrossed - 1359 - LRB100 05985 AMC 16014 b
1		of the Clerks of Courts Act.
2		(k) A defendant at least 17 years of age who is placed on
3		supervision for a misdemeanor in a county of 3,000,000 or more
4		inhabitants and who has not been previously convicted of a
5		misdemeanor or felony may as a condition of his or her
6		supervision be required by the court to attend educational
7		courses designed to prepare the defendant for a high school
8		diploma and to work toward a high school diploma or to work
9		toward passing high school equivalency testing or to work
10		toward completing a vocational training program approved by the
11		court. The defendant placed on supervision must attend a public
12		institution of education to obtain the educational or
13		vocational training required by this subsection (k). The
14		defendant placed on supervision shall be required to pay for
15		the cost of the educational courses or high school equivalency
16		testing if a fee is charged for those courses or testing. The
17		court shall revoke the supervision of a person who wilfully
18		fails to comply with this subsection (k). The court shall
19		resentence the defendant upon revocation of supervision as
20		provided in Section 5-6-4. This subsection (k) does not apply
21		to a defendant who has a high school diploma or has
22		successfully passed high school equivalency testing. This
23		subsection (k) does not apply to a defendant who is determined
24		by the court to be a person with a developmental disability or
25		otherwise mentally incapable of completing the educational or
26		vocational program.

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1		(l) The court shall require a defendant placed on
2		supervision for possession of a substance prohibited by the
3		Cannabis Control Act, the Illinois Controlled Substances Act,
4		or the Methamphetamine Control and Community Protection Act
5		after a previous conviction or disposition of supervision for
6		possession of a substance prohibited by the Cannabis Control
7		Act, the Illinois Controlled Substances Act, or the
8		Methamphetamine Control and Community Protection Act or a
9		sentence of probation under Section 10 of the Cannabis Control
10		Act or Section 410 of the Illinois Controlled Substances Act
11		and after a finding by the court that the person is addicted,
12		to undergo treatment at a substance abuse program approved by
13		the court.
14		(m) The Secretary of State shall require anyone placed on
15		court supervision for a violation of Section 3-707 of the
16		Illinois Vehicle Code or a similar provision of a local
17		ordinance to give proof of his or her financial responsibility
18		as defined in Section 7-315 of the Illinois Vehicle Code. The
19		proof shall be maintained by the individual in a manner
20		satisfactory to the Secretary of State for a minimum period of
21		3 years after the date the proof is first filed. The proof
22		shall be limited to a single action per arrest and may not be
23		affected by any post-sentence disposition. The Secretary of
24		State shall suspend the driver's license of any person
25		determined by the Secretary to be in violation of this
26		subsection.

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1		(n) Any offender placed on supervision for any offense that
2		the court or probation department has determined to be sexually
3		motivated as defined in the Sex Offender Management Board Act
4		shall be required to refrain from any contact, directly or
5		indirectly, with any persons specified by the court and shall
6		be available for all evaluations and treatment programs
7		required by the court or the probation department.
8		(o) An offender placed on supervision for a sex offense as
9		defined in the Sex Offender Management Board Act shall refrain
10		from residing at the same address or in the same condominium
11		unit or apartment unit or in the same condominium complex or
12		apartment complex with another person he or she knows or
13		reasonably should know is a convicted sex offender or has been
14		placed on supervision for a sex offense. The provisions of this
15		subsection (o) do not apply to a person convicted of a sex
16		offense who is placed in a Department of Corrections licensed
17		transitional housing facility for sex offenders.
18		(p) 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
23		refrain from communicating with or contacting, by means of the
24		Internet, a person who is not related to the accused and whom
25		the accused reasonably believes to be under 18 years of age.
26		For purposes of this subsection (p), "Internet" has the meaning

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1		ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
2		and a person is not related to the accused if the person is
3		not: (i) the spouse, brother, or sister of the accused; (ii) a
4		descendant of the accused; (iii) a first or second cousin of
5		the accused; or (iv) a step-child or adopted child of the
6		accused.
7		(q) An offender placed on supervision for an offense
8		committed on or after June 1, 2008 (the effective date of
9		Public Act 95-464) that would qualify the accused as a child
10		sex offender as defined in Section 11-9.3 or 11-9.4 of the
11		Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
12		ordered by the court, refrain from communicating with or
13		contacting, by means of the Internet, a person who is related
14		to the accused and whom the accused reasonably believes to be
15		under 18 years of age. For purposes of this subsection (q),
16		"Internet" has the meaning ascribed to it in Section 16-0.1 of
17		the Criminal Code of 2012; and a person is related to the
18		accused if the person is: (i) the spouse, brother, or sister of
19		the accused; (ii) a descendant of the accused; (iii) a first or
20		second cousin of the accused; or (iv) a step-child or adopted
21		child of the accused.
22		(r) An offender placed on supervision for an offense under
23		Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
24		juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
25		11-21 of the Criminal Code of 1961 or the Criminal Code of
26		2012, or any attempt to commit any of these offenses, committed

HB3855 Engrossed - 1363 - LRB100 05985 AMC 16014 b
1		on or after June 1, 2009 (the effective date of Public Act
2		95-983) this amendatory Act of the 95th General Assembly shall:
3		(i) not access or use a computer or any other device
4		with Internet capability without the prior written
5		approval of the court, except in connection with the
6		offender's employment or search for employment with the
7		prior approval of the court;
8		(ii) submit to periodic unannounced examinations of
9		the offender's computer or any other device with Internet
10		capability by the offender's probation officer, a law
11		enforcement officer, or assigned computer or information
12		technology specialist, including the retrieval and copying
13		of all data from the computer or device and any internal or
14		external peripherals and removal of such information,
15		equipment, or device to conduct a more thorough inspection;
16		(iii) submit to the installation on the offender's
17		computer or device with Internet capability, at the
18		offender's expense, of one or more hardware or software
19		systems to monitor the Internet use; and
20		(iv) submit to any other appropriate restrictions
21		concerning the offender's use of or access to a computer or
22		any other device with Internet capability imposed by the
23		court.
24		(s) An offender placed on supervision for an offense that
25		is a sex offense as defined in Section 2 of the Sex Offender
26		Registration Act that is committed on or after January 1, 2010

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1		(the effective date of Public Act 96-362) that requires the
2		person to register as a sex offender under that Act, may not
3		knowingly use any computer scrub software on any computer that
4		the sex offender uses.
5		(t) An offender placed on supervision for a sex offense as
6		defined in the Sex Offender Registration Act committed on or
7		after January 1, 2010 (the effective date of Public Act 96-262)
8		shall refrain from accessing or using a social networking
9		website as defined in Section 17-0.5 of the Criminal Code of
10		2012.
11		(u) Jurisdiction over an offender may be transferred from
12		the sentencing court to the court of another circuit with the
13		concurrence of both courts. Further transfers or retransfers of
14		jurisdiction are also authorized in the same manner. The court
15		to which jurisdiction has been transferred shall have the same
16		powers as the sentencing court. The probation department within
17		the circuit to which jurisdiction has been transferred may
18		impose probation fees upon receiving the transferred offender,
19		as provided in subsection (i). The probation department from
20		the original sentencing court shall retain all probation fees
21		collected prior to the transfer.
22		(Source: P.A. 98-718, eff. 1-1-15; 98-940, eff. 1-1-15; 99-78,
23		eff. 7-20-15; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16;
24		99-797, eff. 8-12-16; revised 9-1-16.)
25		(730 ILCS 5/5-8-1.2)

HB3855 Engrossed - 1365 - LRB100 05985 AMC 16014 b
1		Sec. 5-8-1.2. County impact incarceration.
2		(a) Legislative intent. It is the finding of the General
3		Assembly that certain non-violent offenders eligible for
4		sentences of incarceration may benefit from the rehabilitative
5		aspects of a county impact incarceration program. It is the
6		intent of the General Assembly that such programs be
7		implemented as provided by this Section. This Section shall not
8		be construed to allow violent offenders to participate in a
9		county impact incarceration program.
10		(b) Under the direction of the Sheriff and with the
11		approval of the County Board of Commissioners, the Sheriff, in
12		any county with more than 3,000,000 inhabitants, may establish
13		and operate a county impact incarceration program for eligible
14		offenders. If the court finds under Section 5-4-1 that an
15		offender convicted of a felony meets the eligibility
16		requirements of the Sheriff's county impact incarceration
17		program, the court may sentence the offender to the county
18		impact incarceration program. The Sheriff shall be responsible
19		for monitoring all offenders who are sentenced to the county
20		impact incarceration program, including the mandatory period
21		of monitored release following the 120 to 180 days of impact
22		incarceration. Offenders assigned to the county impact
23		incarceration program under an intergovernmental agreement
24		between the county and the Illinois Department of Corrections
25		are exempt from the provisions of this mandatory period of
26		monitored release. In the event the offender is not accepted

HB3855 Engrossed - 1366 - LRB100 05985 AMC 16014 b
1		for placement in the county impact incarceration program, the
2		court shall proceed to sentence the offender to any other
3		disposition authorized by this Code. If the offender does not
4		successfully complete the program, the offender's failure to do
5		so shall constitute a violation of the sentence to the county
6		impact incarceration program.
7		(c) In order to be eligible to be sentenced to a county
8		impact incarceration program by the court, the person shall
9		meet all of the following requirements:
10		(1) The the person must be not less than 17 years of
11		age nor more than 35 years of age. ;
12		(2) The person has not previously participated in the
13		impact incarceration program and has not previously served
14		more than one prior sentence of imprisonment for a felony
15		in an adult correctional facility. ;
16		(3) The person has not been convicted of a Class X
17		felony, first or second degree murder, armed violence,
18		aggravated kidnapping, criminal sexual assault, aggravated
19		criminal sexual abuse or a subsequent conviction for
20		criminal sexual abuse, forcible detention, or arson and has
21		not been convicted previously of any of those offenses.
22		(4) The person has been found in violation of probation
23		for an offense that is a Class 2, 3, or 4 felony that is not
24		a forcible felony as defined in Section 2-8 of the Criminal
25		Code of 2012 or a violent crime as defined in subsection
26		(c) of Section 3 of the Rights of Crime Victims and

HB3855 Engrossed - 1367 - LRB100 05985 AMC 16014 b
1		Witnesses Act who otherwise could be sentenced to a term of
2		incarceration; or the person is convicted of an offense
3		that is a Class 2, 3, or 4 felony that is not a forcible
4		felony as defined in Section 2-8 of the Criminal Code of
5		2012 or a violent crime as defined in subsection (c) of
6		Section 3 of the Rights of Crime Victims and Witnesses Act
7		who has previously served a sentence of probation for any
8		felony offense and who otherwise could be sentenced to a
9		term of incarceration.
10		(5) The person must be physically able to participate
11		in strenuous physical activities or labor.
12		(6) The person must not have any mental disorder or
13		disability that would prevent participation in a county
14		impact incarceration program.
15		(7) The person was recommended and approved for
16		placement in the county impact incarceration program by the
17		Sheriff and consented in writing to participation in the
18		county impact incarceration program and to the terms and
19		conditions of the program. The Sheriff may consider, among
20		other matters, whether the person has any outstanding
21		detainers or warrants, whether the person has a history of
22		escaping or absconding, whether participation in the
23		county impact incarceration program may pose a risk to the
24		safety or security of any person and whether space is
25		available.
26		(c-5) (c) The county impact incarceration program shall

HB3855 Engrossed - 1368 - LRB100 05985 AMC 16014 b
1		include, among other matters, mandatory physical training and
2		labor, military formation and drills, regimented activities,
3		uniformity of dress and appearance, education and counseling,
4		including drug counseling where appropriate.
5		(d) Privileges including visitation, commissary, receipt
6		and retention of property and publications and access to
7		television, radio, and a library may be suspended or
8		restricted, notwithstanding provisions to the contrary in this
9		Code.
10		(e) The Sheriff shall issue written rules and requirements
11		for the program. Persons shall be informed of rules of behavior
12		and conduct. Persons participating in the county impact
13		incarceration program shall adhere to all rules and all
14		requirements of the program.
15		(f) Participation in the county impact incarceration
16		program shall be for a period of 120 to 180 days followed by a
17		mandatory term of monitored release for at least 8 months and
18		no more than 12 months supervised by the Sheriff. The period of
19		time a person shall serve in the impact incarceration program
20		shall not be reduced by the accumulation of good time. The
21		court may also sentence the person to a period of probation to
22		commence at the successful completion of the county impact
23		incarceration program.
24		(g) If the person successfully completes the county impact
25		incarceration program, the Sheriff shall certify the person's
26		successful completion of the program to the court and to the

HB3855 Engrossed - 1369 - LRB100 05985 AMC 16014 b
1		county's State's Attorney. Upon successful completion of the
2		county impact incarceration program and mandatory term of
3		monitored release and if there is an additional period of
4		probation given, the person shall at that time begin his or her
5		probationary sentence under the supervision of the Adult
6		Probation Department.
7		(h) A person may be removed from the county impact
8		incarceration program for a violation of the terms or
9		conditions of the program or in the event he or she is for any
10		reason unable to participate. The failure to complete the
11		program for any reason, including the 8 to 12 month monitored
12		release period, shall be deemed a violation of the county
13		impact incarceration sentence. The Sheriff shall give notice to
14		the State's Attorney of the person's failure to complete the
15		program. The Sheriff shall file a petition for violation of the
16		county impact incarceration sentence with the court and the
17		State's Attorney may proceed on the petition under Section
18		5-6-4 of this Code. The Sheriff shall promulgate rules and
19		regulations governing conduct which could result in removal
20		from the program or in a determination that the person has not
21		successfully completed the program.
22		The mandatory conditions of every county impact
23		incarceration sentence shall include that the person either
24		while in the program or during the period of monitored release:
25		(1) not violate any criminal statute of any
26		jurisdiction;

HB3855 Engrossed - 1370 - LRB100 05985 AMC 16014 b
1		(2) report or appear in person before any such person
2		or agency as directed by the court or the Sheriff;
3		(3) refrain from possessing a firearm or other
4		dangerous weapon;
5		(4) not leave the State without the consent of the
6		court or, in circumstances in which the reason for the
7		absence is of such an emergency nature that prior consent
8		by the court is not possible, without the prior
9		notification and approval of the Sheriff; and
10		(5) permit representatives of the Sheriff to visit at
11		the person's home or elsewhere to the extent necessary for
12		the Sheriff to monitor compliance with the program. Persons
13		shall have access to such rules, which shall provide that a
14		person shall receive notice of any such violation.
15		(i) The Sheriff may terminate the county impact
16		incarceration program at any time.
17		(j) The Sheriff shall report to the county board on or
18		before September 30th of each year on the county impact
19		incarceration program, including the composition of the
20		program by the offenders, by county of commitment, sentence,
21		age, offense, and race.
22		(Source: P.A. 97-1150, eff. 1-25-13; revised 10-5-16.)
23		(730 ILCS 5/5-8-8)
24		(Section scheduled to be repealed on December 31, 2020)
25		Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.

HB3855 Engrossed - 1371 - LRB100 05985 AMC 16014 b
1		(a) Creation. There is created under the jurisdiction of
2		the Governor the Illinois Sentencing Policy Advisory Council,
3		hereinafter referred to as the Council.
4		(b) Purposes and goals. The purpose of the Council is to
5		review sentencing policies and practices and examine how these
6		policies and practices impact the criminal justice system as a
7		whole in the State of Illinois. In carrying out its duties, the
8		Council shall be mindful of and aim to achieve the purposes of
9		sentencing in Illinois, which are set out in Section 1-1-2 of
10		this Code:
11		(1) prescribe sanctions proportionate to the
12		seriousness of the offenses and permit the recognition of
13		differences in rehabilitation possibilities among
14		individual offenders;
15		(2) forbid and prevent the commission of offenses;
16		(3) prevent arbitrary or oppressive treatment of
17		persons adjudicated offenders or delinquents; and
18		(4) restore offenders to useful citizenship.
19		(c) Council composition.
20		(1) The Council shall consist of the following members:
21		(A) the President of the Senate, or his or her
22		designee;
23		(B) the Minority Leader of the Senate, or his or
24		her designee;
25		(C) the Speaker of the House, or his or her
26		designee;

HB3855 Engrossed - 1372 - LRB100 05985 AMC 16014 b
1		(D) the Minority Leader of the House, or his or her
2		designee;
3		(E) the Governor, or his or her designee;
4		(F) the Attorney General, or his or her designee;
5		(G) two retired judges, who may have been circuit,
6		appellate, or supreme court judges; retired judges
7		shall be selected by the members of the Council
8		designated in clauses (c)(1)(A) through (L);
9		(G-5) (blank);
10		(H) the Cook County State's Attorney, or his or her
11		designee;
12		(I) the Cook County Public Defender, or his or her
13		designee;
14		(J) a State's Attorney not from Cook County,
15		appointed by the State's Attorney's Appellate
16		Prosecutor;
17		(K) the State Appellate Defender, or his or her
18		designee;
19		(L) the Director of the Administrative Office of
20		the Illinois Courts, or his or her designee;
21		(M) a victim of a violent felony or a
22		representative of a crime victims' organization,
23		selected by the members of the Council designated in
24		clauses (c)(1)(A) through (L);
25		(N) a representative of a community-based
26		organization, selected by the members of the Council

HB3855 Engrossed - 1373 - LRB100 05985 AMC 16014 b
1		designated in clauses (c)(1)(A) through (L);
2		(O) a criminal justice academic researcher, to be
3		selected by the members of the Council designated in
4		clauses (c)(1)(A) through (L);
5		(P) a representative of law enforcement from a unit
6		of local government to be selected by the members of
7		the Council designated in clauses (c)(1)(A) through
8		(L);
9		(Q) a sheriff selected by the members of the
10		Council designated in clauses (c)(1)(A) through (L);
11		and
12		(R) ex-officio members shall include:
13		(i) the Director of Corrections, or his or her
14		designee;
15		(ii) the Chair of the Prisoner Review Board, or
16		his or her designee;
17		(iii) the Director of the Illinois State
18		Police, or his or her designee; and
19		(iv) the Director of the Illinois Criminal
20		Justice Information Authority, or his or her
21		designee.
22		(1.5) The Chair and Vice Chair shall be elected from
23		among its members by a majority of the members of the
24		Council.
25		(2) Members of the Council who serve because of their
26		public office or position, or those who are designated as

HB3855 Engrossed - 1374 - LRB100 05985 AMC 16014 b
1		members by such officials, shall serve only as long as they
2		hold such office or position.
3		(3) Council members shall serve without compensation
4		but shall be reimbursed for travel and per diem expenses
5		incurred in their work for the Council.
6		(4) The Council may exercise any power, perform any
7		function, take any action, or do anything in furtherance of
8		its purposes and goals upon the appointment of a quorum of
9		its members. The term of office of each member of the
10		Council ends on the date of repeal of this amendatory Act
11		of the 96th General Assembly.
12		(d) Duties. The Council shall perform, as resources permit,
13		duties including:
14		(1) Collect and analyze information including
15		sentencing data, crime trends, and existing correctional
16		resources to support legislative and executive action
17		affecting the use of correctional resources on the State
18		and local levels.
19		(2) Prepare criminal justice population projections
20		annually, including correctional and community-based
21		supervision populations.
22		(3) Analyze data relevant to proposed sentencing
23		legislation and its effect on current policies or
24		practices, and provide information to support
25		evidence-based sentencing.
26		(4) Ensure that adequate resources and facilities are

HB3855 Engrossed - 1375 - LRB100 05985 AMC 16014 b
1		available for carrying out sentences imposed on offenders
2		and that rational priorities are established for the use of
3		those resources. To do so, the Council shall prepare
4		criminal justice resource statements, identifying the
5		fiscal and practical effects of proposed criminal
6		sentencing legislation, including, but not limited to, the
7		correctional population, court processes, and county or
8		local government resources.
9		(5) Perform such other studies or tasks pertaining to
10		sentencing policies as may be requested by the Governor or
11		the Illinois General Assembly.
12		(6) Perform such other functions as may be required by
13		law or as are necessary to carry out the purposes and goals
14		of the Council prescribed in subsection (b).
15		(7) Publish a report on the trends in sentencing for
16		offenders described in subsection (b-1) of Section 5-4-1 of
17		this Code, the impact of the trends on the prison and
18		probation populations, and any changes in the racial
19		composition of the prison and probation populations that
20		can be attributed to the changes made by adding subsection
21		(b-1) of Section 5-4-1 to this Code by Public Act 99-861
22		this amendatory Act of the 99th General Assembly.
23		(e) Authority.
24		(1) The Council shall have the power to perform the
25		functions necessary to carry out its duties, purposes and
26		goals under this Act. In so doing, the Council shall

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1		utilize information and analysis developed by the Illinois
2		Criminal Justice Information Authority, the Administrative
3		Office of the Illinois Courts, and the Illinois Department
4		of Corrections.
5		(2) Upon request from the Council, each executive
6		agency and department of State and local government shall
7		provide information and records to the Council in the
8		execution of its duties.
9		(f) Report. The Council shall report in writing annually to
10		the General Assembly, the Illinois Supreme Court, and the
11		Governor.
12		(g) This Section is repealed on December 31, 2020.
13		(Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15;
14		99-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)
15		(730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
16		Sec. 5-8A-3. Application.
17		(a) Except as provided in subsection (d), a person charged
18		with or convicted of an excluded offense may not be placed in
19		an electronic monitoring or home detention program, except for
20		bond pending trial or appeal or while on parole, aftercare
21		release, or mandatory supervised release.
22		(b) A person serving a sentence for a conviction of a Class
23		1 felony, other than an excluded offense, may be placed in an
24		electronic monitoring or home detention program for a period
25		not to exceed the last 90 days of incarceration.

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1		(c) A person serving a sentence for a conviction of a Class
2		X felony, other than an excluded offense, may be placed in an
3		electronic monitoring or home detention program for a period
4		not to exceed the last 90 days of incarceration, provided that
5		the person was sentenced on or after August 11, 1993 (the
6		effective date of Public Act 88-311) this amendatory Act of
7		1993 and provided that the court has not prohibited the program
8		for the person in the sentencing order.
9		(d) A person serving a sentence for conviction of an
10		offense other than for predatory criminal sexual assault of a
11		child, aggravated criminal sexual assault, criminal sexual
12		assault, aggravated criminal sexual abuse, or felony criminal
13		sexual abuse, may be placed in an electronic monitoring or home
14		detention program for a period not to exceed the last 12 months
15		of incarceration, provided that (i) the person is 55 years of
16		age or older; (ii) the person is serving a determinate
17		sentence; (iii) the person has served at least 25% of the
18		sentenced prison term; and (iv) placement in an electronic home
19		monitoring or detention program is approved by the Prisoner
20		Review Board or the Department of Juvenile Justice.
21		(e) A person serving a sentence for conviction of a Class
22		2, 3, or 4 felony offense which is not an excluded offense may
23		be placed in an electronic monitoring or home detention program
24		pursuant to Department administrative directives.
25		(f) Applications for electronic monitoring or home
26		detention may include the following:

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1		(1) pretrial or pre-adjudicatory detention;
2		(2) probation;
3		(3) conditional discharge;
4		(4) periodic imprisonment;
5		(5) parole, aftercare release, or mandatory supervised
6		release;
7		(6) work release;
8		(7) furlough; or
9		(8) post-trial incarceration.
10		(g) A person convicted of an offense described in clause
11		(4) or (5) of subsection (d) of Section 5-8-1 of this Code
12		shall be placed in an electronic monitoring or home detention
13		program for at least the first 2 years of the person's
14		mandatory supervised release term.
15		(Source: P.A. 98-558, eff. 1-1-14; 98-756, eff. 7-16-14;
16		99-628, eff. 1-1-17; 99-797, eff. 8-12-16; revised 9-1-16.)
17		(730 ILCS 5/5-8A-5) (from Ch. 38, par. 1005-8A-5)
18		Sec. 5-8A-5. Consent of the participant. Before entering an
19		order for commitment for electronic monitoring, the
20		supervising authority shall inform the participant and other
21		persons residing in the home of the nature and extent of the
22		approved electronic monitoring devices by doing the following:
23		(A) Securing the written consent of the participant in
24		the program to comply with the rules and regulations of the
25		program as stipulated in subsections (A) through (I) of

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1		Section 5-8A-4.
2		(B) Where possible, securing the written consent of
3		other persons residing in the home of the participant,
4		including the person in whose name the telephone is
5		registered, at the time of the order or commitment for
6		electronic home detention is entered and acknowledge the
7		nature and extent of approved electronic monitoring
8		devices.
9		(C) Insure that the approved electronic devices be
10		minimally intrusive upon the privacy of the participant and
11		other persons residing in the home while remaining in
12		compliance with subsections (B) through (D) of Section
13		5-8A-4.
14		(D) This Section does not apply to persons subject to
15		Electronic Monitoring or home detention as a term or condition
16		of parole, aftercare release, or mandatory supervised release
17		under subsection (d) of Section 5-8-1 of this Code.
18		(Source: P.A. 98-558, eff. 1-1-14; 99-797, eff. 8-12-16;
19		revised 10-27-16.)
20		(730 ILCS 5/5-8A-7)
21		Sec. 5-8A-7. Domestic violence surveillance program. If
22		the Prisoner Review Board, Department of Corrections,
23		Department of Juvenile Justice, or court (the supervising
24		authority) orders electronic surveillance as a condition of
25		parole, aftercare release, mandatory supervised release, early

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1		release, probation, or conditional discharge for a violation of
2		an order of protection or as a condition of bail for a person
3		charged with a violation of an order of protection, the
4		supervising authority shall use the best available global
5		positioning technology to track domestic violence offenders.
6		Best available technology must have real-time and interactive
7		capabilities that facilitate the following objectives: (1)
8		immediate notification to the supervising authority of a breach
9		of a court ordered exclusion zone; (2) notification of the
10		breach to the offender; and (3) communication between the
11		supervising authority, law enforcement, and the victim,
12		regarding the breach. The supervising authority may also
13		require that the electronic surveillance ordered under this
14		Section monitor the consumption of alcohol or drugs.
15		(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17; 99-797,
16		eff. 8-12-16; revised 9-2-16.)
17		Section 695. The Code of Civil Procedure is amended by
18		changing Section 13-214 as follows:
19		(735 ILCS 5/13-214) (from Ch. 110, par. 13-214)
20		Sec. 13-214. Construction; design Construction - design
21		management and supervision. As used in this Section, "person"
22		means any individual, any business or legal entity, or any body
23		politic.
24		(a) Actions based upon tort, contract or otherwise against

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1		any person for an act or omission of such person in the design,
2		planning, supervision, observation or management of
3		construction, or construction of an improvement to real
4		property shall be commenced within 4 years from the time the
5		person bringing an action, or his or her privity, knew or
6		should reasonably have known of such act or omission.
7		Notwithstanding any other provision of law, contract actions
8		against a surety on a payment or performance bond shall be
9		commenced, if at all, within the same time limitation
10		applicable to the bond principal.
11		(b) No action based upon tort, contract or otherwise may be
12		brought against any person for an act or omission of such
13		person in the design, planning, supervision, observation or
14		management of construction, or construction of an improvement
15		to real property after 10 years have elapsed from the time of
16		such act or omission. However, any person who discovers such
17		act or omission prior to expiration of 10 years from the time
18		of such act or omission shall in no event have less than 4
19		years to bring an action as provided in subsection (a) of this
20		Section. Notwithstanding any other provision of law, contract
21		actions against a surety on a payment or performance bond shall
22		be commenced, if at all, within the same time limitation
23		applicable to the bond principal.
24		(c) If a person otherwise entitled to bring an action could
25		not have brought such action within the limitation periods
26		herein solely because such person was under the age of 18

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1		years, or a person with a developmental disability or a person
2		with mental illness, then the limitation periods herein shall
3		not begin to run until the person attains the age of 18 years,
4		or the disability is removed.
5		(d) Subsection (b) shall not prohibit any action against a
6		defendant who has expressly warranted or promised the
7		improvement to real property for a longer period from being
8		brought within that period.
9		(e) The limitations of this Section shall not apply to
10		causes of action arising out of fraudulent misrepresentations
11		or to fraudulent concealment of causes of action.
12		(f) Subsection (b) does not apply to an action that is
13		based on personal injury, disability, disease, or death
14		resulting from the discharge into the environment of asbestos.
15		(Source: P.A. 98-1131, eff. 6-1-15; revised 9-1-16.)
16		Section 700. The Real Estate Investment Trust Act is
17		amended by changing Section 2 as follows:
18		(745 ILCS 60/2) (from Ch. 30, par. 252)
19		Sec. 2. The shareholders or beneficiaries of a real estate
20		investment trust shall not, as such, be personally liable for
21		any of its obligations arising after the effective date of this
22		Act, nor shall persons who become shareholders or beneficiaries
23		after the effective date of this Act be personally liable, as
24		such, for obligations of the real estate trust. If an

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1		application for registration of the securities issued or
2		issuable by such unincorporated trust or association has been
3		registered by the Secretary of State pursuant to Section 5 of
4		the "The Illinois Securities Law of 1953", as heretofore and
5		hereafter amended, such registration shall be conclusive
6		evidence that an unincorporated trust or association is a real
7		estate investment trust as to all persons who become
8		shareholders or beneficiaries after the registration date and
9		prior to its suspension or revocation, if any, and as to all
10		obligations of the unincorporated trust or association arising
11		after the effective date of this Act whether they arose before
12		or after the effective date of registration under Section 5 of
13		the "The Illinois Securities Law of 1953", and prior to
14		suspension or revocation of the registration.
15		(Source: Laws 1963, p. 994; revised 10-25-16.)
16		Section 705. The Illinois Marriage and Dissolution of
17		Marriage Act is amended by changing Section 510 as follows:
18		(750 ILCS 5/510) (from Ch. 40, par. 510)
19		(Text of Section before amendment by P.A. 99-764)
20		Sec. 510. Modification and termination of provisions for
21		maintenance, support, educational expenses, and property
22		disposition.
23		(a) Except as otherwise provided in paragraph (f) of
24		Section 502 and in subsection (b), clause (3) of Section 505.2,

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1		the provisions of any judgment respecting maintenance or
2		support may be modified only as to installments accruing
3		subsequent to due notice by the moving party of the filing of
4		the motion for modification. An order for child support may be
5		modified as follows:
6		(1) upon a showing of a substantial change in
7		circumstances; and
8		(2) without the necessity of showing a substantial
9		change in circumstances, as follows:
10		(A) upon a showing of an inconsistency of at least
11		20%, but no less than $10 per month, between the amount
12		of the existing order and the amount of child support
13		that results from application of the guidelines
14		specified in Section 505 of this Act unless the
15		inconsistency is due to the fact that the amount of the
16		existing order resulted from a deviation from the
17		guideline amount and there has not been a change in the
18		circumstances that resulted in that deviation; or
19		(B) upon a showing of a need to provide for the
20		health care needs of the child under the order through
21		health insurance or other means. In no event shall the
22		eligibility for or receipt of medical assistance be
23		considered to meet the need to provide for the child's
24		health care needs.
25		The provisions of subparagraph (a)(2)(A) shall apply only
26		in cases in which a party is receiving child support

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1		enforcement services from the Department of Healthcare and
2		Family Services under Article X of the Illinois Public Aid
3		Code, and only when at least 36 months have elapsed since the
4		order for child support was entered or last modified.
5		(a-5) An order for maintenance may be modified or
6		terminated only upon a showing of a substantial change in
7		circumstances. In all such proceedings, as well as in
8		proceedings in which maintenance is being reviewed, the court
9		shall consider the applicable factors set forth in subsection
10		(a) of Section 504 and the following factors:
11		(1) any change in the employment status of either party
12		and whether the change has been made in good faith;
13		(2) the efforts, if any, made by the party receiving
14		maintenance to become self-supporting, and the
15		reasonableness of the efforts where they are appropriate;
16		(3) any impairment of the present and future earning
17		capacity of either party;
18		(4) the tax consequences of the maintenance payments
19		upon the respective economic circumstances of the parties;
20		(5) the duration of the maintenance payments
21		previously paid (and remaining to be paid) relative to the
22		length of the marriage;
23		(6) the property, including retirement benefits,
24		awarded to each party under the judgment of dissolution of
25		marriage, judgment of legal separation, or judgment of
26		declaration of invalidity of marriage and the present

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1		status of the property;
2		(7) the increase or decrease in each party's income
3		since the prior judgment or order from which a review,
4		modification, or termination is being sought;
5		(8) the property acquired and currently owned by each
6		party after the entry of the judgment of dissolution of
7		marriage, judgment of legal separation, or judgment of
8		declaration of invalidity of marriage; and
9		(9) any other factor that the court expressly finds to
10		be just and equitable.
11		(a-6) In a review under subsection (b-4.5) of Section 504
12		of this Act, the court may enter a fixed-term maintenance award
13		that bars future maintenance only if, at the time of the entry
14		of the award, the marriage had lasted 10 years or less at the
15		time the original action was commenced.
16		(b) The provisions as to property disposition may not be
17		revoked or modified, unless the court finds the existence of
18		conditions that justify the reopening of a judgment under the
19		laws of this State.
20		(c) Unless otherwise agreed by the parties in a written
21		agreement set forth in the judgment or otherwise approved by
22		the court, the obligation to pay future maintenance is
23		terminated upon the death of either party, or the remarriage of
24		the party receiving maintenance, or if the party receiving
25		maintenance cohabits with another person on a resident,
26		continuing conjugal basis. A payor's obligation to pay

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1		maintenance or unallocated maintenance terminates by operation
2		of law on the date the recipient remarries or the date the
3		court finds cohabitation began. The payor is entitled to
4		reimbursement for all maintenance paid from that date forward.
5		Any termination of an obligation for maintenance as a result of
6		the death of the payor party, however, shall be inapplicable to
7		any right of the other party or such other party's designee to
8		receive a death benefit under such insurance on the payor
9		party's life. A party receiving maintenance must advise the
10		payor of his or her intention to marry at least 30 days before
11		the remarriage, unless the decision is made within this time
12		period. In that event, he or she must notify the other party
13		within 72 hours of getting married.
14		(c-5) In an adjudicated case, the court shall make specific
15		factual findings as to the reason for the modification as well
16		as the amount, nature, and duration of the modified maintenance
17		award.
18		(d) Unless otherwise provided in this Act, or as agreed in
19		writing or expressly provided in the judgment, provisions for
20		the support of a child are terminated by emancipation of the
21		child, or if the child has attained the age of 18 and is still
22		attending high school, provisions for the support of the child
23		are terminated upon the date that the child graduates from high
24		school or the date the child attains the age of 19, whichever
25		is earlier, but not by the death of a parent obligated to
26		support or educate the child. An existing obligation to pay for

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1		support or educational expenses, or both, is not terminated by
2		the death of a parent. When a parent obligated to pay support
3		or educational expenses, or both, dies, the amount of support
4		or educational expenses, or both, may be enforced, modified,
5		revoked or commuted to a lump sum payment, as equity may
6		require, and that determination may be provided for at the time
7		of the dissolution of the marriage or thereafter.
8		(e) The right to petition for support or educational
9		expenses, or both, under Sections 505 and 513 is not
10		extinguished by the death of a parent. Upon a petition filed
11		before or after a parent's death, the court may award sums of
12		money out of the decedent's estate for the child's support or
13		educational expenses, or both, as equity may require. The time
14		within which a claim may be filed against the estate of a
15		decedent under Sections 505 and 513 and subsection (d) and this
16		subsection shall be governed by the provisions of the Probate
17		Act of 1975, as a barrable, noncontingent claim.
18		(f) A petition to modify or terminate child support or
19		allocation of parental responsibilities shall not delay any
20		child support enforcement litigation or supplementary
21		proceeding on behalf of the obligee, including, but not limited
22		to, a petition for a rule to show cause, for non-wage
23		garnishment, or for a restraining order.
24		(Source: P.A. 99-90, eff. 1-1-16.)
25		(Text of Section after amendment by P.A. 99-764)

HB3855 Engrossed - 1389 - LRB100 05985 AMC 16014 b
1		Sec. 510. Modification and termination of provisions for
2		maintenance, support, educational expenses, and property
3		disposition.
4		(a) Except as otherwise provided in paragraph (f) of
5		Section 502 and in subsection (b), clause (3) of Section 505.2,
6		the provisions of any judgment respecting maintenance or
7		support may be modified only as to installments accruing
8		subsequent to due notice by the moving party of the filing of
9		the motion for modification. An order for child support may be
10		modified as follows:
11		(1) upon a showing of a substantial change in
12		circumstances; and
13		(2) without the necessity of showing a substantial
14		change in circumstances, as follows:
15		(A) upon a showing of an inconsistency of at least
16		20%, but no less than $10 per month, between the amount
17		of the existing order and the amount of child support
18		that results from application of the guidelines
19		specified in Section 505 of this Act unless the
20		inconsistency is due to the fact that the amount of the
21		existing order resulted from a deviation from the
22		guideline amount and there has not been a change in the
23		circumstances that resulted in that deviation; or
24		(B) upon a showing of a need to provide for the
25		health care needs of the child under the order through
26		health insurance or other means. In no event shall the

HB3855 Engrossed - 1390 - LRB100 05985 AMC 16014 b
1		eligibility for or receipt of medical assistance be
2		considered to meet the need to provide for the child's
3		health care needs.
4		The provisions of subparagraph (a)(2)(A) shall apply only
5		in cases in which a party is receiving child support
6		enforcement services from the Department of Healthcare and
7		Family Services under Article X of the Illinois Public Aid
8		Code, and only when at least 36 months have elapsed since the
9		order for child support was entered or last modified.
10		The court may grant a petition for modification that seeks
11		to apply the changes made to subsection (a) of Section 505 by
12		Public Act 99-764 this amendatory Act of the 99th General
13		Assembly to an order entered before the effective date of
14		Public Act 99-764 this amendatory Act of the 99th General
15		Assembly only upon a finding of a substantial change in
16		circumstances that warrants application of the changes. The
17		enactment of Public Act 99-764 this amendatory Act of the 99th
18		General Assembly itself does not constitute a substantial
19		change in circumstances warranting a modification.
20		(a-5) An order for maintenance may be modified or
21		terminated only upon a showing of a substantial change in
22		circumstances. In all such proceedings, as well as in
23		proceedings in which maintenance is being reviewed, the court
24		shall consider the applicable factors set forth in subsection
25		(a) of Section 504 and the following factors:
26		(1) any change in the employment status of either party

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1		and whether the change has been made in good faith;
2		(2) the efforts, if any, made by the party receiving
3		maintenance to become self-supporting, and the
4		reasonableness of the efforts where they are appropriate;
5		(3) any impairment of the present and future earning
6		capacity of either party;
7		(4) the tax consequences of the maintenance payments
8		upon the respective economic circumstances of the parties;
9		(5) the duration of the maintenance payments
10		previously paid (and remaining to be paid) relative to the
11		length of the marriage;
12		(6) the property, including retirement benefits,
13		awarded to each party under the judgment of dissolution of
14		marriage, judgment of legal separation, or judgment of
15		declaration of invalidity of marriage and the present
16		status of the property;
17		(7) the increase or decrease in each party's income
18		since the prior judgment or order from which a review,
19		modification, or termination is being sought;
20		(8) the property acquired and currently owned by each
21		party after the entry of the judgment of dissolution of
22		marriage, judgment of legal separation, or judgment of
23		declaration of invalidity of marriage; and
24		(9) any other factor that the court expressly finds to
25		be just and equitable.
26		(a-6) In a review under subsection (b-4.5) of Section 504

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1		of this Act, the court may enter a fixed-term maintenance award
2		that bars future maintenance only if, at the time of the entry
3		of the award, the marriage had lasted 10 years or less at the
4		time the original action was commenced.
5		(b) The provisions as to property disposition may not be
6		revoked or modified, unless the court finds the existence of
7		conditions that justify the reopening of a judgment under the
8		laws of this State.
9		(c) Unless otherwise agreed by the parties in a written
10		agreement set forth in the judgment or otherwise approved by
11		the court, the obligation to pay future maintenance is
12		terminated upon the death of either party, or the remarriage of
13		the party receiving maintenance, or if the party receiving
14		maintenance cohabits with another person on a resident,
15		continuing conjugal basis. A payor's obligation to pay
16		maintenance or unallocated maintenance terminates by operation
17		of law on the date the recipient remarries or the date the
18		court finds cohabitation began. The payor is entitled to
19		reimbursement for all maintenance paid from that date forward.
20		Any termination of an obligation for maintenance as a result of
21		the death of the payor party, however, shall be inapplicable to
22		any right of the other party or such other party's designee to
23		receive a death benefit under such insurance on the payor
24		party's life. A party receiving maintenance must advise the
25		payor of his or her intention to marry at least 30 days before
26		the remarriage, unless the decision is made within this time

HB3855 Engrossed - 1393 - LRB100 05985 AMC 16014 b
1		period. In that event, he or she must notify the other party
2		within 72 hours of getting married.
3		(c-5) In an adjudicated case, the court shall make specific
4		factual findings as to the reason for the modification as well
5		as the amount, nature, and duration of the modified maintenance
6		award.
7		(d) Unless otherwise provided in this Act, or as agreed in
8		writing or expressly provided in the judgment, provisions for
9		the support of a child are terminated by emancipation of the
10		child, or if the child has attained the age of 18 and is still
11		attending high school, provisions for the support of the child
12		are terminated upon the date that the child graduates from high
13		school or the date the child attains the age of 19, whichever
14		is earlier, but not by the death of a parent obligated to
15		support or educate the child. An existing obligation to pay for
16		support or educational expenses, or both, is not terminated by
17		the death of a parent. When a parent obligated to pay support
18		or educational expenses, or both, dies, the amount of support
19		or educational expenses, or both, may be enforced, modified,
20		revoked or commuted to a lump sum payment, as equity may
21		require, and that determination may be provided for at the time
22		of the dissolution of the marriage or thereafter.
23		(e) The right to petition for support or educational
24		expenses, or both, under Sections 505 and 513 is not
25		extinguished by the death of a parent. Upon a petition filed
26		before or after a parent's death, the court may award sums of

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1		money out of the decedent's estate for the child's support or
2		educational expenses, or both, as equity may require. The time
3		within which a claim may be filed against the estate of a
4		decedent under Sections 505 and 513 and subsection (d) and this
5		subsection shall be governed by the provisions of the Probate
6		Act of 1975, as a barrable, noncontingent claim.
7		(f) A petition to modify or terminate child support or
8		allocation of parental responsibilities shall not delay any
9		child support enforcement litigation or supplementary
10		proceeding on behalf of the obligee, including, but not limited
11		to, a petition for a rule to show cause, for non-wage
12		garnishment, or for a restraining order.
13		(Source: P.A. 99-90, eff. 1-1-16; 99-764, eff. 7-1-17; revised
14		9-8-16.)
15		Section 710. The Illinois Parentage Act of 2015 is amended
16		by changing Section 103 as follows:
17		(750 ILCS 46/103)
18		Sec. 103. Definitions. In this Act:
19		(a) "Acknowledged father" means a man who has established a
20		father-child relationship under Article 3.
21		(b) "Adjudicated father" means a man who has been
22		adjudicated by a court of competent jurisdiction, or as
23		authorized under Article X of the Illinois Public Aid Code, to
24		be the father of a child.

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1		(c) "Alleged father" means a man who alleges himself to be,
2		or is alleged to be, the biological father or a possible
3		biological father of a child, but whose paternity has not been
4		established. The term does not include:
5		(1) a presumed parent or acknowledged father; or
6		(2) a man whose parental rights have been terminated or
7		declared not to exist.
8		(d) "Assisted reproduction" means a method of achieving a
9		pregnancy through though an artificial insemination or an
10		embryo transfer and includes gamete and embryo donation.
11		"Assisted reproduction" does not include any pregnancy
12		achieved through sexual intercourse.
13		(e) "Child" means an individual of any age whose parentage
14		may be established under this Act.
15		(f) "Combined paternity index" means the likelihood of
16		paternity calculated by computing the ratio between:
17		(1) the likelihood that the tested man is the father,
18		based on the genetic markers of the tested man, mother, and
19		child, conditioned on the hypothesis that the tested man is
20		the father of the child; and
21		(2) the likelihood that the tested man is not the
22		father, based on the genetic markers of the tested man,
23		mother, and child, conditioned on the hypothesis that the
24		tested man is not the father of the child and that the
25		father is of the same ethnic or racial group as the tested
26		man.

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1		(g) "Commence" means to file the initial pleading seeking
2		an adjudication of parentage in the circuit court of this
3		State.
4		(h) "Determination of parentage" means the establishment
5		of the parent-child relationship by the signing of a voluntary
6		acknowledgment under Article 3 of this Act or adjudication by
7		the court or as authorized under Article X of the Illinois
8		Public Aid Code.
9		(i) "Donor" means an individual who participates in an
10		assisted reproductive technology arrangement by providing
11		gametes and relinquishes all rights and responsibilities to the
12		gametes so that another individual or individuals may become
13		the legal parent or parents of any resulting child. "Donor"
14		does not include a spouse in any assisted reproductive
15		technology arrangement in which his or her spouse will parent
16		any resulting child.
17		(j) "Ethnic or racial group" means, for purposes of genetic
18		testing, a recognized group that an individual identifies as
19		all or part of the individual's ancestry or that is so
20		identified by other information.
21		(k) "Gamete" means either a sperm or an egg.
22		(l) "Genetic testing" means an analysis of genetic markers
23		to exclude or identify a man as the father or a woman as the
24		mother of a child as provided in Article 4 of this Act.
25		(l-5) "Gestational surrogacy" means the process by which a
26		woman attempts to carry and give birth to a child created

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1		through in vitro fertilization in which the gestational
2		surrogate has made no genetic contribution to any resulting
3		child.
4		(m) "Gestational surrogate" means a woman who is not an
5		intended parent and agrees to engage in a gestational surrogacy
6		arrangement pursuant to the terms of a valid gestational
7		surrogacy arrangement under the Gestational Surrogacy Act.
8		(m-5) "Intended parent" means a person who enters into an
9		assisted reproductive technology arrangement, including a
10		gestational surrogacy arrangement, under which he or she will
11		be the legal parent of the resulting child.
12		(n) "Parent" means an individual who has established a
13		parent-child relationship under Section 201 of this Act.
14		(o) "Parent-child relationship" means the legal
15		relationship between a child and a parent of the child.
16		(p) "Presumed parent" means an individual who, by operation
17		of law under Section 204 of this Act, is recognized as the
18		parent of a child until that status is rebutted or confirmed in
19		a judicial or administrative proceeding.
20		(q) "Probability of paternity" means the measure, for the
21		ethnic or racial group to which the alleged father belongs, of
22		the probability that the man in question is the father of the
23		child, compared with a random, unrelated man of the same ethnic
24		or racial group, expressed as a percentage incorporating the
25		combined paternity index and a prior probability.
26		(r) "Record" means information that is inscribed on a

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1		tangible medium or that is stored in an electronic or other
2		medium and is retrievable in perceivable form.
3		(s) "Signatory" means an individual who authenticates a
4		record and is bound by its terms.
5		(t) "State" means a state of the United States, the
6		District of Columbia, Puerto Rico, the United States Virgin
7		Islands, or any territory or insular possession subject to the
8		jurisdiction of the United States.
9		(u) "Substantially similar legal relationship" means a
10		relationship recognized in this State under Section 60 of the
11		Illinois Religious Freedom Protection and Civil Union Act.
12		(v) "Support-enforcement agency" means a public official
13		or agency authorized to seek:
14		(1) enforcement of support orders or laws relating to
15		the duty of support;
16		(2) establishment or modification of child support;
17		(3) determination of parentage; or
18		(4) location of child-support obligors and their
19		income and assets.
20		(Source: P.A. 99-85, eff. 1-1-16; 99-763, eff. 1-1-17; 99-769,
21		eff. 1-1-17; revised 9-12-16.)
22		Section 715. The Illinois Domestic Violence Act of 1986 is
23		amended by changing Section 202 as follows:
24		(750 ILCS 60/202) (from Ch. 40, par. 2312-2)

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1		Sec. 202. Commencement of action; filing fees; dismissal.
2		(a) How to commence action. Actions for orders of
3		protection are commenced:
4		(1) Independently: By filing a petition for an order of
5		protection in any civil court, unless specific courts are
6		designated by local rule or order.
7		(2) In conjunction with another civil proceeding: By
8		filing a petition for an order of protection under the same
9		case number as another civil proceeding involving the
10		parties, including but not limited to: (i) any proceeding
11		under the Illinois Marriage and Dissolution of Marriage
12		Act, Illinois Parentage Act of 2015, Nonsupport of Spouse
13		and Children Act, Revised Uniform Reciprocal Enforcement
14		of Support Act or an action for nonsupport brought under
15		Article X 10 of the Illinois Public Aid Code, provided that
16		a petitioner and the respondent are a party to or the
17		subject of that proceeding or (ii) a guardianship
18		proceeding under the Probate Act of 1975, or a proceeding
19		for involuntary commitment under the Mental Health and
20		Developmental Disabilities Code, or any proceeding, other
21		than a delinquency petition, under the Juvenile Court Act
22		of 1987, provided that a petitioner or the respondent is a
23		party to or the subject of such proceeding.
24		(3) In conjunction with a delinquency petition or a
25		criminal prosecution: By filing a petition for an order of
26		protection, under the same case number as the delinquency

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1		petition or criminal prosecution, to be granted during
2		pre-trial release of a defendant, with any dispositional
3		order issued under Section 5-710 of the Juvenile Court Act
4		of 1987 or as a condition of release, supervision,
5		conditional discharge, probation, periodic imprisonment,
6		parole, aftercare release, or mandatory supervised
7		release, or in conjunction with imprisonment or a bond
8		forfeiture warrant; provided that:
9		(i) the violation is alleged in an information,
10		complaint, indictment or delinquency petition on file,
11		and the alleged offender and victim are family or
12		household members or persons protected by this Act; and
13		(ii) the petition, which is filed by the State's
14		Attorney, names a victim of the alleged crime as a
15		petitioner.
16		(b) Filing, certification, and service fees. No fee shall
17		be charged by the clerk for filing, amending, vacating,
18		certifying, or photocopying petitions or orders; or for issuing
19		alias summons; or for any related filing service. No fee shall
20		be charged by the sheriff for service by the sheriff of a
21		petition, rule, motion, or order in an action commenced under
22		this Section.
23		(c) Dismissal and consolidation. Withdrawal or dismissal
24		of any petition for an order of protection prior to
25		adjudication where the petitioner is represented by the State
26		shall operate as a dismissal without prejudice. No action for

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1		an order of protection shall be dismissed because the
2		respondent is being prosecuted for a crime against the
3		petitioner. An independent action may be consolidated with
4		another civil proceeding, as provided by paragraph (2) of
5		subsection (a) of this Section. For any action commenced under
6		paragraph (2) or (3) of subsection (a) of this Section,
7		dismissal of the conjoined case (or a finding of not guilty)
8		shall not require dismissal of the action for the order of
9		protection; instead, it may be treated as an independent action
10		and, if necessary and appropriate, transferred to a different
11		court or division. Dismissal of any conjoined case shall not
12		affect the validity of any previously issued order of
13		protection, and thereafter subsections (b)(1) and (b)(2) of
14		Section 220 shall be inapplicable to such order.
15		(d) Pro se petitions. The court shall provide, through the
16		office of the clerk of the court, simplified forms and clerical
17		assistance to help with the writing and filing of a petition
18		under this Section by any person not represented by counsel. In
19		addition, that assistance may be provided by the state's
20		attorney.
21		(e) As provided in this subsection, the administrative
22		director of the Administrative Office of the Illinois Courts,
23		with the approval of the administrative board of the courts,
24		may adopt rules to establish and implement a pilot program to
25		allow the electronic filing of petitions for temporary orders
26		of protection and the issuance of such orders by audio-visual

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1		means to accommodate litigants for whom attendance in court to
2		file for and obtain emergency relief would constitute an undue
3		hardship or would constitute a risk of harm to the litigant.
4		(1) As used in this subsection:
5		(A) "Electronic means" means any method of
6		transmission of information between computers or other
7		machines designed for the purpose of sending or
8		receiving electronic transmission and that allows for
9		the recipient of information to reproduce the
10		information received in a tangible medium of
11		expression.
12		(B) "Independent audio-visual system" means an
13		electronic system for the transmission and receiving
14		of audio and visual signals, including those with the
15		means to preclude the unauthorized reception and
16		decoding of the signals by commercially available
17		television receivers, channel converters, or other
18		available receiving devices.
19		(C) "Electronic appearance" means an appearance in
20		which one or more of the parties are not present in the
21		court, but in which, by means of an independent
22		audio-visual system, all of the participants are
23		simultaneously able to see and hear reproductions of
24		the voices and images of the judge, counsel, parties,
25		witnesses, and any other participants.
26		(2) Any pilot program under this subsection (e) shall

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1		be developed by the administrative director or his or her
2		delegate in consultation with at least one local
3		organization providing assistance to domestic violence
4		victims. The program plan shall include but not be limited
5		to:
6		(A) identification of agencies equipped with or
7		that have access to an independent audio-visual system
8		and electronic means for filing documents; and
9		(B) identification of one or more organizations
10		who are trained and available to assist petitioners in
11		preparing and filing petitions for temporary orders of
12		protection and in their electronic appearances before
13		the court to obtain such orders; and
14		(C) identification of the existing resources
15		available in local family courts for the
16		implementation and oversight of the pilot program; and
17		(D) procedures for filing petitions and documents
18		by electronic means, swearing in the petitioners and
19		witnesses, preparation of a transcript of testimony
20		and evidence presented, and a prompt transmission of
21		any orders issued to the parties; and
22		(E) a timeline for implementation and a plan for
23		informing the public about the availability of the
24		program; and
25		(F) a description of the data to be collected in
26		order to evaluate and make recommendations for

HB3855 Engrossed - 1404 - LRB100 05985 AMC 16014 b
1		improvements to the pilot program.
2		(3) In conjunction with an electronic appearance, any
3		petitioner for an ex parte temporary order of protection
4		may, using the assistance of a trained advocate if
5		necessary, commence the proceedings by filing a petition by
6		electronic means.
7		(A) A petitioner who is seeking an ex parte
8		temporary order of protection using an electronic
9		appearance must file a petition in advance of the
10		appearance and may do so electronically.
11		(B) The petitioner must show that traveling to or
12		appearing in court would constitute an undue hardship
13		or create a risk of harm to the petitioner. In granting
14		or denying any relief sought by the petitioner, the
15		court shall state the names of all participants and
16		whether it is granting or denying an appearance by
17		electronic means and the basis for such a
18		determination. A party is not required to file a
19		petition or other document by electronic means or to
20		testify by means of an electronic appearance.
21		(C) Nothing in this subsection (e) affects or
22		changes any existing laws governing the service of
23		process, including requirements for personal service
24		or the sealing and confidentiality of court records in
25		court proceedings or access to court records by the
26		parties to the proceedings.

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1		(4) Appearances.
2		(A) All electronic appearances by a petitioner
3		seeking an ex parte temporary order of protection under
4		this subsection (e) are strictly voluntary and the
5		court shall obtain the consent of the petitioner on the
6		record at the commencement of each appearance.
7		(B) Electronic appearances under this subsection
8		(e) shall be recorded and preserved for transcription.
9		Documentary evidence, if any, referred to by a party or
10		witness or the court may be transmitted and submitted
11		and introduced by electronic means.
12		(Source: P.A. 98-558, eff. 1-1-14; 99-85, eff. 1-1-16; 99-718,
13		eff. 1-1-17; revised 10-25-16.)
14		Section 720. The Probate Act of 1975 is amended by changing
15		Section 11a-10 as follows:
16		(755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
17		Sec. 11a-10. Procedures preliminary to hearing.
18		(a) Upon the filing of a petition pursuant to Section
19		11a-8, the court shall set a date and place for hearing to take
20		place within 30 days. The court shall appoint a guardian ad
21		litem to report to the court concerning the respondent's best
22		interests consistent with the provisions of this Section,
23		except that the appointment of a guardian ad litem shall not be
24		required when the court determines that such appointment is not

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1		necessary for the protection of the respondent or a reasonably
2		informed decision on the petition. If the guardian ad litem is
3		not a licensed attorney, he or she shall be qualified, by
4		training or experience, to work with or advocate for persons
5		with developmental disabilities, the mentally ill, persons
6		with physical disabilities, the elderly, or persons with a
7		disability due to mental deterioration, depending on the type
8		of disability that is alleged in the petition. The court may
9		allow the guardian ad litem reasonable compensation. The
10		guardian ad litem may consult with a person who by training or
11		experience is qualified to work with persons with a
12		developmental disability, persons with mental illness, persons
13		with physical disabilities, or persons with a disability due to
14		mental deterioration, depending on the type of disability that
15		is alleged. The guardian ad litem shall personally observe the
16		respondent prior to the hearing and shall inform him orally and
17		in writing of the contents of the petition and of his rights
18		under Section 11a-11. The guardian ad litem shall also attempt
19		to elicit the respondent's position concerning the
20		adjudication of disability, the proposed guardian, a proposed
21		change in residential placement, changes in care that might
22		result from the guardianship, and other areas of inquiry deemed
23		appropriate by the court. Notwithstanding any provision in the
24		Mental Health and Developmental Disabilities Confidentiality
25		Act or any other law, a guardian ad litem shall have the right
26		to inspect and copy any medical or mental health record of the

HB3855 Engrossed - 1407 - LRB100 05985 AMC 16014 b
1		respondent which the guardian ad litem deems necessary,
2		provided that the information so disclosed shall not be
3		utilized for any other purpose nor be redisclosed except in
4		connection with the proceedings. At or before the hearing, the
5		guardian ad litem shall file a written report detailing his or
6		her observations of the respondent, the responses of the
7		respondent to any of the inquiries detailed in this Section,
8		the opinion of the guardian ad litem or other professionals
9		with whom the guardian ad litem consulted concerning the
10		appropriateness of guardianship, and any other material issue
11		discovered by the guardian ad litem. The guardian ad litem
12		shall appear at the hearing and testify as to any issues
13		presented in his or her report.
14		(b) The court (1) may appoint counsel for the respondent,
15		if the court finds that the interests of the respondent will be
16		best served by the appointment, and (2) shall appoint counsel
17		upon respondent's request or if the respondent takes a position
18		adverse to that of the guardian ad litem. The respondent shall
19		be permitted to obtain the appointment of counsel either at the
20		hearing or by any written or oral request communicated to the
21		court prior to the hearing. The summons shall inform the
22		respondent of this right to obtain appointed counsel. The court
23		may allow counsel for the respondent reasonable compensation.
24		(c) If the respondent is unable to pay the fee of the
25		guardian ad litem or appointed counsel, or both, the court may
26		enter an order for the petitioner to pay all such fees or such

HB3855 Engrossed - 1408 - LRB100 05985 AMC 16014 b
1		amounts as the respondent or the respondent's estate may be
2		unable to pay. However, in cases where the Office of State
3		Guardian is the petitioner, consistent with Section 30 of the
4		Guardianship and Advocacy Act, where the public guardian is the
5		petitioner, consistent with Section 13-5 of this Act, where an
6		adult protective services agency is the petitioner, pursuant to
7		Section 9 of the Adult Protective Services Act, or where the
8		Department of Children and Family Services is the petitioner
9		under subparagraph (d) of subsection (1) of Section 2-27 of the
10		Juvenile Court Act of 1987, no guardian ad litem or legal fees
11		shall be assessed against the Office of State Guardian, the
12		public guardian, the adult protective services agency, or the
13		Department of Children and Family Services.
14		(d) The hearing may be held at such convenient place as the
15		court directs, including at a facility in which the respondent
16		resides.
17		(e) Unless he is the petitioner, the respondent shall be
18		personally served with a copy of the petition and a summons not
19		less than 14 days before the hearing. The summons shall be
20		printed in large, bold type and shall include the following
21		notice:
22		NOTICE OF RIGHTS OF RESPONDENT
23		You have been named as a respondent in a guardianship
24		petition asking that you be declared a person with a
25		disability. If the court grants the petition, a guardian will
26		be appointed for you. A copy of the guardianship petition is

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1		attached for your convenience.
2		The date and time of the hearing are:
3		The place where the hearing will occur is:
4		The Judge's name and phone number is:
5		If a guardian is appointed for you, the guardian may be
6		given the right to make all important personal decisions for
7		you, such as where you may live, what medical treatment you may
8		receive, what places you may visit, and who may visit you. A
9		guardian may also be given the right to control and manage your
10		money and other property, including your home, if you own one.
11		You may lose the right to make these decisions for yourself.
12		You have the following legal rights:
13		(1) You have the right to be present at the court
14		hearing.
15		(2) You have the right to be represented by a lawyer,
16		either one that you retain, or one appointed by the Judge.
17		(3) You have the right to ask for a jury of six persons
18		to hear your case.
19		(4) You have the right to present evidence to the court
20		and to confront and cross-examine witnesses.
21		(5) You have the right to ask the Judge to appoint an
22		independent expert to examine you and give an opinion about
23		your need for a guardian.
24		(6) You have the right to ask that the court hearing be
25		closed to the public.
26		(7) You have the right to tell the court whom you

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1		prefer to have for your guardian.
2		You do not have to attend the court hearing if you do not
3		want to be there. If you do not attend, the Judge may appoint a
4		guardian if the Judge finds that a guardian would be of benefit
5		to you. The hearing will not be postponed or canceled if you do
6		not attend.
7		IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
8		NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
9		PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
10		IF YOU DO NOT WANT A GUARDIAN OR OF IF YOU HAVE ANY OTHER
11		PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
12		TELL THE JUDGE.
13		Service of summons and the petition may be made by a
14		private person 18 years of age or over who is not a party to the
15		action.
16		(f) Notice of the time and place of the hearing shall be
17		given by the petitioner by mail or in person to those persons,
18		including the proposed guardian, whose names and addresses
19		appear in the petition and who do not waive notice, not less
20		than 14 days before the hearing.
21		(Source: P.A. 98-49, eff. 7-1-13; 98-89, eff. 7-15-13; 98-756,
22		eff. 7-16-14; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16;
23		revised 10-27-16.)
24		Section 725. The Uniform Real Property Electronic
25		Recording Act is amended by changing Section 5 as follows:

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1		(765 ILCS 33/5)
2		Sec. 5. Administration and standards.
3		(a) To adopt standards to implement this Act, there is
4		established, within the Office of the Secretary of State, the
5		Illinois Electronic Recording Commission consisting of 17
6		commissioners as follows:
7		(1) The Secretary of State or the Secretary's designee
8		shall be a permanent commissioner.
9		(2) The Secretary of State shall appoint the following
10		additional 16 commissioners:
11		(A) Three who are from the land title profession.
12		(B) Three who are from lending institutions.
13		(C) One who is an attorney.
14		(D) Seven who are county recorders, no more than 4
15		of whom are from one political party, representative of
16		counties of varying size, geography, population, and
17		resources.
18		(E) Two who are licensed real estate brokers or
19		managing brokers under the Real Estate License Act of
20		2000.
21		(3) On August 27, 2007 (the effective date of this
22		Act), the Secretary of State or the Secretary's designee
23		shall become the Acting Chairperson of the Commission. The
24		Secretary shall appoint the initial commissioners within
25		60 days and hold the first meeting of the Commission within

HB3855 Engrossed - 1412 - LRB100 05985 AMC 16014 b
1		120 days, notifying commissioners of the time and place of
2		the first meeting with at least 14 days' notice. At its
3		first meeting the Commission shall adopt, by a majority
4		vote, such rules and structure that it deems necessary to
5		govern its operations, including the title,
6		responsibilities, and election of officers. Once adopted,
7		the rules and structure may be altered or amended by the
8		Commission by majority vote. Upon the election of officers
9		and adoption of rules or bylaws, the duties of the Acting
10		Chairperson shall cease.
11		(4) The Commission shall meet at least once every year
12		within the State of Illinois. The time and place of
13		meetings to be determined by the Chairperson and approved
14		by a majority of the Commission.
15		(5) Nine commissioners shall constitute a quorum.
16		(6) Commissioners shall receive no compensation for
17		their services but may be reimbursed for reasonable
18		expenses at current rates in effect at the Office of the
19		Secretary of State, directly related to their duties as
20		commissioners and participation at Commission meetings or
21		while on business or at meetings which have been authorized
22		by the Commission.
23		(7) Appointed commissioners shall serve terms of 3
24		years, which shall expire on December 1st. Five of the
25		initially appointed commissioners, including at least 2
26		county recorders, shall serve terms of one year, 5 of the

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1		initially appointed commissioners, including at least 2
2		county recorders, shall serve terms of 2 years, and 4 of
3		the initially appointed commissioners shall serve terms of
4		3 years, to be determined by lot. Of the commissioners
5		appointed under subparagraph (E) of paragraph (2) of this
6		subsection, one of the initially appointed commissioners
7		shall serve a term of 2 years and one of the initially
8		appointed commissioners shall serve a term of 3 years, to
9		be determined by lot. The calculation of the terms in
10		office of the initially appointed commissioners shall
11		begin on the first December 1st after the commissioners
12		have served at least 6 months in office.
13		(8) The Chairperson shall declare a commissioner's
14		office vacant immediately after receipt of a written
15		resignation, death, a recorder commissioner no longer
16		holding the public office, or under other circumstances
17		specified within the rules adopted by the Commission, which
18		shall also by rule specify how and by what deadlines a
19		replacement is to be appointed.
20		(b) (Blank).
21		(c) The Commission shall adopt and transmit to the
22		Secretary of State standards to implement this Act and shall be
23		the exclusive entity to set standards for counties to engage in
24		electronic recording in the State of Illinois.
25		(d) To keep the standards and practices of county recorders
26		in this State in harmony with the standards and practices of

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1		recording offices in other jurisdictions that enact
2		substantially this Act and to keep the technology used by
3		county recorders in this State compatible with technology used
4		by recording offices in other jurisdictions that enact
5		substantially this Act, the Commission, so far as is consistent
6		with the purposes, policies, and provisions of this Act, in
7		adopting, amending, and repealing standards shall consider:
8		(1) standards and practices of other jurisdictions;
9		(2) the most recent standards promulgated by national
10		standard-setting bodies, such as the Property Records
11		Industry Association;
12		(3) the views of interested persons and governmental
13		officials and entities;
14		(4) the needs of counties of varying size, population,
15		and resources; and
16		(5) standards requiring adequate information security
17		protection to ensure that electronic documents are
18		accurate, authentic, adequately preserved, and resistant
19		to tampering.
20		(e) The Commission shall review the statutes related to
21		real property and the statutes related to recording real
22		property documents and shall recommend to the General Assembly
23		any changes in the statutes that the Commission deems necessary
24		or advisable.
25		(f) Funding. The Secretary of State may accept for the
26		Commission, for any of its purposes and functions, donations,

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1		gifts, grants, and appropriations of money, equipment,
2		supplies, materials, and services from the federal government,
3		the State or any of its departments or agencies, a county or
4		municipality, or from any institution, person, firm, or
5		corporation. The Commission may authorize a fee payable by
6		counties engaged in electronic recording to fund its expenses.
7		Any fee shall be proportional based on county population or
8		number of documents recorded annually. On approval by a county
9		recorder of the form and amount, a county board may authorize
10		payment of any fee out of the special fund it has created to
11		fund document storage and electronic retrieval, as authorized
12		in Section 3-5018 of the Counties Code. Any funds received by
13		the Office of the Secretary of State for the Commission shall
14		be used entirely for expenses approved by and for the use of
15		the Commission.
16		(g) The Secretary of State shall provide administrative
17		support to the Commission, including the preparation of the
18		agenda and minutes for Commission meetings, distribution of
19		notices and proposed rules to commissioners, payment of bills
20		and reimbursement for expenses of commissioners.
21		(h) Standards and rules adopted by the Commission shall be
22		delivered to the Secretary of State. Within 60 days, the
23		Secretary shall either promulgate by rule the standards
24		adopted, amended, or repealed or return them to the Commission,
25		with findings, for changes. The Commission may override the
26		Secretary by a three-fifths vote, in which case the Secretary

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1		shall publish the Commission's standards.
2		(Source: P.A. 99-662, eff. 1-1-17; revised 10-27-16.)
3		Section 730. The Common Interest Community Association Act
4		is amended by changing Section 1-90 as follows:
5		(765 ILCS 160/1-90)
6		(Section scheduled to be repealed on July 1, 2022)
7		Sec. 1-90. Compliance with the Condominium and Common
8		Interest Community Ombudsperson Act. Every common interest
9		community association, except for those exempt from this Act
10		under Section 1-75, must comply with the Condominium and Common
11		Community Interest Community Ombudsperson Act and is subject to
12		all provisions of the Condominium and Common Community Interest
13		Community Ombudsperson Act. This Section is repealed July 1,
14		2022.
15		(Source: P.A. 98-1135, eff. 1-1-17 (See Section 20 of P.A.
16		99-776 for effective date of P.A. 98-1135); 99-776, eff.
17		8-12-16; revised 10-27-16.)
18		Section 735. The Condominium Property Act is amended by
19		changing Section 27 as follows:
20		(765 ILCS 605/27) (from Ch. 30, par. 327)
21		Sec. 27. Amendments.
22		(a) If there is any unit owner other than the developer,

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1		and unless otherwise provided in this Act, the condominium
2		instruments shall be amended only as follows:
3		(i) upon the affirmative vote of 2/3 of those voting or
4		upon the majority specified by the condominium
5		instruments, provided that in no event shall the
6		condominium instruments require more than a three-quarters
7		vote of all unit owners; and
8		(ii) with the approval of, or notice to, any mortgagees
9		or other lienholders of record, if required under the
10		provisions of the condominium instruments.
11		(b)(1) If there is an omission, error, or inconsistency in
12		a condominium instrument, such that a provision of a
13		condominium instrument does not conform to this Act or to
14		another applicable statute, the association may correct the
15		omission, error, or inconsistency to conform the condominium
16		instrument to this Act or to another applicable statute by an
17		amendment adopted by vote of two-thirds of the Board of
18		Managers, without a unit owner vote. A provision in a
19		condominium instrument requiring or allowing unit owners,
20		mortgagees, or other lienholders of record to vote to approve
21		an amendment to a condominium instrument, or for the mortgagees
22		or other lienholders of record to be given notice of an
23		amendment to a condominium instrument, is not applicable to an
24		amendment to the extent that the amendment corrects an
25		omission, error, or inconsistency to conform the condominium
26		instrument to this Act or to another applicable statute.

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1		(2) If through a scrivener's error, a unit has not been
2		designated as owning an appropriate undivided share of the
3		common elements or does not bear an appropriate share of the
4		common expenses or that all the common expenses or all of the
5		common elements in the condominium have not been distributed in
6		the declaration, so that the sum total of the shares of common
7		elements which have been distributed or the sum total of the
8		shares of the common expenses fail to equal 100%, or if it
9		appears that more than 100% of the common elements or common
10		expenses have been distributed, the error may be corrected by
11		operation of law by filing an amendment to the declaration
12		approved by vote of two-thirds of the members of the Board of
13		Managers or a majority vote of the unit owners at a meeting
14		called for this purpose which proportionately adjusts all
15		percentage interests so that the total is equal to 100% unless
16		the condominium instruments specifically provide for a
17		different procedure or different percentage vote by the owners
18		of the units and the owners of mortgages thereon affected by
19		modification being made in the undivided interest in the common
20		elements, the number of votes in the unit owners association or
21		the liability for common expenses appertaining to the unit.
22		(3) If an omission or error or a scrivener's error in the
23		declaration, bylaws or other condominium instrument is
24		corrected by vote of two-thirds of the members of the Board of
25		Managers pursuant to the authority established in subsections
26		(b)(1) or (b)(2) of this Section 27 of this Act, the Board upon

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1		written petition by unit owners with 20 percent of the votes of
2		the association filed within 30 days of the Board action shall
3		call a meeting of the unit owners within 30 days of the filing
4		of the petition to consider the Board action. Unless a majority
5		of the votes of the unit owners of the association are cast at
6		the meeting to reject the action, it is ratified whether or not
7		a quorum is present.
8		(4) The procedures for amendments set forth in this
9		subsection (b) cannot be used if such an amendment would
10		materially or adversely affect property rights of the unit
11		owners unless the affected unit owners consent in writing. This
12		Section does not restrict the powers of the association to
13		otherwise amend the declaration, bylaws, or other condominium
14		instruments, but authorizes a simple process of amendment
15		requiring a lesser vote for the purpose of correcting defects,
16		errors, or omissions when the property rights of the unit
17		owners are not materially or adversely affected.
18		(5) If there is an omission or error in the declaration,
19		bylaws, or other condominium instruments, which may not be
20		corrected by an amendment procedure set forth in paragraphs (1)
21		and (2) of this subsection (b) of Section 27 in the declaration
22		then the Circuit Court in the County in which the condominium
23		is located shall have jurisdiction to hear a petition of one or
24		more of the unit owners thereon or of the association, to
25		correct the error or omission, and the action may be a class
26		action. The court may require that one or more methods of

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1		correcting the error or omission be submitted to the unit
2		owners to determine the most acceptable correction. All unit
3		owners in the association must be joined as parties to the
4		action. Service of process on owners may be by publication, but
5		the plaintiff shall furnish all unit owners not personally
6		served with process with copies of the petition and final
7		judgment of the court by certified mail return receipt
8		requested, at their last known address.
9		(6) Nothing contained in this Section shall be construed to
10		invalidate any provision of a condominium instrument
11		authorizing the developer to amend a condominium instrument
12		prior to the latest date on which the initial membership
13		meeting of the unit owners must be held, whether or not nor it
14		has actually been held, to bring the instrument into compliance
15		with the legal requirements of the Federal National Mortgage
16		Association, the Federal Home Loan Mortgage Corporation, the
17		Federal Housing Administration, the United States Veterans
18		Administration or their respective successors and assigns.
19		(Source: P.A. 98-282, eff. 1-1-14; 99-472, eff. 6-1-16; revised
20		9-1-16.)
21		Section 740. The Condominium and Common Interest Community
22		Ombudsperson Act is amended by changing Section 50 as follows:
23		(765 ILCS 615/50)
24		(Section scheduled to be repealed on July 1, 2022)

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1		Sec. 50. Reports. (a) The Department shall submit an annual
2		written report on the activities of the Office to the General
3		Assembly. The Department shall submit the first report no later
4		than July 1, 2018. Beginning in 2019, the Department shall
5		submit the report no later than October 1 of each year. The
6		report shall include all of the following:
7		(1) annual workload and performance data, including
8		(i) the number of requests for information; (ii) training,
9		education, or other information provided; (iii) the manner
10		in which education and training was conducted; and (iv) the
11		staff time required to provide the training, education, or
12		other information. For each category of data, the report
13		shall provide subtotals based on the type of question or
14		dispute involved in the request; and
15		(2) where relevant information is available, analysis
16		of the most common and serious types of concerns within
17		condominiums and common interest communities, along with
18		any recommendations for statutory reform to reduce the
19		frequency or severity of those disputes.
20		(Source: P.A. 98-1135, eff. 1-1-17 (See Section 20 of P.A.
21		99-776 for effective date of P.A. 98-1135); 99-776, eff.
22		8-12-16; revised 10-25-16.)
23		Section 745. The Uniform Disposition of Unclaimed Property
24		Act is amended by changing Section 8.1 as follows:

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1		(765 ILCS 1025/8.1) (from Ch. 141, par. 108.1)
2		Sec. 8.1. Property held by governments.
3		(a) All tangible personal property or intangible personal
4		property and all debts owed or entrusted funds or other
5		property held by any federal, state or local government or
6		governmental subdivision, agency, entity, officer or appointee
7		thereof, shall be presumed abandoned if the property has
8		remained unclaimed for 5 years, except as provided in
9		subsection (c).
10		(b) This Section applies to all abandoned property held by
11		any federal, state or local government or governmental
12		subdivision, agency, entity, officer or appointee thereof, on
13		September 3, 1991 (the effective date of Public Act 87-206)
14		this amendatory Act of 1991 or at any time thereafter,
15		regardless of when the property became or becomes presumptively
16		abandoned.
17		(c) United States savings bonds.
18		(1) As used in this subsection, "United States savings
19		bond" means property, tangible or intangible, in the form
20		of a savings bond issued by the United States Treasury,
21		whether in paper, electronic, or paperless form, along with
22		all proceeds thereof in the possession of the State
23		Treasurer.
24		(2) Notwithstanding any provision of this Act to the
25		contrary, a United States savings bond subject to this
26		Section or held or owing in this State by any person shall

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1		be presumed abandoned when such bond has remained unclaimed
2		and unredeemed for 5 years after its date of final extended
3		maturity.
4		(3) United States savings bonds that are presumed
5		abandoned and unclaimed under paragraph (2) shall escheat
6		to the State of Illinois and all property rights and legal
7		title to and ownership of the United States savings bonds,
8		or proceeds from the bonds, including all rights, powers,
9		and privileges of survivorship of any owner, co-owner, or
10		beneficiary, shall vest solely in the State according to
11		the procedure set forth in paragraphs (4) through (6).
12		(4) Within 180 days after a United States savings bond
13		has been presumed abandoned, in the absence of a claim
14		having been filed with the State Treasurer for the savings
15		bond, the State Treasurer shall commence a civil action in
16		the Circuit Court of Sangamon County for a determination
17		that the United States savings bond bonds has escheated to
18		the State. The State Treasurer may postpone the bringing of
19		the action until sufficient United States savings bonds
20		have accumulated in the State Treasurer's custody to
21		justify the expense of the proceedings.
22		(5) The State Treasurer shall make service by
23		publication in the civil action in accordance with Sections
24		2-206 and 2-207 of the Code of Civil Procedure, which shall
25		include the filing with the Circuit Court of Sangamon
26		County of the affidavit required in Section 2-206 of that

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1		Code by an employee of the State Treasurer with personal
2		knowledge of the efforts made to contact the owners of
3		United States savings bonds presumed abandoned under this
4		Section. In addition to the diligent inquiries made
5		pursuant to Section 2-206 of the Code of Civil Procedure,
6		the State Treasurer may also utilize additional
7		discretionary means to attempt to provide notice to persons
8		who may own a United States savings bond registered to a
9		person with a last known address in the State of Illinois
10		subject to a civil action pursuant to paragraph (4).
11		(6) The owner of a United States savings bond
12		registered to a person with a last known address in the
13		State of Illinois subject to a civil action pursuant to
14		paragraph (4) may file a claim for such United States
15		savings bond with either the State Treasurer or by filing a
16		claim in the civil action in the Circuit Court of Sangamon
17		County in which the savings bond registered to that person
18		is at issue prior to the entry of a final judgment by the
19		Circuit Court pursuant to this subsection, and unless the
20		Circuit Court determines that such United States savings
21		bond is not owned by the claimant, then such United States
22		savings bond shall no longer be presumed abandoned. If no
23		person files a claim or appears at the hearing to
24		substantiate a disputed claim or if the court determines
25		that a claimant is not entitled to the property claimed by
26		the claimant, then the court, if satisfied by evidence that

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1		the State Treasurer has substantially complied with the
2		laws of this State, shall enter a judgment that the United
3		States savings bonds have escheated to this State, and all
4		property rights and legal title to and ownership of such
5		United States savings bonds or proceeds from such bonds,
6		including all rights, powers, and privileges of
7		survivorship of any owner, co-owner, or beneficiary, shall
8		vest in this State.
9		(7) The State Treasurer shall redeem from the Bureau of
10		the Fiscal Service of the United States Treasury the United
11		States savings bonds escheated to the State and deposit the
12		proceeds from the redemption of United States savings bonds
13		into the Unclaimed Property Trust Fund.
14		(8) Any person making a claim for the United States
15		savings bonds escheated to the State under this subsection,
16		or for the proceeds from such bonds, may file a claim with
17		the State Treasurer. Upon providing sufficient proof of the
18		validity of such person's claim, the State Treasurer may,
19		in his or her sole discretion, pay such claim. If payment
20		has been made to any claimant, no action thereafter shall
21		be maintained by any other claimant against the State or
22		any officer thereof for or on account of such funds.
23		(Source: P.A. 99-556, eff. 1-1-17; 99-577, eff. 1-1-17; revised
24		9-15-16.)
25		Section 750. The Illinois Human Rights Act is amended by

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1		changing Section 4-104 as follows:
2		(775 ILCS 5/4-104) (from Ch. 68, par. 4-104)
3		Sec. 4-104. Exemptions. ) Nothing contained in this Article
4		shall prohibit:
5		(A) Sound Underwriting Practices. A financial
6		institution from considering sound underwriting practices
7		in contemplation of any loan to any person. Such practices
8		shall include:
9		(1) The willingness and the financial ability of
10		the borrower to repay the loan.
11		(2) The market value of any real estate or other
12		item of property proposed as security for any loan.
13		(3) Diversification of the financial institution's
14		investment portfolio.
15		(B) Credit-worthiness Information; Credit Systems. A
16		financial institution or a person who offers credit cards
17		from:
18		(1) making an inquiry of the applicant's age,
19		permanent residence, immigration status, or any
20		additional information if such inquiry is for the
21		purpose of determining the amount and probable
22		continuance of income levels, credit history, or other
23		pertinent element of credit-worthiness as provided in
24		regulations of the Department;
25		(2) using any empirically derived credit system

HB3855 Engrossed - 1427 - LRB100 05985 AMC 16014 b
1		which considers age if such system is demonstrably and
2		statistically sound in accordance with regulations of
3		the Department, except that in the operation of such
4		system the age of an applicant over the age of 62 years
5		may not be assigned a negative factor or value.
6		(C) Special Credit Programs. A financial institution
7		from refusing to extend credit when required to by or
8		pursuant to any:
9		(1) credit assistance program expressly authorized
10		by law for an economically disadvantaged class of
11		persons;
12		(2) credit assistance program administered by a
13		nonprofit organization for its members of an
14		economically disadvantaged class of persons;
15		(3) special purpose credit program offered by a
16		profit-making organization to meet special social
17		needs which meets standards prescribed by the
18		Department in its regulations.
19		(Source: P.A. 81-1267; revised 9-1-16.)
20		Section 755. The Professional Service Corporation Act is
21		amended by changing Section 3.1 as follows:
22		(805 ILCS 10/3.1) (from Ch. 32, par. 415-3.1)
23		Sec. 3.1. "Ancillary personnel" means such persons person
24		acting in their customary capacities, employed by those

HB3855 Engrossed - 1428 - LRB100 05985 AMC 16014 b
1		rendering a professional service who:
2		(1) are Are not licensed to engage in the category of
3		professional service for which a professional corporation
4		was formed; and
5		(2) work Work at the direction or under the supervision
6		of those who are so licensed; and
7		(3) do Do not hold themselves out to the public
8		generally as being authorized to engage in the practice of
9		the profession for which the corporation is licensed; and
10		(4) are Are not prohibited by the regulating authority,
11		regulating the category of professional service rendered
12		by the corporation from being so employed and includes
13		clerks, secretaries, technicians and other assistants who
14		are not usually and ordinarily considered by custom and
15		practice to be rendering the professional services for
16		which the corporation was formed.
17		(Source: P.A. 99-227, eff. 8-3-15; revised 10-26-16.)
18		Section 760. The Medical Corporation Act is amended by
19		changing Section 18 as follows:
20		(805 ILCS 15/18) (from Ch. 32, par. 648)
21		Sec. 18. Illinois Administrative Procedure Act. The
22		Illinois Administrative Procedure Act is expressly adopted and
23		incorporated herein as if all of the provisions of that Act
24		were included in this Act, except that the provision of

HB3855 Engrossed - 1429 - LRB100 05985 AMC 16014 b
1		subsection (d) of Section 10-65 of the Illinois Administrative
2		Procedure Act, which provides that at hearings the licensee has
3		the right to show compliance with all lawful requirements for
4		retention, or continuation or renewal of the license, is
5		specifically excluded. For the purposes of this Act the notice
6		required under Section 10-25 of the Illinois Administrative
7		Procedure Act is deemed sufficient when mailed to the last
8		known address of a party.
9		(Source: P.A. 88-45; revised 9-15-16.)
10		Section 765. The Uniform Commercial Code is amended by
11		changing Section 2-323 as follows:
12		(810 ILCS 5/2-323) (from Ch. 26, par. 2-323)
13		Sec. 2-323. Form of bill of lading required in overseas
14		shipment; "overseas"."
15		(1) Where the contract contemplates overseas shipment and
16		contains a term C.I.F. or C. & F. or F.O.B. vessel, the seller
17		unless otherwise agreed must obtain a negotiable bill of lading
18		stating that the goods have been loaded on board or, in the
19		case of a term C.I.F. or C. & F., received for shipment.
20		(2) Where in a case within subsection (1) a tangible bill
21		of lading has been issued in a set of parts, unless otherwise
22		agreed if the documents are not to be sent from abroad the
23		buyer may demand tender of the full set; otherwise only one
24		part of the bill of lading need be tendered. Even if the

HB3855 Engrossed - 1430 - LRB100 05985 AMC 16014 b
1		agreement expressly requires a full set:
2		(a) due tender of a single part is acceptable within
3		the provisions of this Article on cure of improper delivery
4		(subsection (1) of Section 2-508); and
5		(b) even though the full set is demanded, if the
6		documents are sent from abroad the person tendering an
7		incomplete set may nevertheless require payment upon
8		furnishing an indemnity which the buyer in good faith deems
9		adequate.
10		(3) A shipment by water or by air or a contract
11		contemplating such shipment is "overseas" insofar as by usage
12		of trade or agreement it is subject to the commercial,
13		financing or shipping practices characteristic of
14		international deep water commerce.
15		(Source: P.A. 95-895, eff. 1-1-09; revised 9-15-16.)
16		Section 770. The Illinois Securities Law of 1953 is amended
17		by changing Section 16 as follows:
18		(815 ILCS 5/16) (from Ch. 121 1/2, par. 137.16)
19		Sec. 16. Saving clauses. Notwithstanding any repeal
20		provisions of this Act, the provisions of the Act entitled "An
21		Act relating to the sale or other disposition of securities and
22		providing penalties for the violation thereof and to repeal
23		Acts in conflict therewith," approved June 10, 1919, as
24		amended, shall remain in force (1) for the prosecution and

HB3855 Engrossed - 1431 - LRB100 05985 AMC 16014 b
1		punishment of any person who, before the effective date of this
2		Act, shall have violated any provision of said Act approved
3		June 10, 1919, as amended; (2) for carrying out the terms of
4		escrow agreements made pursuant to the provisions of said Act
5		approved June 10, 1919, as amended, and (3) for the retention,
6		enforcement and liquidation of deposits made with the Secretary
7		of State pursuant to the provisions of Section 6a of said Act
8		approved June 10, 1919, as amended, or of subsection E of
9		Section 6 of the "The Illinois Securities Law of 1953",
10		approved July 13, 1953, as amended and in effect prior to
11		January 1, 1986, which deposits, from and after January 1,
12		1986, shall be subject to the provisions of subsections G, H,
13		and I of Section 6 as if such deposits were made in respect of
14		face amount certificate contracts which were registered under
15		subsection B of Section 6 on or after January 1, 1986.
16		(Source: P.A. 84-1308; revised 10-26-16.)
17		Section 775. The Payday Loan Reform Act is amended by
18		changing Section 2-5 as follows:
19		(815 ILCS 122/2-5)
20		Sec. 2-5. Loan terms.
21		(a) Without affecting the right of a consumer to prepay at
22		any time without cost or penalty, no payday loan may have a
23		minimum term of less than 13 days.
24		(b) Except for an installment payday loan as defined in

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1		this Section, no payday loan may be made to a consumer if the
2		loan would result in the consumer being indebted to one or more
3		payday lenders for a period in excess of 45 consecutive days.
4		Except as provided under subsection (c) of this Section and
5		Section 2-40, if a consumer has or has had loans outstanding
6		for a period in excess of 45 consecutive days, no payday lender
7		may offer or make a loan to the consumer for at least 7
8		calendar days after the date on which the outstanding balance
9		of all payday loans made during the 45 consecutive day period
10		is paid in full. For purposes of this subsection, the term
11		"consecutive days" means a series of continuous calendar days
12		in which the consumer has an outstanding balance on one or more
13		payday loans; however, if a payday loan is made to a consumer
14		within 6 days or less after the outstanding balance of all
15		loans is paid in full, those days are counted as "consecutive
16		days" for purposes of this subsection.
17		(c) Notwithstanding anything in this Act to the contrary, a
18		payday loan shall also include any installment loan otherwise
19		meeting the definition of payday loan contained in Section
20		1-10, but that has a term agreed by the parties of not less
21		than 112 days and not exceeding 180 days; hereinafter an
22		"installment payday loan". The following provisions shall
23		apply:
24		(i) Any installment payday loan must be fully
25		amortizing, with a finance charge calculated on the
26		principal balances scheduled to be outstanding and be

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1		repayable in substantially equal and consecutive
2		installments, according to a payment schedule agreed by the
3		parties with not less than 13 days and not more than one
4		month between payments; except that the first installment
5		period may be longer than the remaining installment periods
6		by not more than 15 days, and the first installment payment
7		may be larger than the remaining installment payments by
8		the amount of finance charges applicable to the extra days.
9		In calculating finance charges under this subsection, when
10		the first installment period is longer than the remaining
11		installment periods, the amount of the finance charges
12		applicable to the extra days shall not be greater than
13		$15.50 per $100 of the original principal balance divided
14		by the number of days in a regularly scheduled installment
15		period and multiplied by the number of extra days
16		determined by subtracting the number of days in a regularly
17		scheduled installment period from the number of days in the
18		first installment period.
19		(ii) An installment payday loan may be refinanced by a
20		new installment payday loan one time during the term of the
21		initial loan; provided that the total duration of
22		indebtedness on the initial installment payday loan
23		combined with the total term of indebtedness of the new
24		loan refinancing that initial loan, shall not exceed 180
25		days. For purposes of this Act, a refinancing occurs when
26		an existing installment payday loan is paid from the

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1		proceeds of a new installment payday loan.
2		(iii) In the event an installment payday loan is paid
3		in full prior to the date on which the last scheduled
4		installment payment before maturity is due, other than
5		through a refinancing, no licensee may offer or make a
6		payday loan to the consumer for at least 2 calendar days
7		thereafter.
8		(iv) No installment payday loan may be made to a
9		consumer if the loan would result in the consumer being
10		indebted to one or more payday lenders for a period in
11		excess of 180 consecutive days. The term "consecutive days"
12		does not include the date on which a consumer makes the
13		final installment payment.
14		(d) (Blank).
15		(e) No lender may make a payday loan to a consumer if the
16		total of all payday loan payments coming due within the first
17		calendar month of the loan, when combined with the payment
18		amount of all of the consumer's other outstanding payday loans
19		coming due within the same month, exceeds the lesser of:
20		(1) $1,000; or
21		(2) in the case of one or more payday loans, 25% of the
22		consumer's gross monthly income; or
23		(3) in the case of one or more installment payday
24		loans, 22.5% of the consumer's gross monthly income; or
25		(4) in the case of a payday loan and an installment
26		payday loan, 22.5% of the consumer's gross monthly income.

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1		No loan shall be made to a consumer who has an outstanding
2		balance on 2 payday loans, except that, for a period of 12
3		months after March 21, 2011 (the effective date of Public Act
4		96-936) this amendatory Act of the 96th General Assembly,
5		consumers with an existing CILA loan may be issued an
6		installment loan issued under this Act from the company from
7		which their CILA loan was issued.
8		(e-5) Except as provided in subsection (c)(i), no lender
9		may charge more than $15.50 per $100 loaned on any payday loan,
10		or more than $15.50 per $100 on the initial principal balance
11		and on the principal balances scheduled to be outstanding
12		during any installment period on any installment payday loan.
13		Except for installment payday loans and except as provided in
14		Section 2-25, this charge is considered fully earned as of the
15		date on which the loan is made. For purposes of determining the
16		finance charge earned on an installment payday loan, the
17		disclosed annual percentage rate shall be applied to the
18		principal balances outstanding from time to time until the loan
19		is paid in full, or until the maturity date, whichever which
20		ever occurs first. No finance charge may be imposed after the
21		final scheduled maturity date.
22		When any loan contract is paid in full, the licensee shall
23		refund any unearned finance charge. The unearned finance charge
24		that is refunded shall be calculated based on a method that is
25		at least as favorable to the consumer as the actuarial method,
26		as defined by the federal Truth in Lending Act. The sum of the

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1		digits or rule of 78ths method of calculating prepaid interest
2		refunds is prohibited.
3		(f) A lender may not take or attempt to take an interest in
4		any of the consumer's personal property to secure a payday
5		loan.
6		(g) A consumer has the right to redeem a check or any other
7		item described in the definition of payday loan under Section
8		1-10 issued in connection with a payday loan from the lender
9		holding the check or other item at any time before the payday
10		loan becomes payable by paying the full amount of the check or
11		other item.
12		(Source: P.A. 96-936, eff. 3-21-11; 97-421, eff. 1-1-12;
13		revised 9-15-16.)
14		Section 780. The High Risk Home Loan Act is amended by
15		changing Section 10 as follows:
16		(815 ILCS 137/10)
17		Sec. 10. Definitions. As used in this Act:
18		"Approved credit counselor" means a credit counselor
19		approved by the Director of Financial Institutions.
20		"Bona fide discount points" means loan discount points that
21		are knowingly paid by the consumer for the purpose of reducing,
22		and that in fact result in a bona fide reduction of, the
23		interest rate or time price differential applicable to the
24		mortgage.

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1		"Borrower" means a natural person who seeks or obtains a
2		high risk home loan.
3		"Commissioner" means the Commissioner of the Office of
4		Banks and Real Estate.
5		"Department" means the Department of Financial
6		Institutions.
7		"Director" means the Director of Financial Institutions.
8		"Good faith" means honesty in fact in the conduct or
9		transaction concerned.
10		"High risk home loan" means a consumer credit transaction,
11		other than a reverse mortgage, that is secured by the
12		consumer's principal dwelling if: (i) at the time of
13		origination, the annual percentage rate exceeds by more than 6
14		percentage points in the case of a first lien mortgage, or by
15		more than 8 percentage points in the case of a junior mortgage,
16		the average prime offer rate, as defined in Section
17		129C(b)(2)(B) of the federal Truth in Lending Act, for a
18		comparable transaction as of the date on which the interest
19		rate for the transaction is set, or if the dwelling is personal
20		property, then as provided under 15 U.S.C. 1602(bb), as
21		amended, and any corresponding regulation, as amended, (ii) the
22		loan documents permit the creditor to charge or collect
23		prepayment fees or penalties more than 36 months after the
24		transaction closing or such fees exceed, in the aggregate, more
25		than 2% of the amount prepaid, or (iii) the total points and
26		fees payable in connection with the transaction, other than

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1		bona fide third-party charges not retained by the mortgage
2		originator, creditor, or an affiliate of the mortgage
3		originator or creditor, will exceed (1) 5% of the total loan
4		amount in the case of a transaction for $20,000 (or such other
5		dollar amount as prescribed by federal regulation pursuant to
6		the federal Dodd-Frank Act) or more or (2) the lesser of 8% of
7		the total loan amount or $1,000 (or such other dollar amount as
8		prescribed by federal regulation pursuant to the federal
9		Dodd-Frank Act) in the case of a transaction for less than
10		$20,000 (or such other dollar amount as prescribed by federal
11		regulation pursuant to the federal Dodd-Frank Act), except
12		that, with respect to all transactions, bona fide loan discount
13		points may be excluded as provided for in Section 35 of this
14		Act. "High risk home loan" does not include a loan that is made
15		primarily for a business purpose unrelated to the residential
16		real property securing the loan or a consumer credit
17		transaction made by a natural person who provides seller
18		financing secured by a principal residence no more than 3 times
19		in a 12-month period, provided such consumer credit transaction
20		is not made by a person that has constructed or acted as a
21		contractor for the construction of the residence in the
22		ordinary course of business of such person.
23		"Lender" means a natural or artificial person who
24		transfers, deals in, offers, or makes a high risk home loan.
25		"Lender" includes, but is not limited to, creditors and brokers
26		who transfer, deal in, offer, or make high risk home loans.

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1		"Lender" does not include purchasers, assignees, or subsequent
2		holders of high risk home loans.
3		"Office" means the Office of Banks and Real Estate.
4		"Points and fees" means all items considered to be points
5		and fees under 12 CFR 226.32 (2000, or as initially amended
6		pursuant to Section 1431 of the federal Dodd-Frank Act with no
7		subsequent amendments or editions included, whichever is
8		later); compensation paid directly or indirectly by a consumer
9		or creditor to a mortgage broker from any source, including a
10		broker that originates a loan in its own name in a table-funded
11		transaction, not otherwise included in 12 CFR 226.4; the
12		maximum prepayment fees and penalties that may be charged or
13		collected under the terms of the credit transaction; all
14		prepayment fees or penalties that are incurred by the consumer
15		if the loan refinances a previous loan made or currently held
16		by the same creditor or an affiliate of the creditor; and
17		premiums or other charges payable at or before closing or
18		financed directly or indirectly into the loan for any credit
19		life, credit disability, credit unemployment, credit property,
20		other accident, loss of income, life, or health insurance or
21		payments directly or indirectly for any debt cancellation or
22		suspension agreement or contract, except that insurance
23		premiums or debt cancellation or suspension fees calculated and
24		paid in full on a monthly basis shall not be considered
25		financed by the creditor. "Points and fees" does not include
26		any insurance premium provided by an agency of the federal

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1		government or an agency of a state; any insurance premium paid
2		by the consumer after closing; and any amount of a premium,
3		charge, or fee that is not in excess of the amount payable
4		under policies in effect at the time of origination under
5		Section 203(c)(2)(A) of the National Housing Act (12 U.S.C.
6		1709(c)(2)(A)), provided that the premium, charge, or fee is
7		required to be refundable on a pro-rated basis and the refund
8		is automatically issued upon notification of the satisfaction
9		of the underlying mortgage loan.
10		"Prepayment penalty" and "prepayment fees or penalties"
11		mean: (i) for a closed-end credit transaction, a charge imposed
12		for paying all or part of the transaction's principal before
13		the date on which the principal is due, other than a waived,
14		bona fide third-party charge that the creditor imposes if the
15		consumer prepays all of the transaction's transactions's
16		principal sooner than 36 months after consummation and (ii) for
17		an open-end credit plan, a charge imposed by the creditor if
18		the consumer terminates the open-end credit plan prior to the
19		end of its term, other than a waived, bona fide third-party
20		charge that the creditor imposes if the consumer terminates the
21		open-end credit plan sooner than 36 months after account
22		opening.
23		"Reasonable" means fair, proper, just, or prudent under the
24		circumstances.
25		"Servicer" means any entity chartered under the Illinois
26		Banking Act, the Savings Bank Act, the Illinois Credit Union

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1		Act, or the Illinois Savings and Loan Act of 1985 and any
2		person or entity licensed under the Residential Mortgage
3		License Act of 1987, the Consumer Installment Loan Act, or the
4		Sales Finance Agency Act who is responsible for the collection
5		or remittance for, or has the right or obligation to collect or
6		remit for, any lender, note owner, or note holder or for a
7		licensee's own account, of payments, interest, principal, and
8		trust items (such as hazard insurance and taxes on a
9		residential mortgage loan) in accordance with the terms of the
10		residential mortgage loan, including loan payment follow-up,
11		delinquency loan follow-up, loan analysis, and any
12		notifications to the borrower that are necessary to enable the
13		borrower to keep the loan current and in good standing.
14		"Total loan amount" has the same meaning as that term is
15		given in 12 CFR 226.32 and shall be calculated in accordance
16		with the Federal Reserve Board's Official Staff Commentary to
17		that regulation.
18		(Source: P.A. 99-150, eff. 7-28-15; 99-288, eff. 8-5-15;
19		99-642, eff. 7-28-16; revised 10-27-16.)
20		Section 785. The Illinois Loan Brokers Act of 1995 is
21		amended by changing Section 15-80 as follows:
22		(815 ILCS 175/15-80)
23		Sec. 15-80. Persons exempt from registration and other
24		duties; burden of proof thereof.

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1		(a) The following persons are exempt from the requirements
2		of Sections 15-10, 15-15, 15-20, 15-25, 15-30, 15-35, 15-40,
3		and 15-75 of this Act:
4		(1) Any attorney while engaging in the practice of law.
5		(2) Any certified public accountant licensed to
6		practice in Illinois, while engaged in practice as a
7		certified public accountant and whose service in relation
8		to procurement of a loan is incidental to his or her
9		practice.
10		(3) Any person licensed to engage in business as a real
11		estate broker or salesperson in Illinois while rendering
12		services in the ordinary course of a transaction in which a
13		license as a real estate broker or salesperson is required.
14		(4) Any dealer, salesperson or investment adviser
15		registered under the Illinois Securities Law of 1953, or an
16		investment advisor, representative, or any person who is
17		regularly engaged in the business of offering or selling
18		securities in a transaction exempted under subsection C, H,
19		M, R, Q, or S of Section 4 of the Illinois Securities Law
20		of 1953 or subsection G of Section 4 of the Illinois
21		Securities Law of 1953 provided that such person is
22		registered under the federal securities law.
23		(4.1) An associated person described in subdivision
24		(h)(2) of Section 15 of the Federal 1934 Act.
25		(4.2) An investment adviser registered pursuant to
26		Section 203 of the Federal 1940 Investment Advisers

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1		Advisors Act.
2		(4.3) A person described in subdivision (a)(11) of
3		Section 202 of the Federal 1940 Investment Advisers
4		Advisors Act.
5		(5) Any person whose fee is wholly contingent on the
6		successful procurement of a loan from a third party and to
7		whom no fee, other than a bona fide third party fee, is
8		paid before the procurement.
9		(6) Any person who is a creditor, or proposed to be a
10		creditor, for any loan.
11		(7) (Blank).
12		(8) Any person regulated by the Department of Financial
13		Institutions or the Office of Banks and Real Estate, or any
14		insurance producer or company authorized to do business in
15		this State.
16		(b) As used in this Section, "bona fide third party fee"
17		includes fees for:
18		(1) Credit reports, appraisals and investigations.
19		(2) If the loan is to be secured by real property,
20		title examinations, an abstract of title, title insurance,
21		a property survey and similar purposes.
22		(c) As used in this Section, "successful procurement of a
23		loan" means that a binding commitment from a creditor to
24		advance money has been received and accepted by the borrower.
25		(d) The burden of proof of any exemption provided in this
26		Act shall be on the party claiming the exemption.

HB3855 Engrossed - 1444 - LRB100 05985 AMC 16014 b
1		(Source: P.A. 90-70, eff. 7-8-97; 91-435, eff. 8-6-99; revised
2		9-15-16.)
3		Section 790. The Illinois Business Brokers Act of 1995 is
4		amended by changing Section 10-80 as follows:
5		(815 ILCS 307/10-80)
6		Sec. 10-80. Persons exempt from registration and other
7		duties under law; burden of proof thereof.
8		(a) The following persons are exempt from the requirements
9		of this Act:
10		(1) Any attorney who is licensed to practice in this
11		State, while engaged in the practice of law and whose
12		service in relation to the business broker transaction is
13		incidental to the attorney's practice.
14		(2) Any person licensed as a real estate broker or
15		salesperson under the Illinois Real Estate License Act of
16		2000 who is primarily engaged in business activities for
17		which a license is required under that Act and who, on an
18		incidental basis, acts as a business broker.
19		(3) Any dealer, salesperson, or investment adviser
20		registered pursuant to the Illinois Securities Law of 1953
21		or any investment adviser representative, or any person who
22		is regularly engaged in the business of offering or selling
23		securities in a transaction exempted under subsection C, H,
24		M, R, Q, or S of Section 4 of the Illinois Securities Law

HB3855 Engrossed - 1445 - LRB100 05985 AMC 16014 b
1		of 1953 or subsection G of Section 4 of the Illinois
2		Securities Law of 1953 provided that such person is
3		registered pursuant to federal securities law.
4		(4) An associated person described in subdivision
5		(h)(2) of Section 15 of the Federal 1934 Act.
6		(5) An investment adviser registered pursuant to
7		Section 203 of the Federal 1940 Investment Advisers
8		Advisors Act.
9		(6) A person described in subdivision (a)(11) of
10		Section 202 of the Federal 1940 Investment Advisers
11		Advisors Act.
12		(7) Any person who is selling a business owned or
13		operated (in whole or in part) by that person in a one time
14		transaction.
15		(b) This Act shall not be deemed to apply in any manner,
16		directly or indirectly, to: (i) a State bank or national bank,
17		as those terms are defined in the Illinois Banking Act, or any
18		subsidiary of a State bank or national bank; (ii) a bank
19		holding company, as that term is defined in the Illinois Bank
20		Holding Company Act of 1957, or any subsidiary of a bank
21		holding company; (iii) a foreign banking corporation, as that
22		term is defined in the Foreign Banking Office Act, or any
23		subsidiary of a foreign banking corporation; (iv) a
24		representative office, as that term is defined in the Foreign
25		Bank Representative Office Act; (v) a corporate fiduciary, as
26		that term is defined in the Corporate Fiduciary Act, or any

HB3855 Engrossed - 1446 - LRB100 05985 AMC 16014 b
1		subsidiary of a corporate fiduciary; (vi) a savings bank
2		organized under the Savings Bank Act, or a federal savings bank
3		organized under federal law, or any subsidiary of a savings
4		bank or federal savings bank; (vii) a savings bank holding
5		company organized under the Savings Bank Act, or any subsidiary
6		of a savings bank holding company; (viii) an association or
7		federal association, as those terms are defined in the Illinois
8		Savings and Loan Act of 1985, or any subsidiary of an
9		association or federal association; (ix) a foreign savings and
10		loan association or foreign savings bank subject to the
11		Illinois Savings and Loan Act of 1985, or any subsidiary of a
12		foreign savings and loan association or foreign savings bank;
13		or (x) a savings and loan association holding company, as that
14		term is defined in the Illinois Savings and Loan Act of 1985,
15		or any subsidiary of a savings and loan association holding
16		company.
17		(b-1) Any franchise seller as defined in the Federal Trade
18		Commission rule entitled Disclosure Requirements and
19		Prohibitions Concerning Franchising, 16 C.F.R. Part 436, as it
20		may be amended, is exempt from the requirements of this Act.
21		(b-2) Any certified public accountant licensed to practice
22		in Illinois, while engaged in the practice as a certified
23		public accountant and whose service in relation to the business
24		broker transaction is incidental to his or her practice, is
25		exempt from the requirements of this Act.
26		(b-3) Any publisher, or regular employee of such publisher,

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1		of a bona fide newspaper or news magazine of regular and
2		established paid circulation who, in the routine course of
3		selling advertising, advertises businesses for sale and in
4		which no other related services are provided is exempt from the
5		requirements of this Act.
6		(c) The burden of proof of any exemption or classification
7		provided in this Act shall be on the party claiming the
8		exemption or classification.
9		(Source: P.A. 96-648, eff. 10-1-09; revised 9-15-16.)
10		Section 800. The Personal Information Protection Act is
11		amended by changing Section 10 as follows:
12		(815 ILCS 530/10)
13		Sec. 10. Notice of breach.
14		(a) Any data collector that owns or licenses personal
15		information concerning an Illinois resident shall notify the
16		resident at no charge that there has been a breach of the
17		security of the system data following discovery or notification
18		of the breach. The disclosure notification shall be made in the
19		most expedient time possible and without unreasonable delay,
20		consistent with any measures necessary to determine the scope
21		of the breach and restore the reasonable integrity, security,
22		and confidentiality of the data system. The disclosure
23		notification to an Illinois resident shall include, but need
24		not be limited to, information as follows:

HB3855 Engrossed - 1448 - LRB100 05985 AMC 16014 b
1		(1) With respect to personal information as defined in
2		Section 5 in paragraph (1) of the definition of "personal
3		information":
4		(A) the toll-free numbers and addresses for
5		consumer reporting agencies;
6		(B) the toll-free number, address, and website
7		address for the Federal Trade Commission; and
8		(C) a statement that the individual can obtain
9		information from these sources about fraud alerts and
10		security freezes.
11		The notification shall not, however, include
12		information concerning the number of Illinois residents
13		affected by the breach.
14		(2) With respect to personal information defined in
15		Section 5 in paragraph (2) of the definition of "personal
16		information", notice may be provided in electronic or other
17		form directing the Illinois resident whose personal
18		information has been breached to promptly change his or her
19		user name or password and security question or answer, as
20		applicable, or to take other steps appropriate to protect
21		all online accounts for which the resident uses the same
22		user name or email address and password or security
23		question and answer.
24		The notification shall not, however, include information
25		concerning the number of Illinois residents affected by the
26		breach.

HB3855 Engrossed - 1449 - LRB100 05985 AMC 16014 b
1		(b) Any data collector that maintains or stores, but does
2		not own or license, computerized data that includes personal
3		information that the data collector does not own or license
4		shall notify the owner or licensee of the information of any
5		breach of the security of the data immediately following
6		discovery, if the personal information was, or is reasonably
7		believed to have been, acquired by an unauthorized person. In
8		addition to providing such notification to the owner or
9		licensee, the data collector shall cooperate with the owner or
10		licensee in matters relating to the breach. That cooperation
11		shall include, but need not be limited to, (i) informing the
12		owner or licensee of the breach, including giving notice of the
13		date or approximate date of the breach and the nature of the
14		breach, and (ii) informing the owner or licensee of any steps
15		the data collector has taken or plans to take relating to the
16		breach. The data collector's cooperation shall not, however, be
17		deemed to require either the disclosure of confidential
18		business information or trade secrets or the notification of an
19		Illinois resident who may have been affected by the breach.
20		(b-5) The notification to an Illinois resident required by
21		subsection (a) of this Section may be delayed if an appropriate
22		law enforcement agency determines that notification will
23		interfere with a criminal investigation and provides the data
24		collector with a written request for the delay. However, the
25		data collector must notify the Illinois resident as soon as
26		notification will no longer interfere with the investigation.

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1		(c) For purposes of this Section, notice to consumers may
2		be provided by one of the following methods:
3		(1) written notice;
4		(2) electronic notice, if the notice provided is
5		consistent with the provisions regarding electronic
6		records and signatures for notices legally required to be
7		in writing as set forth in Section 7001 of Title 15 of the
8		United States Code; or
9		(3) substitute notice, if the data collector
10		demonstrates that the cost of providing notice would exceed
11		$250,000 or that the affected class of subject persons to
12		be notified exceeds 500,000, or the data collector does not
13		have sufficient contact information. Substitute notice
14		shall consist of all of the following: (i) email notice if
15		the data collector has an email address for the subject
16		persons; (ii) conspicuous posting of the notice on the data
17		collector's web site page if the data collector maintains
18		one; and (iii) notification to major statewide media or, if
19		the breach impacts residents in one geographic area, to
20		prominent local media in areas where affected individuals
21		are likely to reside if such notice is reasonably
22		calculated to give actual notice to persons whom notice is
23		required.
24		(d) Notwithstanding any other subsection in this Section, a
25		data collector that maintains its own notification procedures
26		as part of an information security policy for the treatment of

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1		personal information and is otherwise consistent with the
2		timing requirements of this Act, shall be deemed in compliance
3		with the notification requirements of this Section if the data
4		collector notifies subject persons in accordance with its
5		policies in the event of a breach of the security of the system
6		data.
7		(Source: P.A. 99-503, eff. 1-1-17; revised 9-15-16.)
8		Section 805. The Business Opportunity Sales Law of 1995 is
9		amended by changing Section 5-15 as follows:
10		(815 ILCS 602/5-15)
11		Sec. 5-15. Denial or revocation of exemptions.
12		(a) The Secretary of State may by order deny or revoke any
13		exemption specified in Section 5-10 of this Law with respect to
14		a particular offering of one or more business opportunities. No
15		such order may be entered without appropriate prior notice to
16		all interested parties, opportunity for hearing, and written
17		findings of fact and conclusions of law.
18		(b) If the public interest or the protection of purchasers
19		so requires, the Secretary of State may by summary order deny
20		or revoke any of the specified exemptions pending final
21		determination of any proceedings under this Section. Upon the
22		entry of the order, the Secretary of State shall promptly
23		notify all interested parties that it has been entered and of
24		the reasons therefor and that the matter will be set for

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1		hearing upon written request filed with the Secretary of State
2		within 30 days after the receipt of the request by the
3		respondent. If no hearing is requested and none is ordered by
4		the Secretary of State, the order will remain in effect until
5		it is modified or vacated by the Secretary of State. If a
6		hearing is requested and none is ordered by the Secretary of
7		State, the order will remain in effect until it is modified or
8		vacated by the Secretary of State. If a hearing is requested or
9		ordered, the Secretary of State, after notice of an opportunity
10		for hearing to all interested persons, may modify or vacate the
11		order or extend it until final determination.
12		(c) No order under this Section may operate retroactively.
13		(d) No person may be considered to have violated Section
14		5-25 by reason of any offer or sale effected after the entry of
15		an order under paragraph (1) of Section 5-65 of this Law if he
16		or she sustains the burden of proof that he or she did not
17		know, and in the exercise of reasonable care could not have
18		known, of the order.
19		(e) Notwithstanding any provision to the contrary, this Law
20		shall not apply to (i) any dealer, salesperson, or investment
21		adviser registered under the Illinois Securities Law of 1953 or
22		any investment adviser representative, or any person who is
23		regularly engaged in the business of offering or selling
24		securities in a transaction exempted under subsection C, H, M,
25		R, Q, or S of Section 4 of the Illinois Securities Law of 1953
26		or subsection G of Section 4 of the Illinois Securities Law of

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1		1953 provided that such person is registered under the federal
2		securities law, (ii) an associated person described in
3		subdivision (h)(2) of Section 15 of the Federal 1934 Act, (iii)
4		an investment adviser registered under Section 203 of the
5		Federal 1940 Investment Advisers Advisors Act, or (iv) a person
6		described in subdivision (a)(11) of Section 202 of the Federal
7		1940 Investment Advisers Advisors Act.
8		(f) This Law shall not be deemed to apply in any manner,
9		directly or indirectly, to: (i) a State bank or national bank,
10		as those terms are defined in the Illinois Banking Act, or any
11		subsidiary of a State bank or national bank; (ii) a bank
12		holding company, as that term is defined in the Illinois Bank
13		Holding Company Act of 1957, or any subsidiary of a bank
14		holding company; (iii) a foreign banking corporation, as that
15		term is defined in the Foreign Banking Office Act, or any
16		subsidiary of a foreign banking corporation; (iv) a
17		representative office, as that term is defined in the Foreign
18		Bank Representative Office Act, (v) a corporate fiduciary, as
19		that term is defined in the Corporate Fiduciary Act, or any
20		subsidiary of a corporate fiduciary; (vi) a savings bank
21		organized under the Savings Bank Act, or a federal savings bank
22		organized under federal law, or any subsidiary of a savings
23		bank or federal savings bank; (vii) a savings bank holding
24		company organized under the Savings Bank Act, or any subsidiary
25		of a savings bank holding company; (viii) an association or
26		federal association, as those terms are defined in the Illinois

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1		Savings and Loan Act of 1985, or any subsidiary of an
2		association or federal association; (ix) a foreign savings and
3		loan association or foreign savings bank subject to the
4		Illinois Savings and Loan Act of 1985, or any subsidiary of a
5		foreign savings and loan association or foreign savings bank;
6		or (x) a savings and loan association holding company, as that
7		term is defined in the Illinois Savings and Loan Act of 1985,
8		or any subsidiary of a savings and loan association holding
9		company.
10		(Source: P.A. 89-209, eff. 1-1-96; 90-70, eff. 7-8-97; revised
11		9-15-16.)
12		Section 810. The Contractor Prompt Payment Act is amended
13		by changing Section 10 as follows:
14		(815 ILCS 603/10)
15		Sec. 10. Construction contracts. All construction
16		contracts shall be deemed to provide the following:
17		(1) If a contractor has performed in accordance with
18		the provisions of a construction contract and the payment
19		application has been approved by the owner or the owner's
20		agent, the owner shall pay the amount due to the contractor
21		pursuant to the payment application not more than 15
22		calendar days after the approval. The payment application
23		shall be deemed approved 25 days after the owner receives
24		it unless the owner provides, before the end of the 25-day

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1		period, a written statement of the amount withheld and the
2		reason for withholding payment. If the owner finds that a
3		portion of the work is not in accordance with the contract,
4		payment may be withheld for the reasonable value of that
5		portion only. Payment shall be made for any portion of the
6		contract for which the work has been performed in
7		accordance with the provisions of the contract.
8		Instructions or notification from an owner to his or her
9		lender or architect to process or pay a payment application
10		does not constitute approval of the payment application
11		under this Act.
12		(2) If a subcontractor has performed in accordance with
13		the provisions of his or her contract with the contractor
14		or subcontractor and the work has been accepted by the
15		owner, the owner's agent, or the contractor, the contractor
16		shall pay to his or her subcontractor and the subcontractor
17		shall pay to his or her subcontractor, within 15 calendar
18		days of the contractor's receipt from the owner or the
19		subcontractor's receipt from the contractor of each
20		periodic payment, final payment, or receipt of retainage
21		monies, the full amount received for the work of the
22		subcontractor based on the work completed or the services
23		rendered under the construction contract.
24		(Source: P.A. 95-567, eff. 8-31-07; revised 9-15-16.)
25		Section 815. The Motor Vehicle Franchise Act is amended by

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1		changing Section 4 as follows:
2		(815 ILCS 710/4) (from Ch. 121 1/2, par. 754)
3		Sec. 4. Unfair competition and practices.
4		(a) The unfair methods of competition and unfair and
5		deceptive acts or practices listed in this Section are hereby
6		declared to be unlawful. In construing the provisions of this
7		Section, the courts may be guided by the interpretations of the
8		Federal Trade Commission Act (15 U.S.C. 45 et seq.), as from
9		time to time amended.
10		(b) It shall be deemed a violation for any manufacturer,
11		factory branch, factory representative, distributor or
12		wholesaler, distributor branch, distributor representative or
13		motor vehicle dealer to engage in any action with respect to a
14		franchise which is arbitrary, in bad faith or unconscionable
15		and which causes damage to any of the parties or to the public.
16		(c) It shall be deemed a violation for a manufacturer, a
17		distributor, a wholesaler, a distributor branch or division, a
18		factory branch or division, or a wholesale branch or division,
19		or officer, agent or other representative thereof, to coerce,
20		or attempt to coerce, any motor vehicle dealer:
21		(1) to accept, buy or order any motor vehicle or
22		vehicles, appliances, equipment, parts or accessories
23		therefor, or any other commodity or commodities or service
24		or services which such motor vehicle dealer has not
25		voluntarily ordered or requested except items required by

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1		applicable local, state or federal law; or to require a
2		motor vehicle dealer to accept, buy, order or purchase such
3		items in order to obtain any motor vehicle or vehicles or
4		any other commodity or commodities which have been ordered
5		or requested by such motor vehicle dealer;
6		(2) to order or accept delivery of any motor vehicle
7		with special features, appliances, accessories or
8		equipment not included in the list price of the motor
9		vehicles as publicly advertised by the manufacturer
10		thereof, except items required by applicable law; or
11		(3) to order for anyone any parts, accessories,
12		equipment, machinery, tools, appliances or any commodity
13		whatsoever, except items required by applicable law.
14		(d) It shall be deemed a violation for a manufacturer, a
15		distributor, a wholesaler, a distributor branch or division, or
16		officer, agent or other representative thereof:
17		(1) to adopt, change, establish or implement a plan or
18		system for the allocation and distribution of new motor
19		vehicles to motor vehicle dealers which is arbitrary or
20		capricious or to modify an existing plan so as to cause the
21		same to be arbitrary or capricious;
22		(2) to fail or refuse to advise or disclose to any
23		motor vehicle dealer having a franchise or selling
24		agreement, upon written request therefor, the basis upon
25		which new motor vehicles of the same line make are
26		allocated or distributed to motor vehicle dealers in the

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1		State and the basis upon which the current allocation or
2		distribution is being made or will be made to such motor
3		vehicle dealer;
4		(3) to refuse to deliver in reasonable quantities and
5		within a reasonable time after receipt of dealer's order,
6		to any motor vehicle dealer having a franchise or selling
7		agreement for the retail sale of new motor vehicles sold or
8		distributed by such manufacturer, distributor, wholesaler,
9		distributor branch or division, factory branch or division
10		or wholesale branch or division, any such motor vehicles as
11		are covered by such franchise or selling agreement
12		specifically publicly advertised in the State by such
13		manufacturer, distributor, wholesaler, distributor branch
14		or division, factory branch or division, or wholesale
15		branch or division to be available for immediate delivery.
16		However, the failure to deliver any motor vehicle shall not
17		be considered a violation of this Act if such failure is
18		due to an act of God, a work stoppage or delay due to a
19		strike or labor difficulty, a shortage of materials, a lack
20		of manufacturing capacity, a freight embargo or other cause
21		over which the manufacturer, distributor, or wholesaler,
22		or any agent thereof has no control;
23		(4) to coerce, or attempt to coerce, any motor vehicle
24		dealer to enter into any agreement with such manufacturer,
25		distributor, wholesaler, distributor branch or division,
26		factory branch or division, or wholesale branch or

HB3855 Engrossed - 1459 - LRB100 05985 AMC 16014 b
1		division, or officer, agent or other representative
2		thereof, or to do any other act prejudicial to the dealer
3		by threatening to reduce his allocation of motor vehicles
4		or cancel any franchise or any selling agreement existing
5		between such manufacturer, distributor, wholesaler,
6		distributor branch or division, or factory branch or
7		division, or wholesale branch or division, and the dealer.
8		However, notice in good faith to any motor vehicle dealer
9		of the dealer's violation of any terms or provisions of
10		such franchise or selling agreement or of any law or
11		regulation applicable to the conduct of a motor vehicle
12		dealer shall not constitute a violation of this Act;
13		(5) to require a franchisee to participate in an
14		advertising campaign or contest or any promotional
15		campaign, or to purchase or lease any promotional
16		materials, training materials, show room or other display
17		decorations or materials at the expense of the franchisee;
18		(6) to cancel or terminate the franchise or selling
19		agreement of a motor vehicle dealer without good cause and
20		without giving notice as hereinafter provided; to fail or
21		refuse to extend the franchise or selling agreement of a
22		motor vehicle dealer upon its expiration without good cause
23		and without giving notice as hereinafter provided; or, to
24		offer a renewal, replacement or succeeding franchise or
25		selling agreement containing terms and provisions the
26		effect of which is to substantially change or modify the

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1		sales and service obligations or capital requirements of
2		the motor vehicle dealer arbitrarily and without good cause
3		and without giving notice as hereinafter provided
4		notwithstanding any term or provision of a franchise or
5		selling agreement.
6		(A) If a manufacturer, distributor, wholesaler,
7		distributor branch or division, factory branch or
8		division or wholesale branch or division intends to
9		cancel or terminate a franchise or selling agreement or
10		intends not to extend or renew a franchise or selling
11		agreement on its expiration, it shall send a letter by
12		certified mail, return receipt requested, to the
13		affected franchisee at least 60 days before the
14		effective date of the proposed action, or not later
15		than 10 days before the proposed action when the reason
16		for the action is based upon either of the following:
17		(i) the business operations of the franchisee
18		have been abandoned or the franchisee has failed to
19		conduct customary sales and service operations
20		during customary business hours for at least 7
21		consecutive business days unless such closing is
22		due to an act of God, strike or labor difficulty or
23		other cause over which the franchisee has no
24		control; or
25		(ii) the conviction of or plea of nolo
26		contendere by the motor vehicle dealer or any

HB3855 Engrossed - 1461 - LRB100 05985 AMC 16014 b
1		operator thereof in a court of competent
2		jurisdiction to an offense punishable by
3		imprisonment for more than two years.
4		Each notice of proposed action shall include a
5		detailed statement setting forth the specific grounds
6		for the proposed cancellation, termination, or refusal
7		to extend or renew and shall state that the dealer has
8		only 30 days from receipt of the notice to file with
9		the Motor Vehicle Review Board a written protest
10		against the proposed action.
11		(B) If a manufacturer, distributor, wholesaler,
12		distributor branch or division, factory branch or
13		division or wholesale branch or division intends to
14		change substantially or modify the sales and service
15		obligations or capital requirements of a motor vehicle
16		dealer as a condition to extending or renewing the
17		existing franchise or selling agreement of such motor
18		vehicle dealer, it shall send a letter by certified
19		mail, return receipt requested, to the affected
20		franchisee at least 60 days before the date of
21		expiration of the franchise or selling agreement. Each
22		notice of proposed action shall include a detailed
23		statement setting forth the specific grounds for the
24		proposed action and shall state that the dealer has
25		only 30 days from receipt of the notice to file with
26		the Motor Vehicle Review Board a written protest

HB3855 Engrossed - 1462 - LRB100 05985 AMC 16014 b
1		against the proposed action.
2		(C) Within 30 days from receipt of the notice under
3		subparagraphs (A) and (B), the franchisee may file with
4		the Board a written protest against the proposed
5		action.
6		When the protest has been timely filed, the Board
7		shall enter an order, fixing a date (within 60 days of
8		the date of the order), time, and place of a hearing on
9		the protest required under Sections 12 and 29 of this
10		Act, and send by certified mail, return receipt
11		requested, a copy of the order to the manufacturer that
12		filed the notice of intention of the proposed action
13		and to the protesting dealer or franchisee.
14		The manufacturer shall have the burden of proof to
15		establish that good cause exists to cancel or
16		terminate, or fail to extend or renew the franchise or
17		selling agreement of a motor vehicle dealer or
18		franchisee, and to change substantially or modify the
19		sales and service obligations or capital requirements
20		of a motor vehicle dealer as a condition to extending
21		or renewing the existing franchise or selling
22		agreement. The determination whether good cause exists
23		to cancel, terminate, or refuse to renew or extend the
24		franchise or selling agreement, or to change or modify
25		the obligations of the dealer as a condition to offer
26		renewal, replacement, or succession shall be made by

HB3855 Engrossed - 1463 - LRB100 05985 AMC 16014 b
1		the Board under subsection (d) of Section 12 of this
2		Act.
3		(D) Notwithstanding the terms, conditions, or
4		provisions of a franchise or selling agreement, the
5		following shall not constitute good cause for
6		cancelling or terminating or failing to extend or renew
7		the franchise or selling agreement: (i) the change of
8		ownership or executive management of the franchisee's
9		dealership; or (ii) the fact that the franchisee or
10		owner of an interest in the franchise owns, has an
11		investment in, participates in the management of, or
12		holds a license for the sale of the same or any other
13		line make of new motor vehicles.
14		(E) The manufacturer may not cancel or terminate,
15		or fail to extend or renew a franchise or selling
16		agreement or change or modify the obligations of the
17		franchisee as a condition to offering a renewal,
18		replacement, or succeeding franchise or selling
19		agreement before the hearing process is concluded as
20		prescribed by this Act, and thereafter, if the Board
21		determines that the manufacturer has failed to meet its
22		burden of proof and that good cause does not exist to
23		allow the proposed action;
24		(7) notwithstanding the terms of any franchise
25		agreement, to fail to indemnify and hold harmless its
26		franchised dealers against any judgment or settlement for

HB3855 Engrossed - 1464 - LRB100 05985 AMC 16014 b
1		damages, including, but not limited to, court costs, expert
2		witness fees, reasonable attorneys' fees of the new motor
3		vehicle dealer, and other expenses incurred in the
4		litigation, so long as such fees and costs are reasonable,
5		arising out of complaints, claims or lawsuits including,
6		but not limited to, strict liability, negligence,
7		misrepresentation, warranty (express or implied), or
8		rescission recision of the sale as defined in Section 2-608
9		of the Uniform Commercial Code, to the extent that the
10		judgment or settlement relates to the alleged defective or
11		negligent manufacture, assembly or design of new motor
12		vehicles, parts or accessories or other functions by the
13		manufacturer, beyond the control of the dealer; provided
14		that, in order to provide an adequate defense, the
15		manufacturer receives notice of the filing of a complaint,
16		claim, or lawsuit within 60 days after the filing;
17		(8) to require or otherwise coerce a motor vehicle
18		dealer to underutilize the motor vehicle dealer's
19		facilities by requiring or otherwise coercing the motor
20		vehicle dealer to exclude or remove from the motor vehicle
21		dealer's facilities operations for selling or servicing of
22		any vehicles for which the motor vehicle dealer has a
23		franchise agreement with another manufacturer,
24		distributor, wholesaler, distribution branch or division,
25		or officer, agent, or other representative thereof;
26		provided, however, that, in light of all existing

HB3855 Engrossed - 1465 - LRB100 05985 AMC 16014 b
1		circumstances, (i) the motor vehicle dealer maintains a
2		reasonable line of credit for each make or line of new
3		motor vehicle, (ii) the new motor vehicle dealer remains in
4		compliance with any reasonable facilities requirements of
5		the manufacturer, (iii) no change is made in the principal
6		management of the new motor vehicle dealer, and (iv) the
7		addition of the make or line of new motor vehicles would be
8		reasonable. The reasonable facilities requirement set
9		forth in item (ii) of subsection (d)(8) shall not include
10		any requirement that a franchisee establish or maintain
11		exclusive facilities, personnel, or display space. Any
12		decision by a motor vehicle dealer to sell additional makes
13		or lines at the motor vehicle dealer's facility shall be
14		presumed to be reasonable, and the manufacturer shall have
15		the burden to overcome that presumption. A motor vehicle
16		dealer must provide a written notification of its intent to
17		add a make or line of new motor vehicles to the
18		manufacturer. If the manufacturer does not respond to the
19		motor vehicle dealer, in writing, objecting to the addition
20		of the make or line within 60 days after the date that the
21		motor vehicle dealer sends the written notification, then
22		the manufacturer shall be deemed to have approved the
23		addition of the make or line; or
24		(9) to use or consider the performance of a motor
25		vehicle dealer relating to the sale of the manufacturer's,
26		distributor's, or wholesaler's vehicles or the motor

HB3855 Engrossed - 1466 - LRB100 05985 AMC 16014 b
1		vehicle dealer's ability to satisfy any minimum sales or
2		market share quota or responsibility relating to the sale
3		of the manufacturer's, distributor's, or wholesaler's new
4		vehicles in determining:
5		(A) the motor vehicle dealer's eligibility to
6		purchase program, certified, or other used motor
7		vehicles from the manufacturer, distributor, or
8		wholesaler;
9		(B) the volume, type, or model of program,
10		certified, or other used motor vehicles that a motor
11		vehicle dealer is eligible to purchase from the
12		manufacturer, distributor, or wholesaler;
13		(C) the price of any program, certified, or other
14		used motor vehicle that the dealer is eligible to
15		purchase from the manufacturer, distributor, or
16		wholesaler; or
17		(D) the availability or amount of any discount,
18		credit, rebate, or sales incentive that the dealer is
19		eligible to receive from the manufacturer,
20		distributor, or wholesaler for the purchase of any
21		program, certified, or other used motor vehicle
22		offered for sale by the manufacturer, distributor, or
23		wholesaler.
24		(e) It shall be deemed a violation for a manufacturer, a
25		distributor, a wholesaler, a distributor branch or division or
26		officer, agent or other representative thereof:

HB3855 Engrossed - 1467 - LRB100 05985 AMC 16014 b
1		(1) to resort to or use any false or misleading
2		advertisement in connection with his business as such
3		manufacturer, distributor, wholesaler, distributor branch
4		or division or officer, agent or other representative
5		thereof;
6		(2) to offer to sell or lease, or to sell or lease, any
7		new motor vehicle to any motor vehicle dealer at a lower
8		actual price therefor than the actual price offered to any
9		other motor vehicle dealer for the same model vehicle
10		similarly equipped or to utilize any device including, but
11		not limited to, sales promotion plans or programs which
12		result in such lesser actual price or fail to make
13		available to any motor vehicle dealer any preferential
14		pricing, incentive, rebate, finance rate, or low interest
15		loan program offered to competing motor vehicle dealers in
16		other contiguous states. However, the provisions of this
17		paragraph shall not apply to sales to a motor vehicle
18		dealer for resale to any unit of the United States
19		Government, the State or any of its political subdivisions;
20		(3) to offer to sell or lease, or to sell or lease, any
21		new motor vehicle to any person, except a wholesaler,
22		distributor or manufacturer's employees at a lower actual
23		price therefor than the actual price offered and charged to
24		a motor vehicle dealer for the same model vehicle similarly
25		equipped or to utilize any device which results in such
26		lesser actual price. However, the provisions of this

HB3855 Engrossed - 1468 - LRB100 05985 AMC 16014 b
1		paragraph shall not apply to sales to a motor vehicle
2		dealer for resale to any unit of the United States
3		Government, the State or any of its political subdivisions;
4		(4) to prevent or attempt to prevent by contract or
5		otherwise any motor vehicle dealer or franchisee from
6		changing the executive management control of the motor
7		vehicle dealer or franchisee unless the franchiser, having
8		the burden of proof, proves that such change of executive
9		management will result in executive management control by a
10		person or persons who are not of good moral character or
11		who do not meet the franchiser's existing and, with
12		consideration given to the volume of sales and service of
13		the dealership, uniformly applied minimum business
14		experience standards in the market area. However where the
15		manufacturer rejects a proposed change in executive
16		management control, the manufacturer shall give written
17		notice of his reasons to the dealer within 60 days of
18		notice to the manufacturer by the dealer of the proposed
19		change. If the manufacturer does not send a letter to the
20		franchisee by certified mail, return receipt requested,
21		within 60 days from receipt by the manufacturer of the
22		proposed change, then the change of the executive
23		management control of the franchisee shall be deemed
24		accepted as proposed by the franchisee, and the
25		manufacturer shall give immediate effect to such change;
26		(5) to prevent or attempt to prevent by contract or

HB3855 Engrossed - 1469 - LRB100 05985 AMC 16014 b
1		otherwise any motor vehicle dealer from establishing or
2		changing the capital structure of his dealership or the
3		means by or through which he finances the operation
4		thereof; provided the dealer meets any reasonable capital
5		standards agreed to between the dealer and the
6		manufacturer, distributor or wholesaler, who may require
7		that the sources, method and manner by which the dealer
8		finances or intends to finance its operation, equipment or
9		facilities be fully disclosed;
10		(6) to refuse to give effect to or prevent or attempt
11		to prevent by contract or otherwise any motor vehicle
12		dealer or any officer, partner or stockholder of any motor
13		vehicle dealer from selling or transferring any part of the
14		interest of any of them to any other person or persons or
15		party or parties unless such sale or transfer is to a
16		transferee who would not otherwise qualify for a new motor
17		vehicle dealers license under the "The Illinois Vehicle
18		Code" or unless the franchiser, having the burden of proof,
19		proves that such sale or transfer is to a person or party
20		who is not of good moral character or does not meet the
21		franchiser's existing and reasonable capital standards
22		and, with consideration given to the volume of sales and
23		service of the dealership, uniformly applied minimum
24		business experience standards in the market area. However,
25		nothing herein shall be construed to prevent a franchiser
26		from implementing affirmative action programs providing

HB3855 Engrossed - 1470 - LRB100 05985 AMC 16014 b
1		business opportunities for minorities or from complying
2		with applicable federal, State or local law:
3		(A) If the manufacturer intends to refuse to
4		approve the sale or transfer of all or a part of the
5		interest, then it shall, within 60 days from receipt of
6		the completed application forms generally utilized by
7		a manufacturer to conduct its review and a copy of all
8		agreements regarding the proposed transfer, send a
9		letter by certified mail, return receipt requested,
10		advising the franchisee of any refusal to approve the
11		sale or transfer of all or part of the interest and
12		shall state that the dealer only has 30 days from the
13		receipt of the notice to file with the Motor Vehicle
14		Review Board a written protest against the proposed
15		action. The notice shall set forth specific criteria
16		used to evaluate the prospective transferee and the
17		grounds for refusing to approve the sale or transfer to
18		that transferee. Within 30 days from the franchisee's
19		receipt of the manufacturer's notice, the franchisee
20		may file with the Board a written protest against the
21		proposed action.
22		When a protest has been timely filed, the Board
23		shall enter an order, fixing the date (within 60 days
24		of the date of such order), time, and place of a
25		hearing on the protest, required under Sections 12 and
26		29 of this Act, and send by certified mail, return

HB3855 Engrossed - 1471 - LRB100 05985 AMC 16014 b
1		receipt requested, a copy of the order to the
2		manufacturer that filed notice of intention of the
3		proposed action and to the protesting franchisee.
4		The manufacturer shall have the burden of proof to
5		establish that good cause exists to refuse to approve
6		the sale or transfer to the transferee. The
7		determination whether good cause exists to refuse to
8		approve the sale or transfer shall be made by the Board
9		under subdivisions (6)(B). The manufacturer shall not
10		refuse to approve the sale or transfer by a dealer or
11		an officer, partner, or stockholder of a franchise or
12		any part of the interest to any person or persons
13		before the hearing process is concluded as prescribed
14		by this Act, and thereafter if the Board determines
15		that the manufacturer has failed to meet its burden of
16		proof and that good cause does not exist to refuse to
17		approve the sale or transfer to the transferee.
18		(B) Good cause to refuse to approve such sale or
19		transfer under this Section is established when such
20		sale or transfer is to a transferee who would not
21		otherwise qualify for a new motor vehicle dealers
22		license under the "The Illinois Vehicle Code" or such
23		sale or transfer is to a person or party who is not of
24		good moral character or does not meet the franchiser's
25		existing and reasonable capital standards and, with
26		consideration given to the volume of sales and service

HB3855 Engrossed - 1472 - LRB100 05985 AMC 16014 b
1		of the dealership, uniformly applied minimum business
2		experience standards in the market area.
3		(7) to obtain money, goods, services, anything of
4		value, or any other benefit from any other person with whom
5		the motor vehicle dealer does business, on account of or in
6		relation to the transactions between the dealer and the
7		other person as compensation, except for services actually
8		rendered, unless such benefit is promptly accounted for and
9		transmitted to the motor vehicle dealer;
10		(8) to grant an additional franchise in the relevant
11		market area of an existing franchise of the same line make
12		or to relocate an existing motor vehicle dealership within
13		or into a relevant market area of an existing franchise of
14		the same line make. However, if the manufacturer wishes to
15		grant such an additional franchise to an independent person
16		in a bona fide relationship in which such person is
17		prepared to make a significant investment subject to loss
18		in such a dealership, or if the manufacturer wishes to
19		relocate an existing motor vehicle dealership, then the
20		manufacturer shall send a letter by certified mail, return
21		receipt requested, to each existing dealer or dealers of
22		the same line make whose relevant market area includes the
23		proposed location of the additional or relocated franchise
24		at least 60 days before the manufacturer grants an
25		additional franchise or relocates an existing franchise of
26		the same line make within or into the relevant market area

HB3855 Engrossed - 1473 - LRB100 05985 AMC 16014 b
1		of an existing franchisee of the same line make. Each
2		notice shall set forth the specific grounds for the
3		proposed grant of an additional or relocation of an
4		existing franchise and shall state that the dealer has only
5		30 days from the date of receipt of the notice to file with
6		the Motor Vehicle Review Board a written protest against
7		the proposed action. Unless the parties agree upon the
8		grant or establishment of the additional or relocated
9		franchise within 30 days from the date the notice was
10		received by the existing franchisee of the same line make
11		or any person entitled to receive such notice, the
12		franchisee or other person may file with the Board a
13		written protest against the grant or establishment of the
14		proposed additional or relocated franchise.
15		When a protest has been timely filed, the Board shall
16		enter an order fixing a date (within 60 days of the date of
17		the order), time, and place of a hearing on the protest,
18		required under Sections 12 and 29 of this Act, and send by
19		certified or registered mail, return receipt requested, a
20		copy of the order to the manufacturer that filed the notice
21		of intention to grant or establish the proposed additional
22		or relocated franchise and to the protesting dealer or
23		dealers of the same line make whose relevant market area
24		includes the proposed location of the additional or
25		relocated franchise.
26		When more than one protest is filed against the grant

HB3855 Engrossed - 1474 - LRB100 05985 AMC 16014 b
1		or establishment of the additional or relocated franchise
2		of the same line make, the Board may consolidate the
3		hearings to expedite disposition of the matter. The
4		manufacturer shall have the burden of proof to establish
5		that good cause exists to allow the grant or establishment
6		of the additional or relocated franchise. The manufacturer
7		may not grant or establish the additional franchise or
8		relocate the existing franchise before the hearing process
9		is concluded as prescribed by this Act, and thereafter if
10		the Board determines that the manufacturer has failed to
11		meet its burden of proof and that good cause does not exist
12		to allow the grant or establishment of the additional
13		franchise or relocation of the existing franchise.
14		The determination whether good cause exists for
15		allowing the grant or establishment of an additional
16		franchise or relocated existing franchise, shall be made by
17		the Board under subsection (c) of Section 12 of this Act.
18		If the manufacturer seeks to enter into a contract,
19		agreement or other arrangement with any person,
20		establishing any additional motor vehicle dealership or
21		other facility, limited to the sale of factory repurchase
22		vehicles or late model vehicles, then the manufacturer
23		shall follow the notice procedures set forth in this
24		Section and the determination whether good cause exists for
25		allowing the proposed agreement shall be made by the Board
26		under subsection (c) of Section 12, with the manufacturer

HB3855 Engrossed - 1475 - LRB100 05985 AMC 16014 b
1		having the burden of proof.
2		A. (Blank).
3		B. For the purposes of this Section, appointment of
4		a successor motor vehicle dealer at the same location
5		as its predecessor, or within 2 miles of such location,
6		or the relocation of an existing dealer or franchise
7		within 2 miles of the relocating dealer's or
8		franchisee's existing location, shall not be construed
9		as a grant, establishment or the entering into of an
10		additional franchise or selling agreement, or a
11		relocation of an existing franchise. The reopening of a
12		motor vehicle dealership that has not been in operation
13		for 18 months or more shall be deemed the grant of an
14		additional franchise or selling agreement.
15		C. This Section does not apply to the relocation of
16		an existing dealership or franchise in a county having
17		a population of more than 300,000 persons when the new
18		location is within the dealer's current relevant
19		market area, provided the new location is more than 7
20		miles from the nearest dealer of the same line make.
21		This Section does not apply to the relocation of an
22		existing dealership or franchise in a county having a
23		population of less than 300,000 persons when the new
24		location is within the dealer's current relevant
25		market area, provided the new location is more than 12
26		miles from the nearest dealer of the same line make. A

HB3855 Engrossed - 1476 - LRB100 05985 AMC 16014 b
1		dealer that would be farther away from the new location
2		of an existing dealership or franchise of the same line
3		make after a relocation may not file a written protest
4		against the relocation with the Motor Vehicle Review
5		Board.
6		D. Nothing in this Section shall be construed to
7		prevent a franchiser from implementing affirmative
8		action programs providing business opportunities for
9		minorities or from complying with applicable federal,
10		State or local law;
11		(9) to require a motor vehicle dealer to assent to a
12		release, assignment, novation, waiver or estoppel which
13		would relieve any person from liability imposed by this
14		Act;
15		(10) to prevent or refuse to give effect to the
16		succession to the ownership or management control of a
17		dealership by any legatee under the will of a dealer or to
18		an heir under the laws of descent and distribution of this
19		State unless the franchisee has designated a successor to
20		the ownership or management control under the succession
21		provisions of the franchise. Unless the franchiser, having
22		the burden of proof, proves that the successor is a person
23		who is not of good moral character or does not meet the
24		franchiser's existing and reasonable capital standards
25		and, with consideration given to the volume of sales and
26		service of the dealership, uniformly applied minimum

HB3855 Engrossed - 1477 - LRB100 05985 AMC 16014 b
1		business experience standards in the market area, any
2		designated successor of a dealer or franchisee may succeed
3		to the ownership or management control of a dealership
4		under the existing franchise if:
5		(i) The designated successor gives the
6		franchiser written notice by certified mail,
7		return receipt requested, of his or her intention
8		to succeed to the ownership of the dealer within 60
9		days of the dealer's death or incapacity; and
10		(ii) The designated successor agrees to be
11		bound by all the terms and conditions of the
12		existing franchise.
13		Notwithstanding the foregoing, in the event the motor
14		vehicle dealer or franchisee and manufacturer have duly
15		executed an agreement concerning succession rights prior
16		to the dealer's death or incapacitation, the agreement
17		shall be observed.
18		(A) If the franchiser intends to refuse to honor
19		the successor to the ownership of a deceased or
20		incapacitated dealer or franchisee under an existing
21		franchise agreement, the franchiser shall send a
22		letter by certified mail, return receipt requested, to
23		the designated successor within 60 days from receipt of
24		a proposal advising of its intent to refuse to honor
25		the succession and to discontinue the existing
26		franchise agreement and shall state that the

HB3855 Engrossed - 1478 - LRB100 05985 AMC 16014 b
1		designated successor only has 30 days from the receipt
2		of the notice to file with the Motor Vehicle Review
3		Board a written protest against the proposed action.
4		The notice shall set forth the specific grounds for the
5		refusal to honor the succession and discontinue the
6		existing franchise agreement.
7		If notice of refusal is not timely served upon the
8		designated successor, the franchise agreement shall
9		continue in effect subject to termination only as
10		otherwise permitted by paragraph (6) of subsection (d)
11		of Section 4 of this Act.
12		Within 30 days from the date the notice was
13		received by the designated successor or any other
14		person entitled to notice, the designee or other person
15		may file with the Board a written protest against the
16		proposed action.
17		When a protest has been timely filed, the Board
18		shall enter an order, fixing a date (within 60 days of
19		the date of the order), time, and place of a hearing on
20		the protest, required under Sections 12 and 29 of this
21		Act, and send by certified mail, return receipt
22		requested, a copy of the order to the franchiser that
23		filed the notice of intention of the proposed action
24		and to the protesting designee or such other person.
25		The manufacturer shall have the burden of proof to
26		establish that good cause exists to refuse to honor the

HB3855 Engrossed - 1479 - LRB100 05985 AMC 16014 b
1		succession and discontinue the existing franchise
2		agreement. The determination whether good cause exists
3		to refuse to honor the succession shall be made by the
4		Board under subdivision (B) of this paragraph (10). The
5		manufacturer shall not refuse to honor the succession
6		or discontinue the existing franchise agreement before
7		the hearing process is concluded as prescribed by this
8		Act, and thereafter if the Board determines that it has
9		failed to meet its burden of proof and that good cause
10		does not exist to refuse to honor the succession and
11		discontinue the existing franchise agreement.
12		(B) No manufacturer shall impose any conditions
13		upon honoring the succession and continuing the
14		existing franchise agreement with the designated
15		successor other than that the franchisee has
16		designated a successor to the ownership or management
17		control under the succession provisions of the
18		franchise, or that the designated successor is of good
19		moral character or meets the reasonable capital
20		standards and, with consideration given to the volume
21		of sales and service of the dealership, uniformly
22		applied minimum business experience standards in the
23		market area;
24		(11) to prevent or refuse to approve a proposal to
25		establish a successor franchise at a location previously
26		approved by the franchiser when submitted with the

HB3855 Engrossed - 1480 - LRB100 05985 AMC 16014 b
1		voluntary termination by the existing franchisee unless
2		the successor franchisee would not otherwise qualify for a
3		new motor vehicle dealer's license under the Illinois
4		Vehicle Code or unless the franchiser, having the burden of
5		proof, proves that such proposed successor is not of good
6		moral character or does not meet the franchiser's existing
7		and reasonable capital standards and, with consideration
8		given to the volume of sales and service of the dealership,
9		uniformly applied minimum business experience standards in
10		the market area. However, when such a rejection of a
11		proposal is made, the manufacturer shall give written
12		notice of its reasons to the franchisee within 60 days of
13		receipt by the manufacturer of the proposal. However,
14		nothing herein shall be construed to prevent a franchiser
15		from implementing affirmative action programs providing
16		business opportunities for minorities, or from complying
17		with applicable federal, State or local law;
18		(12) to prevent or refuse to grant a franchise to a
19		person because such person owns, has investment in or
20		participates in the management of or holds a franchise for
21		the sale of another make or line of motor vehicles within 7
22		miles of the proposed franchise location in a county having
23		a population of more than 300,000 persons, or within 12
24		miles of the proposed franchise location in a county having
25		a population of less than 300,000 persons; or
26		(13) to prevent or attempt to prevent any new motor

HB3855 Engrossed - 1481 - LRB100 05985 AMC 16014 b
1		vehicle dealer from establishing any additional motor
2		vehicle dealership or other facility limited to the sale of
3		factory repurchase vehicles or late model vehicles or
4		otherwise offering for sale factory repurchase vehicles of
5		the same line make at an existing franchise by failing to
6		make available any contract, agreement or other
7		arrangement which is made available or otherwise offered to
8		any person.
9		(f) It is deemed a violation for a manufacturer, a
10		distributor, a wholesaler, a distributor branch or division, a
11		factory branch or division, or a wholesale branch or division,
12		or officer, agent, broker, shareholder, except a shareholder of
13		1% or less of the outstanding shares of any class of securities
14		of a manufacturer, distributor, or wholesaler which is a
15		publicly traded corporation, or other representative, directly
16		or indirectly, to own or operate a place of business as a motor
17		vehicle franchisee or motor vehicle financing affiliate,
18		except that, this subsection shall not prohibit:
19		(1) the ownership or operation of a place of business
20		by a manufacturer, distributor, or wholesaler for a period,
21		not to exceed 18 months, during the transition from one
22		motor vehicle franchisee to another;
23		(2) the investment in a motor vehicle franchisee by a
24		manufacturer, distributor, or wholesaler if the investment
25		is for the sole purpose of enabling a partner or
26		shareholder in that motor vehicle franchisee to acquire an

HB3855 Engrossed - 1482 - LRB100 05985 AMC 16014 b
1		interest in that motor vehicle franchisee and that partner
2		or shareholder is not otherwise employed by or associated
3		with the manufacturer, distributor, or wholesaler and
4		would not otherwise have the requisite capital investment
5		funds to invest in the motor vehicle franchisee, and has
6		the right to purchase the entire equity interest of the
7		manufacturer, distributor, or wholesaler in the motor
8		vehicle franchisee within a reasonable period of time not
9		to exceed 5 years; or
10		(3) the ownership or operation of a place of business
11		by a manufacturer that manufactures only diesel engines for
12		installation in trucks having a gross vehicle weight rating
13		of more than 16,000 pounds that are required to be
14		registered under the Illinois Vehicle Code, provided that:
15		(A) the manufacturer does not otherwise
16		manufacture, distribute, or sell motor vehicles as
17		defined under Section 1-217 of the Illinois Vehicle
18		Code;
19		(B) the manufacturer owned a place of business and
20		it was in operation as of January 1, 2016;
21		(C) the manufacturer complies with all obligations
22		owed to dealers that are not owned, operated, or
23		controlled by the manufacturer, including, but not
24		limited to those obligations arising pursuant to
25		Section 6;
26		(D) to further avoid any acts or practices, the

HB3855 Engrossed - 1483 - LRB100 05985 AMC 16014 b
1		effect of which may be to lessen or eliminate
2		competition, the manufacturer provides to dealers on
3		substantially equal terms access to all support for
4		completing repairs, including, but not limited to,
5		parts and assemblies, training, and technical service
6		bulletins, and other information concerning repairs
7		that the manufacturer provides to facilities that are
8		owned, operated, or controlled by the manufacturer;
9		and
10		(E) the manufacturer does not require that
11		warranty repair work be performed by a
12		manufacturer-owned repair facility and the
13		manufacturer provides any dealer that has an agreement
14		with the manufacturer to sell and perform warranty
15		repairs on the manufacturer's engines the opportunity
16		to perform warranty repairs on those engines,
17		regardless of whether the dealer sold the truck into
18		which the engine was installed.
19		(g) Notwithstanding the terms, provisions, or conditions
20		of any agreement or waiver, it shall be deemed a violation for
21		a manufacturer, a distributor, a wholesaler, a distributor
22		branch or division, a factory branch or division, or a
23		wholesale branch or division, or officer, agent or other
24		representative thereof, to directly or indirectly condition
25		the awarding of a franchise to a prospective new motor vehicle
26		dealer, the addition of a line make or franchise to an existing

HB3855 Engrossed - 1484 - LRB100 05985 AMC 16014 b
1		dealer, the renewal of a franchise of an existing dealer, the
2		approval of the relocation of an existing dealer's facility, or
3		the approval of the sale or transfer of the ownership of a
4		franchise on the willingness of a dealer, proposed new dealer,
5		or owner of an interest in the dealership facility to enter
6		into a site control agreement or exclusive use agreement unless
7		separate and reasonable consideration was offered and accepted
8		for that agreement.
9		For purposes of this subsection (g), the terms "site
10		control agreement" and "exclusive use agreement" include any
11		agreement that has the effect of either (i) requiring that the
12		dealer establish or maintain exclusive dealership facilities;
13		or (ii) restricting the ability of the dealer, or the ability
14		of the dealer's lessor in the event the dealership facility is
15		being leased, to transfer, sell, lease, or change the use of
16		the dealership premises, whether by sublease, lease,
17		collateral pledge of lease, or other similar agreement. "Site
18		control agreement" and "exclusive use agreement" also include a
19		manufacturer restricting the ability of a dealer to transfer,
20		sell, or lease the dealership premises by right of first
21		refusal to purchase or lease, option to purchase, or option to
22		lease if the transfer, sale, or lease of the dealership
23		premises is to a person who is an immediate family member of
24		the dealer. For the purposes of this subsection (g), "immediate
25		family member" means a spouse, parent, son, daughter,
26		son-in-law, daughter-in-law, brother, and sister.

HB3855 Engrossed - 1485 - LRB100 05985 AMC 16014 b
1		If a manufacturer exercises any right of first refusal to
2		purchase or lease or option to purchase or lease with regard to
3		a transfer, sale, or lease of the dealership premises to a
4		person who is not an immediate family member of the dealer,
5		then (1) within 60 days from the receipt of the completed
6		application forms generally utilized by a manufacturer to
7		conduct its review and a copy of all agreements regarding the
8		proposed transfer, the manufacturer must notify the dealer of
9		its intent to exercise the right of first refusal to purchase
10		or lease or option to purchase or lease and (2) the exercise of
11		the right of first refusal to purchase or lease or option to
12		purchase or lease must result in the dealer receiving
13		consideration, terms, and conditions that either are the same
14		as or greater than that which they have contracted to receive
15		in connection with the proposed transfer, sale, or lease of the
16		dealership premises.
17		Any provision contained in any agreement entered into on or
18		after November 25, 2009 (the effective date of Public Act
19		96-824) this amendatory Act of the 96th General Assembly that
20		is inconsistent with the provisions of this subsection (g)
21		shall be voidable at the election of the affected dealer,
22		prospective dealer, or owner of an interest in the dealership
23		facility.
24		(h) For purposes of this subsection:
25		"Successor manufacturer" means any motor vehicle
26		manufacturer that, on or after January 1, 2009, acquires,

HB3855 Engrossed - 1486 - LRB100 05985 AMC 16014 b
1		succeeds to, or assumes any part of the business of another
2		manufacturer, referred to as the "predecessor manufacturer",
3		as the result of any of the following:
4		(i) A change in ownership, operation, or control of the
5		predecessor manufacturer by sale or transfer of assets,
6		corporate stock or other equity interest, assignment,
7		merger, consolidation, combination, joint venture,
8		redemption, court-approved sale, operation of law or
9		otherwise.
10		(ii) The termination, suspension, or cessation of a
11		part or all of the business operations of the predecessor
12		manufacturer.
13		(iii) The discontinuance of the sale of the product
14		line.
15		(iv) A change in distribution system by the predecessor
16		manufacturer, whether through a change in distributor or
17		the predecessor manufacturer's decision to cease
18		conducting business through a distributor altogether.
19		"Former Franchisee" means a new motor vehicle dealer that
20		has entered into a franchise with a predecessor manufacturer
21		and that has either:
22		(i) entered into a termination agreement or deferred
23		termination agreement with a predecessor or successor
24		manufacturer related to such franchise; or
25		(ii) has had such franchise canceled, terminated,
26		nonrenewed, noncontinued, rejected, nonassumed, or

HB3855 Engrossed - 1487 - LRB100 05985 AMC 16014 b
1		otherwise ended.
2		For a period of 3 years from: (i) the date that a successor
3		manufacturer acquires, succeeds to, or assumes any part of the
4		business of a predecessor manufacturer; (ii) the last day that
5		a former franchisee is authorized to remain in business as a
6		franchised dealer with respect to a particular franchise under
7		a termination agreement or deferred termination agreement with
8		a predecessor or successor manufacturer; (iii) the last day
9		that a former franchisee that was cancelled, terminated,
10		nonrenewed, noncontinued, rejected, nonassumed, or otherwise
11		ended by a predecessor or successor manufacturer is authorized
12		to remain in business as a franchised dealer with respect to a
13		particular franchise; or (iv) November 25, 2009 (the effective
14		date of Public Act 96-824) this amendatory Act of the 96th
15		General Assembly, whichever is latest, it shall be unlawful for
16		such successor manufacturer to enter into a same line make
17		franchise with any person or to permit the relocation of any
18		existing same line make franchise, for a line make of the
19		predecessor manufacturer that would be located or relocated
20		within the relevant market area of a former franchisee who
21		owned or leased a dealership facility in that relevant market
22		area without first offering the additional or relocated
23		franchise to the former franchisee, or the designated successor
24		of such former franchisee in the event the former franchisee is
25		deceased or a person with a disability, at no cost and without
26		any requirements or restrictions other than those imposed

HB3855 Engrossed - 1488 - LRB100 05985 AMC 16014 b
1		generally on the manufacturer's other franchisees at that time,
2		unless one of the following applies:
3		(1) As a result of the former franchisee's
4		cancellation, termination, noncontinuance, or nonrenewal
5		of the franchise, the predecessor manufacturer had
6		consolidated the line make with another of its line makes
7		for which the predecessor manufacturer had a franchisee
8		with a then-existing dealership facility located within
9		that relevant market area.
10		(2) The successor manufacturer has paid the former
11		franchisee, or the designated successor of such former
12		franchisee in the event the former franchisee is deceased
13		or a person with a disability, the fair market value of the
14		former franchisee's franchise on (i) the date the
15		franchisor announces the action which results in the
16		termination, cancellation, or nonrenewal; or (ii) the date
17		the action which results in termination, cancellation, or
18		nonrenewal first became general knowledge; or (iii) the day
19		12 months prior to the date on which the notice of
20		termination, cancellation, or nonrenewal is issued,
21		whichever amount is higher. Payment is due within 90 days
22		of the effective date of the termination, cancellation, or
23		nonrenewal. If the termination, cancellation, or
24		nonrenewal is due to a manufacturer's change in
25		distributors, the manufacturer may avoid paying fair
26		market value to the dealer if the new distributor or the

HB3855 Engrossed - 1489 - LRB100 05985 AMC 16014 b
1		manufacturer offers the dealer a franchise agreement with
2		terms acceptable to the dealer.
3		(3) The successor manufacturer proves that it would
4		have had good cause to terminate the franchise agreement of
5		the former franchisee, or the successor of the former
6		franchisee under item (e)(10) in the event that the former
7		franchisee is deceased or a person with a disability. The
8		determination of whether the successor manufacturer would
9		have had good cause to terminate the franchise agreement of
10		the former franchisee, or the successor of the former
11		franchisee, shall be made by the Board under subsection (d)
12		of Section 12. A successor manufacturer that seeks to
13		assert that it would have had good cause to terminate a
14		former franchisee, or the successor of the former
15		franchisee, must file a petition seeking a hearing on this
16		issue before the Board and shall have the burden of proving
17		that it would have had good cause to terminate the former
18		franchisee or the successor of the former franchisee. No
19		successor dealer, other than the former franchisee, may be
20		appointed or franchised by the successor manufacturer
21		within the relevant market area of the former franchisee
22		until the Board has held a hearing and rendered a
23		determination on the issue of whether the successor
24		manufacturer would have had good cause to terminate the
25		former franchisee.
26		In the event that a successor manufacturer attempts to

HB3855 Engrossed - 1490 - LRB100 05985 AMC 16014 b
1		enter into a same line make franchise with any person or to
2		permit the relocation of any existing line make franchise under
3		this subsection (h) at a location that is within the relevant
4		market area of 2 or more former franchisees, then the successor
5		manufacturer may not offer it to any person other than one of
6		those former franchisees unless the successor manufacturer can
7		prove that at least one of the 3 exceptions in items (1), (2),
8		and (3) of this subsection (h) applies to each of those former
9		franchisees.
10		(Source: P.A. 99-143, eff. 7-27-15; 99-844, eff. 8-19-16;
11		revised 10-27-16.)
12		Section 820. The Earned Income Tax Credit Information Act
13		is amended by changing Section 5 as follows:
14		(820 ILCS 170/5) (from Ch. 48, par. 2755)
15		Sec. 5. Declaration of public policy. In order to alleviate
16		the tax burden of low-income persons in Illinois who have
17		earned income and support one or more dependent children, the
18		State should facilitate the furnishing of information to such
19		persons about the availability of the federal earned income tax
20		credit so that eligible taxpayers may claim that credit on
21		their federal income tax returns. It is the intent of this Act
22		to offer the most cost-effective assistance to eligible
23		taxpayers through notices provided by their employers and by
24		State government.

HB3855 Engrossed - 1491 - LRB100 05985 AMC 16014 b
1		(Source: P.A. 87-598; revised 9-15-16.)
2		Section 995. No acceleration or delay. Where this Act makes
3		changes in a statute that is represented in this Act by text
4		that is not yet or no longer in effect (for example, a Section
5		represented by multiple versions), the use of that text does
6		not accelerate or delay the taking effect of (i) the changes
7		made by this Act or (ii) provisions derived from any other
8		Public Act.
9		Section 996. No revival or extension. This Act does not
10		revive or extend any Section or Act otherwise repealed.
11		Section 999. Effective date. This Act takes effect upon
12		becoming law.
HB3855 Engrossed - 1492 - LRB100 05985 AMC 16014 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 70/8 from Ch. 1, par. 1107 4 5 ILCS 80/4.37 5 5 ILCS 80/4.27 rep. 6 5 ILCS 120/2 from Ch. 102, par. 42 7 5 ILCS 140/7 from Ch. 116, par. 207 8 5 ILCS 140/7.5 9 5 ILCS 160/2 from Ch. 116, par. 43.5 10 5 ILCS 312/2-106 from Ch. 102, par. 202-106 11 5 ILCS 315/27 from Ch. 48, par. 1627 12 5 ILCS 315/28 13 5 ILCS 360/1 from Ch. 127, par. 63b120.1 14 5 ILCS 370/1 from Ch. 127, par. 391 15 5 ILCS 420/3-202 from Ch. 127, par. 603-202 16 5 ILCS 465/10 17 10 ILCS 5/3-6 18 10 ILCS 5/4-8.5 19 10 ILCS 5/5-8.5 20 10 ILCS 5/6-35.5 21 10 ILCS 5/7-8 from Ch. 46, par. 7-8 22 10 ILCS 5/18A-5 23 10 ILCS 5/20-5 from Ch. 46, par. 20-5 24 10 ILCS 5/20-13 from Ch. 46, par. 20-13 25 10 ILCS 5/24A-15.1 from Ch. 46, par. 24A-15.1 HB3855 Engrossed - 1493 - LRB100 05985 AMC 16014 b 1 15 ILCS 20/50-15 was 15 ILCS 20/38.2 2 15 ILCS 305/6 from Ch. 124, par. 6 3 15 ILCS 335/1A 4 15 ILCS 335/5 from Ch. 124, par. 25 5 15 ILCS 335/12 from Ch. 124, par. 32 6 15 ILCS 405/22 from Ch. 15, par. 222 7 20 ILCS 205/205-15 was 20 ILCS 205/40.7 and 205/40.8 8 20 ILCS 301/5-23 9 20 ILCS 301/10-15 10 20 ILCS 415/10 from Ch. 127, par. 63b110 11 20 ILCS 605/Art. 605 12 heading 13 20 ILCS 700/1004 from Ch. 127, par. 3701-4 14 20 ILCS 1605/10.8 15 20 ILCS 1605/21.6 16 20 ILCS 1805/28 from Ch. 129, par. 220.28 17 20 ILCS 1815/53 from Ch. 129, par. 281 18 20 ILCS 1815/54 from Ch. 129, par. 282 19 20 ILCS 2310/2310-367 20 20 ILCS 2310/2310-371.5 was 20 ILCS 2310/371 21 20 ILCS 2610/7 from Ch. 121, par. 307.7 22 20 ILCS 2610/38 23 20 ILCS 2610/40 24 20 ILCS 2630/5.2 25 20 ILCS 2635/3 from Ch. 38, par. 1603 26 20 ILCS 2805/20 HB3855 Engrossed - 1494 - LRB100 05985 AMC 16014 b 1 20 ILCS 3501/825-65 2 20 ILCS 3501/Art. 835 3 heading 4 20 ILCS 3905/1005 from Ch. 105, par. 905 5 20 ILCS 3960/8.5 6 20 ILCS 3983/5 7 20 ILCS 5080/5 8 25 ILCS 60/2 from Ch. 63, par. 42.62 9 25 ILCS 82/10 10 30 ILCS 105/5.595 11 30 ILCS 105/5.595a 12 30 ILCS 105/5.874 13 30 ILCS 105/5.875 14 30 ILCS 105/5.876 15 30 ILCS 105/6z-9 from Ch. 127, par. 142z-9 16 30 ILCS 105/8g 17 30 ILCS 150/5 from Ch. 105, par. 735 18 30 ILCS 500/40-30 19 30 ILCS 500/45-67 20 30 ILCS 708/75 21 30 ILCS 805/7 from Ch. 85, par. 2207 22 30 ILCS 805/8.40 23 35 ILCS 5/304 from Ch. 120, par. 3-304 24 35 ILCS 5/507GG 25 35 ILCS 5/709.5 26 35 ILCS 143/10-50 HB3855 Engrossed - 1495 - LRB100 05985 AMC 16014 b 1 35 ILCS 200/11-25 2 35 ILCS 200/12-35 3 35 ILCS 200/15-176 4 35 ILCS 200/21-380 5 35 ILCS 200/31-45 6 35 ILCS 720/1 from Ch. 120, par. 1901 7 40 ILCS 5/1-113 from Ch. 108 1/2, par. 1-113 8 40 ILCS 5/1-113.4 9 40 ILCS 5/1-160 10 40 ILCS 5/4-106.1 from Ch. 108 1/2, par. 4-106.1 11 40 ILCS 5/4-121 from Ch. 108 1/2, par. 4-121 12 40 ILCS 5/8-107.2 from Ch. 108 1/2, par. 8-107.2 13 40 ILCS 5/8-114 from Ch. 108 1/2, par. 8-114 14 40 ILCS 5/9-121.6 from Ch. 108 1/2, par. 9-121.6 15 40 ILCS 5/11-116 from Ch. 108 1/2, par. 11-116 16 40 ILCS 5/11-125.5 from Ch. 108 1/2, par. 11-125.5 17 40 ILCS 5/18-125 from Ch. 108 1/2, par. 18-125 18 40 ILCS 5/22A-111 from Ch. 108 1/2, par. 22A-111 19 50 ILCS 20/20.5 20 50 ILCS 105/3 from Ch. 102, par. 3 21 50 ILCS 150/10 22 50 ILCS 150/15 23 50 ILCS 205/6 from Ch. 116, par. 43.106 24 50 ILCS 705/10.19 25 50 ILCS 705/10.20 26 50 ILCS 705/10.21 HB3855 Engrossed - 1496 - LRB100 05985 AMC 16014 b 1 50 ILCS 741/25 2 55 ILCS 5/3-6012.1 3 55 ILCS 5/4-2002.1 from Ch. 34, par. 4-2002.1 4 55 ILCS 5/4-11001.5 5 55 ILCS 5/5-25013 from Ch. 34, par. 5-25013 6 55 ILCS 5/5-43035 7 65 ILCS 5/3.1-50-15 from Ch. 24, par. 3.1-50-15 8 65 ILCS 5/8-11-1.8 9 65 ILCS 5/8-11-2 from Ch. 24, par. 8-11-2 10 65 ILCS 5/11-6-10 11 65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3 12 65 ILCS 5/11-74.4-3.5 13 65 ILCS 5/11-74.4-6 from Ch. 24, par. 11-74.4-6 14 65 ILCS 5/11-74.4-8a from Ch. 24, par. 11-74.4-8a 15 65 ILCS 5/11-102-2 from Ch. 24, par. 11-102-2 16 70 ILCS 705/11m 17 70 ILCS 1205/9-2c from Ch. 105, par. 9-2c 18 70 ILCS 1505/26.10-8 19 70 ILCS 2205/14.4 from Ch. 42, par. 260.4 20 70 ILCS 2205/24 from Ch. 42, par. 270 21 70 ILCS 2305/8 from Ch. 42, par. 284 22 70 ILCS 2805/32a.5 from Ch. 42, par. 443a.5 23 70 ILCS 2805/33 from Ch. 42, par. 444 24 70 ILCS 2805/37.1 25 70 ILCS 2805/44 from Ch. 42, par. 447.8 26 70 ILCS 2805/45 from Ch. 42, par. 447.9 HB3855 Engrossed - 1497 - LRB100 05985 AMC 16014 b 1 70 ILCS 3405/21 from Ch. 42, par. 468 2 70 ILCS 3605/12a from Ch. 111 2/3, par. 312a 3 70 ILCS 3620/3 from Ch. 111 2/3, par. 803 4 105 ILCS 5/2-3.161 5 105 ILCS 5/2-3.167 6 105 ILCS 5/2-3.168 7 105 ILCS 5/2-3.169 8 105 ILCS 5/10-20.58 9 105 ILCS 5/10-20.59 10 105 ILCS 5/10-22.29a from Ch. 122, par. 10-22.29a 11 105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01 12 105 ILCS 5/21B-70 13 105 ILCS 5/22-30 14 105 ILCS 5/27A-9 15 105 ILCS 5/30-14.2 from Ch. 122, par. 30-14.2 16 105 ILCS 5/34-18.49 17 105 ILCS 5/34-18.50 18 105 ILCS 5/34-18.51 19 105 ILCS 5/34-18.52 20 105 ILCS 5/34-54.2 from Ch. 122, par. 34-54.2 21 105 ILCS 5/34A-404 from Ch. 122, par. 34A-404 22 105 ILCS 45/1-10 23 105 ILCS 80/5 24 110 ILCS 151/5 25 110 ILCS 415/1 from Ch. 144, par. 68 26 110 ILCS 947/90 HB3855 Engrossed - 1498 - LRB100 05985 AMC 16014 b 1 110 ILCS 947/135 2 205 ILCS 205/4013 from Ch. 17, par. 7304-13 3 205 ILCS 205/5001 from Ch. 17, par. 7305-1 4 205 ILCS 205/9002.5 5 205 ILCS 305/12 from Ch. 17, par. 4413 6 205 ILCS 305/34.1 7 205 ILCS 305/46 from Ch. 17, par. 4447 8 205 ILCS 305/57.1 9 205 ILCS 657/90 10 205 ILCS 665/2 from Ch. 17, par. 5302 11 210 ILCS 25/7-109 from Ch. 111 1/2, par. 627-109 12 210 ILCS 45/3-303.1 from Ch. 111 1/2, par. 4153-303.1 13 210 ILCS 45/3-306 from Ch. 111 1/2, par. 4153-306 14 210 ILCS 46/3-318 15 210 ILCS 49/1-102 16 210 ILCS 49/4-201 17 210 ILCS 50/3.40 18 210 ILCS 50/3.220 19 210 ILCS 55/10.01 from Ch. 111 1/2, par. 2810.01 20 210 ILCS 85/10 from Ch. 111 1/2, par. 151 21 210 ILCS 85/10.8 22 215 ILCS 5/35A-15 23 215 ILCS 5/35A-60 24 215 ILCS 5/126.12 25 215 ILCS 5/126.25 26 215 ILCS 5/143.19 from Ch. 73, par. 755.19 HB3855 Engrossed - 1499 - LRB100 05985 AMC 16014 b 1 215 ILCS 5/355a from Ch. 73, par. 967a 2 215 ILCS 5/1303 from Ch. 73, par. 1065.1003 3 215 ILCS 100/10 from Ch. 73, par. 1610 4 215 ILCS 105/4 from Ch. 73, par. 1304 5 215 ILCS 105/5 from Ch. 73, par. 1305 6 215 ILCS 105/15 7 215 ILCS 120/12 from Ch. 73, par. 1262 8 215 ILCS 125/4-10 from Ch. 111 1/2, par. 1409.3 9 215 ILCS 130/4003 from Ch. 73, par. 1504-3 10 215 ILCS 130/4006 from Ch. 73, par. 1504-6 11 215 ILCS 159/15 12 220 ILCS 5/13-703 from Ch. 111 2/3, par. 13-703 13 225 ILCS 10/2.09 from Ch. 23, par. 2212.09 14 225 ILCS 10/7 from Ch. 23, par. 2217 15 225 ILCS 10/14.6 16 225 ILCS 20/3 from Ch. 111, par. 6353 17 225 ILCS 25/8.1 from Ch. 111, par. 2308.1 18 225 ILCS 25/44 from Ch. 111, par. 2344 19 225 ILCS 37/10 20 225 ILCS 41/15-75 21 225 ILCS 50/18 from Ch. 111, par. 7418 22 225 ILCS 90/1 from Ch. 111, par. 4251 23 225 ILCS 107/30 from Ch. 111, par. 8451-30 24 225 ILCS 107/80 25 225 ILCS 109/35 26 225 ILCS 115/19.2 HB3855 Engrossed - 1500 - LRB100 05985 AMC 16014 b 1 225 ILCS 135/10 2 225 ILCS 135/95 3 225 ILCS 225/5 from Ch. 111 1/2, par. 116.305 4 225 ILCS 235/3.14 from Ch. 111 1/2, par. 2203.14 5 225 ILCS 310/21 from Ch. 111, par. 8221 6 225 ILCS 320/3 from Ch. 111, par. 1103 7 225 ILCS 427/10 8 225 ILCS 430/7.1 from Ch. 111, par. 2408 9 225 ILCS 458/5-15 10 225 ILCS 460/4 from Ch. 23, par. 5104 11 225 ILCS 705/25.05 from Ch. 96 1/2, par. 2505 12 225 ILCS 715/8 from Ch. 96 1/2, par. 4509 13 230 ILCS 5/26 from Ch. 8, par. 37-26 14 230 ILCS 5/26.2 from Ch. 8, par. 37-26.2 15 230 ILCS 5/32.1 16 230 ILCS 5/40 from Ch. 8, par. 37-40 17 230 ILCS 15/2 from Ch. 85, par. 2302 18 235 ILCS 5/3-12 19 235 ILCS 5/5-1 from Ch. 43, par. 115 20 235 ILCS 5/5-3 from Ch. 43, par. 118 21 235 ILCS 5/6-4 from Ch. 43, par. 121 22 235 ILCS 5/6-11 23 235 ILCS 5/6-15 from Ch. 43, par. 130 24 235 ILCS 5/6-28.5 25 305 ILCS 5/4-1.7 from Ch. 23, par. 4-1.7 26 305 ILCS 5/5-5 from Ch. 23, par. 5-5 HB3855 Engrossed - 1501 - LRB100 05985 AMC 16014 b 1 305 ILCS 5/5-30.1 2 305 ILCS 5/5-30.3 3 305 ILCS 5/5-30.4 4 305 ILCS 5/5-30.5 5 305 ILCS 5/10-15.1 6 305 ILCS 5/10-17.3 from Ch. 23, par. 10-17.3 7 305 ILCS 5/10-17.14 8 305 ILCS 5/10-24.50 9 305 ILCS 5/11-9 from Ch. 23, par. 11-9 10 305 ILCS 5/12-4.42 11 305 ILCS 5/16-2 12 305 ILCS 5/16-5 13 320 ILCS 25/8a from Ch. 67 1/2, par. 408.1 14 330 ILCS 65/1 from Ch. 126 1/2, par. 58 15 330 ILCS 65/2.1 from Ch. 126 1/2, par. 59.1 16 330 ILCS 65/3 from Ch. 126 1/2, par. 60 17 410 ILCS 15/2 from Ch. 96 1/2, par. 3952 18 410 ILCS 70/6.6 19 410 ILCS 130/45 20 410 ILCS 615/15 from Ch. 56 1/2, par. 55-15 21 415 ILCS 5/22.28 from Ch. 111 1/2, par. 1022.28 22 415 ILCS 5/40 from Ch. 111 1/2, par. 1040 23 415 ILCS 50/2 from Ch. 111 1/2, par. 582 24 415 ILCS 60/4 from Ch. 5, par. 804 25 415 ILCS 60/9 from Ch. 5, par. 809 26 415 ILCS 98/25 HB3855 Engrossed - 1502 - LRB100 05985 AMC 16014 b 1 430 ILCS 65/9 from Ch. 38, par. 83-9 2 510 ILCS 77/30 3 520 ILCS 5/2.33a from Ch. 61, par. 2.33a 4 625 ILCS 5/1-132 from Ch. 95 1/2, par. 1-132 5 625 ILCS 5/2-115 from Ch. 95 1/2, par. 2-115 6 625 ILCS 5/3-114.1 7 625 ILCS 5/3-414 from Ch. 95 1/2, par. 3-414 8 625 ILCS 5/3-506 9 625 ILCS 5/3-699.14 10 625 ILCS 5/3-704.1 11 625 ILCS 5/3-809 from Ch. 95 1/2, par. 3-809 12 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 13 625 ILCS 5/7-311 from Ch. 95 1/2, par. 7-311 14 625 ILCS 5/11-905 from Ch. 95 1/2, par. 11-905 15 625 ILCS 5/11-907 from Ch. 95 1/2, par. 11-907 16 625 ILCS 5/11-908 from Ch. 95 1/2, par. 11-908 17 625 ILCS 5/11-1431 18 625 ILCS 5/15-107 from Ch. 95 1/2, par. 15-107 19 625 ILCS 5/18c-7402 from Ch. 95 1/2, par. 18c-7402 20 625 ILCS 40/1-2 from Ch. 95 1/2, par. 601-2 21 625 ILCS 40/2-1 from Ch. 95 1/2, par. 602-1 22 625 ILCS 40/5-7 23 625 ILCS 40/5-7.4 24 705 ILCS 405/4-9 from Ch. 37, par. 804-9 25 705 ILCS 405/5-710 26 705 ILCS 405/5-745 HB3855 Engrossed - 1503 - LRB100 05985 AMC 16014 b 1 705 ILCS 405/5-7A-115 2 705 ILCS 405/5-915 3 720 ILCS 5/17-2 from Ch. 38, par. 17-2 4 720 ILCS 5/24-1.6 5 720 ILCS 5/24-2 6 720 ILCS 5/32-14 7 720 ILCS 570/204 from Ch. 56 1/2, par. 1204 8 720 ILCS 675/1.5 9 720 ILCS 675/2 from Ch. 23, par. 2358 10 725 ILCS 5/115-9.2 11 725 ILCS 5/115-10 from Ch. 38, par. 115-10 12 725 ILCS 203/15 13 725 ILCS 203/20 14 730 ILCS 5/3-3-7 from Ch. 38, par. 1003-3-7 15 730 ILCS 5/5-6-3.1 from Ch. 38, par. 1005-6-3.1 16 730 ILCS 5/5-8-1.2 17 730 ILCS 5/5-8-8 18 730 ILCS 5/5-8A-3 from Ch. 38, par. 1005-8A-3 19 730 ILCS 5/5-8A-5 from Ch. 38, par. 1005-8A-5 20 730 ILCS 5/5-8A-7 21 735 ILCS 5/13-214 from Ch. 110, par. 13-214 22 745 ILCS 60/2 from Ch. 30, par. 252 23 750 ILCS 5/510 from Ch. 40, par. 510 24 750 ILCS 46/103 25 750 ILCS 60/202 from Ch. 40, par. 2312-2 26 755 ILCS 5/11a-10 from Ch. 110 1/2, par. 11a-10 HB3855 Engrossed - 1504 - LRB100 05985 AMC 16014 b